Privacy Policy

Last updated on: December 1, 2022

INTRODUCTION

This policy describes the types of information SocialFair, Inc. d/b/a “socialfair” and its parent, subsidiary and affiliate entities (individually and collectively, “SocialFair, Inc.”, “socialfair”, "Company" or "We") may collect from you or that you may provide when you visit the website www.socialfair.com or any other website, application, platform, store, or other service that reference this Privacy Policy (each individually and collectively referred to as our “Site”) and our practices for collecting, using, maintaining, protecting, processing, and disclosing that information. socialfair is a multi-channel, digital content network that makes content shoppable and highlights products and brands that celebrities and influencers are loving. By accessing or using this Site, you agree to this Privacy Policy.

Changes and updates: We reserve the right to update, change, amend or modify this Privacy Policy from time to time without prior notice, so our Privacy Policy may have changed since your last visit. When we post changes to this Privacy Policy, we will revise the “Last updated” date at the top of this Privacy Policy. Therefore, you should review our Privacy Policy and Terms of Use each time you visit our Site. Each time you use our Site you have agreed to the current Privacy Policy and latest Terms of Use posted on our Site.

This policy applies to information we collect:

On this Site;
When you purchase products directly through this Site;
In email and other electronic messages between you and this Site;
When you sign up for our newsletters;
When you choose to register and create an account with us; and/or
When you interact with our pages on third-party websites (for example, Facebook, LinkedIn, Twitter and other social media sites) and third party sites that may advertise our service and which may include a link to this Site).

It does not apply to information collected by:

By us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our brands, brand affiliates, affiliate networks, retailers, creators, influencers, and our affiliates and subsidiaries), except as expressly stated in this Privacy Policy. You understand that if you access or use any of the third-party websites or platforms linked or connected to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and platforms as described further in our Affiliate Disclosures and Third Party Website and Platform Disclosures.

CHILDREN

If you are not at least 13 years old please do not use this Site.
Only if required by law will we ask for your actual date of birth and except as required by law, you are not obligated to provide this information. If you are under 18 or not the age of majority in your location, you need your parent or guardian to consent to register an account with us.

Parent/Guardian Right of Access: Your parent and/or your legal guardian has the right to ask about the information we have collected about you. We will ask that person making the request to verify that they are in fact your parent or legal guardian before we provide them your information. We will also collect the contact information for the person requesting this information so we can respond to the request.
For more information about children’s online privacy, please visit (for Children in the U.S.), the Federal Trade Commission’s Resource Page: https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.
We do not knowingly collect information about children under that age of 13. If a parent or legal guardian believes that we have been provided with information about their child under the age of 13, please contact us at legal@socialfair.com.
Before we explain what information we collect, how we use it and with whom we share it, please consider what your role is when you use this Site:

You may be a Site visitor and/or shopper
You may be an employee of a brand, brand affiliate, affiliate network or retailer
You may be a creator, or an employee or legal representative or agent of a creator

Most of this Privacy Policy Pertains to Site visitors and shoppers. If you are an employee of a brand or brand affiliate, affiliate network or retailer, a creator, or an employee, agent or legal representative of a creator, please see information below regarding the information we collect about you and how we use it.
IF YOU ARE A SHOPPER OR POTENTIAL SHOPPER:

INFORMATION COLLECTED WHEN YOU VISIT OR PURCHASE FROM THIS SITE:

Categories of information and sources of that information

Category	Examples	Source
Identifiers and other personal information	Name, alias, zip code and/or full mailing address, IP address, email address, account name, password, phone number, signature, credit card or other payment information (payment information is stored only by third party payment processors and those third party payment processors’ fraud detection service provider)	You when you visit, create an account or make a purchase; or the person that sent you a gift from our Site
Other Personal Information	Phone number, signature, credit card or other payment information (payment information is stored only by the third party payment processors and their third party fraud detection service providers)	You or the person that sent you a gift from this Site
Internet and other network activity	Browsing history, browser type, IP address, device used to connect to this Site, search history, your interaction with the Site, including dates and times, which images, and/or videos you clicked on, the site you may have used to link here	Automated Technology such as cookies, Google Analytics and web beacons
Your consent, selections and elections	Your opt-in and opt-out elections regarding newsletters, products, creators, etc. when you create of an account with us and/or sign up to receive our newsletters	You

We do not collect: any state or government issued identifiers (such as social security numbers, passport numbers, drivers’ license numbers, employment or employment related information, health information, sex or sexual orientation, veteran’s status, religion, political affiliations, biometric data, geolocation data, sensory information, education history or other “sensitive” information.
See also our section below for California Residents Regarding Certain Rights.

Gifts: If you are purchasing a gift for someone, and you give us that person’s information for shipping, we are relying on you to make sure you have the right (and consent if needed) to provide to us the recipient’s information.

Third party service providers and your purchasing/return activities:
We do not collect or store your credit card number, your gift card information or your debit card information (or other payment method). We use third party providers to do this for us. At present, we use Stripe and PLAID to process payments for us. Further, PLAID may provide interfaces with Venmo and other such services. We also use third party providers to prevent fraud in our transactions. If you use a particular source of funds (for example your ApplePay, Venmo or PayPal account), those sites and applications will collect your transaction information. These are accounts you created, and you should review the terms of use and privacy policies of those providers that you choose. When you: proceed to check out, or ask us to credit a return, your transaction information, including your name, password, email or other points of contact, and payment information is stored by our third party provider(s). You can check out as a “guest” without creating an account. Our service providers that process payments and monitor and detect fraud have represented that they are PCI (payment card industry) compliant, and they have contractually committed to maintain your information in accordance with applicable laws (for example, CCPA and GDPR).
These third party providers are not authorized by us to use the information you provide for your purchases, credits, returns, and account information except to help us do our business with you, or as required by law (for example, to confirm there is no fraudulent transaction). These providers have also committed to cooperate with us when you exercise certain choices (for example, if you want to be forgotten).

Third party sites and purchases from those sites:
When you choose to shop on this Site, for certain brands and items, you may be redirected and linked to a third party affiliate or retailer website to complete your purchase. When you purchase through those third party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and platforms. We do not control what information they collect, nor do we control (i) with whom they may share your information, (ii) what measures they may use to protect your information, (iii) how they use your information, and (iv) any other matters regarding those third parties and their use, collection and processing of your personal information. Before you proceed to purchase an item you see on our Site from those third party sites, please review their terms of use and privacy policy.
The only information we receive from those third party sites from which you may make a purchase does not identify you:

We only receive data that a click occurred, and the aggregate “click through rate”
Product(s) (SKUs) ordered, sale amount, date/time of the transaction, and an anonymized transaction number assigned by the third party site

Note that if you purchase from those third party sites, returns and/or any other order inquiries will be handled by those sites and not by us and not through this Site.
For more information regarding access of any third party websites or platforms linked or connected with this Site, including purchases, please see Affiliate Disclosures and Third Party Website and Platform Disclosures.

Cookies, beacons and other automated data collection technologies; do not track signals:

Some web browsers may transmit "do not track" signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites and online services should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy accordingly.

Types of automated technology and your options:

Cookies (or browser cookies). A cookie is a small text file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site.
Web Beacons. Pages of our Site, our e-mails, and Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and to gather other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
Google Analytics and Amplitude: We may use a tool called “Google Analytics” and a tool provided by Amplitude to collect information about use of the Site. These tools collect information such as how often users visit our Site, what pages they visit when they do so, and what other sites they used prior to coming to our Site. We use the information we get from Amplitude and/or Google Analytics only to improve our Site. Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our Site. Google’s ability to use and share information collected by Google Analytics about your visits to our Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. More information on Google Analytics can be found here google.com/policies/privacy/partners. If you would like to opt-out of having your data used by these cookies, please use the Google Analytics opt-out available here: https://tools.google.com/dlpage/gaoptout/. For more information on Amplitude, please visit www.amplitude.com and https://amplitude.com/privacy.

HOW WE USE INFORMATION COLLECTED

How we use information collected by automated technology:

We use information collected to improve our Site and to deliver a better and more personalized service, thereby enabling us to:

Estimate our audience size and usage patterns;
Send you newsletters when opt-in to receive them;
Send you alerts that you request when someone you opt-in to follow posts new content on our Site
Help you navigate through the Site;
Store information about your preferences; and
Recognize you when you return to our Site.

Uses of other information we collect and/or you provide:

We use information that we collect about you or that you provide to us, including any personal information:

To fulfill orders, returns, answer your questions, notify you about order status (unless your order was through a third party site);
To create and maintain your account with us when you choose to create one;
To detect and prevent fraud;
To send you newsletters or alerts about products and/or new content when you create and account and opt-in to receive them
To provide you with information, products, or services that you request from us;
To help maintain the safety, security, and integrity of our Site, our databases and other technology assets, and business;
To carry out our obligations and enforce our rights arising from any purchase and/or other transactions between you and us, including for billing and collection;
To notify you about changes to our Site or our services;
For testing, and improving our Site;
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
In any other way we may describe when you choose to provide the information on this Site; and
For any other purpose with your consent.

We do not sell your information: We do not sell you personally-identifiable information to third parties. The only exception to this is an onward transfer as further described below.
Aggregated, anonymous information: We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. This information either never identified you by your personal information, or your personally identifying information has been stripped (anonymized).
How long we keep your information: We retain your information for only as long as we need it for the purposes described in this Privacy Policy, for our own administration and internal business purposes, and for any periods that are mandated by law.
Depending on where you are, you may have the right to request that we erase or “forget” you. (see our California information below).

CORRECTION OF INFORMATION; REQUESTS TO ERASE
If you are asking about information as to yourself, to correct your information, or to tell us to forget you (or “erase you”) (see information for California below), we will ask you to verify you are who you say you are before we process the request. We will also collect your contact information to respond to the request. We keep a record of these requests, who made the request, how and when we responded, and what information we provided.
Some states have special categories of information, which may be referred to as “sensitive” information or “protected health information”. We do not collect any “sensitive” information (e.g. as to your religion, health, etc.).

Choices and opting In or out: We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information
Newsletters: We may send you alerts and/or newsletters about our creators and/or brands if you opt-in to receiving them. Every newsletter and/or alert we send to you will allow you at any time to “opt out” of receiving any more newsletters and/or alerts from us.

Continued Communication After you Opt-Out: We may still send you correspondence about, for example, a purchase you made, or to verify who you are before we honor a request to “forget you”, to enforce our rights, and to alert you of any suspected or actual fraud or problem, whether with your payment, our Site or otherwise.

Accessing and correcting your information: If you think the information we have about you is incorrect, or if it needs to be updated (for example, you have moved and have a new shipping address), please go into your registered account to make these changes, but we may ask you to first verify who you are before we let you make the changes (and in some cases, we are required by law to verify your identity for certain requests, as we explain for children and California residents).
We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect.

Passwords for any users who create an account: If you register to create an account on this Site, you will be asked to create a password. To best protect yourself, use unique passwords for unique accounts (do not use the same password for your socialfair account as you do (e.g.) for your bank account or Gmail account). Do not share your password with someone else. If you think your password or account was compromised let us know by emailing us at: privacy@socialfair.com and legal@socialfair.com.

Third parties to which your information is disclosed: We may disclose personal information that we collect or that you provide as described in this privacy policy:

To our subsidiaries and affiliates;
To contractors, service providers, and other third parties we use to support our business as described in this Privacy Policy (for example, to process payments and to detect fraud)
Onward Transfers: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Site users or customers is among the assets transferred; and
Other parties with your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
To enforce or apply our Terms of Use, available here; and
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our business, our users or customers, or others.

Brands and Brand Affiliates and Employees/Legal Representatives of Creators and/or Influencers:

If you are an employee of a brand or brand affiliate, or a creator, or are the legal representative or agent of a creator, your employer has entered into an agreement with us for us to sell products of that brand, or through its affiliates, or to share creator content. If you are visiting this Site or a brand portal, please:

Only provide to us your employer-issued email address and/or employer issued phone number
Only interact with us through your employer-issued devices
Only provide to us your employer’s banking information for processing of payments that may be due from us to your employer
Do NOT provide to us your personal email address, personal phone number, or other personal information.

If you create a password to use our portal, please do not use the same password you use for (e.g.) your bank account or any other accounts.

We may create a gifting program through which Brands may send gifts to Creators. We do not receive any information about the person(s) to whom you make gifts; all of this information is received and retained by PLAID.com (or such other successor service that socialfair may engage in the future). Please visit PLAID’s website and review its privacy policy before using this feature.

We will keep your information as it relates to our transactions and communications relating to our business relationship and transactions with you and/or your employer in the ordinary course of our doing business, and as a business record, even after you may have left the employ of your employer.

Our relationship with you and your employer is a business relationship; let’s leave personal information out of that relationship.

Creators, Brands, Affiliate Networks, etc.:

If you have chosen to share content with us as part of our Service, you understand that your images and your content will be publicly available and posted on our Site and may be revised or altered to become “shoppable”. You expressly represent and warrant to us that if your content includes images of other people, including children, you have the express right and permission to provide that content to us, and have secured all consents necessary to share images and/or content of those third parties. If you enter into a separate agreement with us through the Site or otherwise with respect to your content and/or your use of the Site, the terms and conditions of such agreement shall apply as well (and in the event of a conflict between such agreement and this Privacy Policy, such agreement shall apply solely to the extent required to resolve such conflict).

Where we make payments to you pursuant to our business agreement, those payments are handled through Stripe or PLAID.com. Please visit Stripe.com or PLAID.com to review its privacy policy.

We may also receive from you your email address, phone number and/or other means to contact you; all of this information is provided by you as part of our business transaction, and will keep this information in our ordinary course of doing business as a business record.

If you create a password to use our portal, please do not use the same password you use for (e.g.) your bank account or any other accounts.

Security: For all users of our Site, regardless of where you are located, we have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our servers located in the United States behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do use reasonable measures intended to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. To the fullest extent allowed by law, any transmission of personal information is at your own risk. Except where the law mandates otherwise, we are not responsible for circumvention of any privacy settings or security measures contained on this Site.

Changes to our privacy policy: It is our policy to post any changes we make to our Privacy Policy on this page.

Contact: When contacting us, please indicate in which country you reside.

Contact information: To ask questions or comment about this privacy policy and our privacy practices, contact us at:

SocialFair, Inc. d/b/a “socialfair”
32120 Temecula Pkwy #1052
Temecula, CA 92592
Attn: Legal Department - Privacy

Email: privacy@socialfair.com

YOUR CALIFORNIA PRIVACY RIGHTS
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@socialfair.com.

Contact information
When contacting us, please indicate that you are a California resident. By contacting us based on the information herein, you represent that you are a “consumer” as defined in Section 17014 of Title 18 of the California Code of Regulations.
At this time, we are not subject to the California Consumer Privacy Act. However, whether you are a California resident, a resident of New York, or any state in between, we will endeavor to honor your requests as outlined in this Privacy Policy.

We also use personal information to:

Process your request to change your information;
Process your request to be forgotten; and
Verify who you are before we will process these requests

We do not sell your personal information.
Note, however, that when you shop at third party brand affiliate sites, we do not control how they may handle and possibly sell your information. Also, when you are redirected to the websites of brands, affiliate networks or retailers to purchase certain products directly from those sites, those sites pay us a commission on your purchases through their sites.

Deletion request rights (the right to be forgotten): We will honor your request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Note: where you have made purchases or otherwise visited websites of brands, affiliate networks or retailers, you must make any such requests through those third party sites.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation; and/or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To make your requests: Please submit a verifiable consumer request to us by either:
Emailing us at: privacy@socialfair.com

Or writing to us:

SocialFair, Inc. d/b/a “socialfair”
32120 Temecula Pkwy #1052
Temecula, CA 92592
Attn: Legal Department - Privacy

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 (anyone under the age of 18 in California).
The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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.