Effective Date: September 28, 2020
Thanks for visiting Santa’s Club! Santa’s Club (“Santa’s Club”, “we”, “us” or “our”) respects your privacy. When it comes to your personal information, we believe in transparency, not surprises. That’s why we’ve set out here what personal information we collect, what we do with it and your choices and rights.
If you are in California, the “California Residents” section below provides additional information in accordance with the CCPA.
We collect various personal information regarding you or your device. This includes the following:
We obtain personal information from various sources. We do this in three main ways:
We’ve described this in more detail below.
When you use our Services, we collect information from you in a number of ways. For instance, we ask you to provide your name and email address to register and manage your User Profile. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions.
Sometimes we require you to provide us with information for contractual or legal reasons. For example, we may ask you to select your jurisdiction when you sign up for Paid Services to determine if, and how much, tax we need to collect from you. We’ll normally let you know when information is required, and the consequences of failing to provide it. If you do not provide personal information when requested, you may not be able to use our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
When you use our Services, we collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices. If you’ve given us permission through your device settings, we may collect your location information in our mobile apps.
If you use a Third Party Service (such as Google) to register for a User Profile, the Third Party Service may provide us with your Third Party Service User Profile information on your behalf, such as your name and email address (we don’t collect or store passwords you use to access Third Party Services). Your privacy settings on the Third Party Service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the Third Party Service.
We use the personal information we obtain about you for the following purposes:
We process your personal information for the above purposes when:
We share personal information in the following ways:
Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information.
You can access, update, change or delete personal information either directly in your User Profile or by contacting us at firstname.lastname@example.org to request the required changes. You can exercise your other rights (including deleting your User Profile) by contacting us via your User Profile or at the same email address. Please note that we may need to verify your identity in connection with your requests, and such verification process may, if you do not have access to your User Profile, require you to provide us with additional information (e.g., government identification). Even if you have access to your User Profile, we may request additional information if we believe it’s necessary to verify your identity. If we are unable to verify your identity or request, we may not, in accordance with applicable law, be able to fulfill your request.
You can also elect not to receive marketing communications by changing your preferences in your User Profile or by following the unsubscribe instructions in such communications.
Please note that, for technical reasons, there is likely to be a delay in deleting your personal information from our systems when you ask us to delete it. We also will retain personal information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.
You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law.
Additionally, if we rely on consent for the processing of your personal information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
While no service is completely secure, we have a security team dedicated to keeping personal information safe. We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing, of the personal information in our possession. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities.
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria. For example, the period we keep your email address is connected to how long your User Profile is active, while the period for which we keep a support message is based on how long has passed since the last submission in the thread.
We don’t immediately delete your personal information when you cancel all Paid Services. Instead, we keep your personal information for a reasonable period of time, so it will be there for you if you come back.
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized or de-personalized information which we may retain indefinitely.
Personal information that you submit through the Services may be transferred to countries other than where you live, such as, for example, to our servers outside of the U.S. We also store personal information locally on the devices you use to access the Services.
Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information.
This Section 11 is only applicable to you if you are a resident of the state of California in the US (“California Residents”) and only applies to personal information for which Santa’s Club is a “Service Provider” (as defined in the CCPA), but does not apply to personal information we collect from you in the course of our provision of services to you where you are an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency. It applies to personal information we collect from California Residents on or through our Services and through other means (such as information collected offline or in person). With respect to personal information for which you are a “Business” and Santa’s Club is a “Service Provider,” please see Section 3.6 of our Terms of Service.
We collect personal information directly from you (either directly or through a Third Party Service), automatically through your use of the services, and from third parties such as business partners, service providers, and payment processors.
We collect personal information for the following business purposes: (i) providing the Services (including without limitation maintaining your User Profile, processing and fulfilling orders, and administering surveys and contests); (ii) providing customer support for the Services; (iii) operating the Services (including without limitation managing third party relationships and enabling usage of our service providers); (iv) communicating with you; (v) customizing the Services; (vi) securing and protecting the Services (including without limitation auditing the Services, bug and fraud detection, debugging and repair of errors and the detection, protection and prosecution of security incidents or illegal activity); (vii) enforcing our terms and policies; (viii) complying with law; (ix) verifying your identity; and (x) other business purposes about which we may notify you from time to time.
We collect personal information for uses that advance our commercial or economic interests such as: (i) promoting surveys and contests; (ii) promoting and advertising the Services; (iii) customizing the Services; (iv) improving our Services; (v) communicating with you about relevant offers from third parties; and (vi) other commercial purposes about which we may notify you from time to time.
Subject to certain exceptions and restrictions, the CCPA provides California Residents the right to submit requests to a business which has collected their personal information: (i) to provide them with access to the specific pieces and categories of personal information collected by the business about such California Resident, the categories of sources for such information, the business or commercial purposes for collecting such information, and the categories of third parties with which such information was shared; and (ii) to delete such personal information (each, a “California Request”). We need certain types of information so that we can provide our Services to you. If you ask us to delete some or all of your information, you may no longer be able to access or use the Services.
If you are a California Resident, please follow the instructions in the “Your rights and choices” section above to submit California Requests and please make sure you note that you are a California Resident when you do so. California Residents may designate an authorized agent to make California Requests on their behalf. In order to designate an authorized agent to make a California Request on your behalf, you or your agent must provide proof that the agent has been authorized by you to act on your behalf, such as written authorization signed by you authorizing that agent to act on your behalf. We reserve the right to request additional information from you and/or individuals purporting to be authorized agents, such as when we suspect fraud.
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites.
Depending on how you use the Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CCPA): identification and demographics; device information and identifiers, such as IP address and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; and inference data.
If you would like to opt out of Santa’s Club’s use of your information for such purposes (to the extent this is considered a sale), you may do so within the Services.
You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Santa’s Club does not discriminate against California Residents for exercising their rights.
When we say “Santa’s Club” (or “we”, “us” or “our”), we mean Santa’s Club LLC.
If your place of residence or principal place of business changes, the Santa’s Club LLC entity that controls your personal information will be determined by your new residence or principal place of business from the date it changes.