Last Updated: May 11, 2022
- Who We Are
- What Information We Collect
- How We Use Your Information
- How We Share Your Information
- Your Data Protection Rights
- California Residents’ Privacy Rights
- Nevada Residents’ Privacy Rights
- Third Party Links
- How We Keep Your Personal Information Secure
- Retention of Your Personal Information
- International Users
- Children’s Information
- Contact Us
1. WHO WE ARE
Winston Brands, Inc. is a national direct mail and online retailer offering a wide range of affordably-priced, hard-to-find and exclusive products including items for home and garden, health and beauty as well as apparel and accessories.
2. WHAT INFORMATION WE COLLECT
- Information you provide to us: We collect personal information that you provide to us when you sign up for an account to access and use the Sites or Services, when you consult with customer support or send us an email or communicate with us in any way (for example, to make a support request), or make a purchase on our Sites. We collect your contact information (such as your name, address, telephone number and email address) and contact preferences; account information (such as your username and password); and if you make a purchase your payment details (card information, alternative payment method information, invoices, order information and transaction history). If you communicate directly with us, we may maintain a record of those communications and responses.
- Information You Post. Some of our Services provide access to public facing community forums (“Community Forums”) which are designed to enable you to post content. Any information or content you post becomes public information and is potentially subject to redistribution by Winston Brands and others. There is no expectation of privacy when posting content and we have no control over other users use the information you make public. Therefore, you should exercise caution and discretion when deciding to disclose your personal information in a submission for or posting on a Community Forum.
- Location Information. We collect information about your location which may include your precise location. We collect this using different types of technologies, including GPS and Wi-Fi. We also collect IP addresses and device identifiers that may provide fairly precise location information.
- Information We Collect Automatically Through Cookies and Similar Technologies: We use tracking tools like browser cookies and web beacons to automatically collect information about how you interact with our Sites and Services and other websites over time and across devices. Our vendors and partners also collect information this way. For more information on cookies and similar tracking technology, how they are used, and how you can opt out of such use please refer to our Cookie Notice.
- Information Imported from Social Networks: When you choose to interact with us through social media your interactions with social media platforms (“Social Networks”) typically allows the Social Networks to collect information such as “Likes”, profile information gathered from the Social Networks, or the fact that you viewed or interacted with our Services. Social Networks may collect information about you through digital cookies they place on your device and other tracking mechanisms even when you are not directly interacting with their applications. Please review the Social Networks’ privacy policies and choices for sharing information of any Social Network connected to our Services.
- Information We Collect From Other Sources: In order to enhance our ability to provide relevant marketing, offers and services to you, we obtain information about you from other sources, such as public databases and joint marketing partners.
3. HOW WE USE YOUR INFORMATION
We use the information we collect or receive (alone or in combination):
- to respond to your inquiries and fulfill your requests, such as to provide you access to the Services or products you have ordered, to respond to any inquiry, job application, feedback, or information and materials regarding our products and services.
- to administer surveys, sweepstakes or other promotions.
- to send administrative information to you, for example, invoices, renewal notices, information regarding our Services or Sites, and changes to our terms, conditions, and policies.
- to send you marketing communications, including via phone, postal mail, email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
- to personalize your experience on our Sites by presenting content and offers tailored to you and your interests, including by creating custom audiences on social media sites.
- for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and products and Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Service; (e) to protect our operations or those of our marketing partners; (f) to protect our rights, or the privacy, safety or property of you or others; and (g) to allow us to pursue available legal remedies or limit the damages that we may sustain.
- for other reasons that we describe to you at the time of collection.
4. HOW WE SHARE YOUR INFORMATION
We may disclose your personal information to the following categories of recipients and for the following reasons:
- Service providers. In order to provide our Services to you, it is necessary for us to disclose your information to service providers who perform certain functions of our Services on our behalf. Examples include cloud hosting providers (to provide data storage and processing services); communications providers (to process new queries and to manage our emails); and fulfillment providers (to send you products or provide access to our Services).
- Payment Processors. When you make a purchase with us, your billing information is shared or collected directly by our payment processors, Paymentech or PayPal. We are committed to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security.
- Marketing Partners. We may selectively share our postal and email mailing lists with marketing partners so they can provide you with information about product or service offerings which may be of interest to you. See Section 5 for how to opt out of our sharing of such information for these purposes.
- Our Commercial Partners. We share information we collect with commercial partners that assist us with providing our Services to you and finding relevant leads.
- Targeted Advertising. We will share your information collected about your visits over time and across our Services and multiple devices and other websites with our advertising partners in order to serve targeted advertising to you. For more information on targeted advertising and how to manage your preferences please refer to our Cookie Notice.
- Compliance with laws. We may disclose information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or other legal process (including in response to public authorities to meet national security or law enforcement requirements).
- Consent. We may share your information with any other person with your consent to the disclosure.
5. YOUR DATA PROTECTION RIGHTS
- Access to Information. You can access, correct, update, delete, and deactivate personal information you have provided to us by logging into your account, emailing us at [email protected], calling customer service at (866) 584-8010, or writing to us at Winston Brands, Inc., 2521 Busse Rd, Elk Grove Village, IL 60007.
- Opting Out of Email Marketing Communications From Us. You can opt out of receiving marketing emails from us by clicking the “unsubscribe” link or adjust your email preferences by clicking the “email preferences” link in the email, emailing us at [email protected] (with "Unsubscribe from Email" in the subject line), or writing to us at Unsubscribe from Email c/o Winston Brands, Inc., 2521 Busse Rd, Elk Grove Village, IL 60007. Please be sure to provide us with the email address you wish to opt-out.
- Opting Out of Postal Direct Mail Marketing Communications From Us. You can opt out of receiving marketing communications from us via postal mail emailing us at [email protected] (with "Unsubscribe from Mailings" in the subject line), or writing to us at Unsubscribe from Mailings, c/o Winston Brands, Inc., 2521 Busse Rd, Elk Grove Village, IL 60007. Please be sure to provide us the postal address you wish to opt out so we can identify you correctly.
- Opting Out of 3rd Party Postal Direct Mail Marketing. You can opt out of receiving paper marketing communications from 3rd parties via postal mail by emailing us at [email protected] (with “Unsubscribe from 3rd Party Mailings” in the subject line), or writing to us at Unsubscribe from 3rd Party Mailings, c/o Winston Brands, Inc., 2521 Busse Rd, Elk Grove Village, IL 60007. Please be sure to provide us the postal address you wish to opt out so we can identify you correctly.
- Opting Out of Sharing Personal Information. You can opt-out of sharing personal information with Third Party Marketing Partners by emailing us at [email protected]. United States-based individuals may opt out of certain other uses of their data through the DAA opt-out program currently available at https://www.aboutads.info/choices/. EU/EEA-based individuals may opt out of certain other uses of their data through the EDAA opt-out program, currently available at https://www.youronlinechoices.eu/. For individuals based in any other global region, you may opt-out of certain uses of your data by Oracle through the opt-out mechanisms found at https://www.oracle.com/legal/privacy/privacy-policy.html.
- Phone Marketing Messages. You can opt out of receiving marketing communications from us via phone by emailing us at [email protected] (with “Unsubscribe from Phone” in the subject line), or writing to us at Unsubscribe from Phone, c/o Winston Brands, Inc., 2521 Busse Rd, Elk Grove Village, IL 60007. Please be sure to provide us the phone numbers you wish to opt out so we can identify you correctly.
IF YOU CHOOSE TO NO LONGER RECEIVE MARKETING COMMUNICATIONS FROM US, WE MAY STILL COMMUNICATE WITH YOU REGARDING SUCH THINGS AS SECURITY UPDATES, PRODUCT FUNCTIONALITY, RESPONSES TO SERVICE REQUESTS, TRANSACTION INFORMATION, OR OTHER TRANSACTIONAL, NON-MARKETING PURPOSES.
- Turning Off Tracking Technologies. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. It is important to remember that many of our Services may not function properly if your cookies are disabled. Please refer to our Cookie Notice for more information or you may update or review your cookies by clicking the Manage Cookies button.
- Browser “Do Not Track” Signals. Some third-party browsers provide “do not track” machine readable signals for websites, which are automatically applied by default. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our Sites or Services may not work. If you block or reject cookies, not all of the tracking described here will stop.
- Interest Based Ads. Please refer to our Cookie Notice for opt out information.
- Control Tools on Your Mobile Devices. There may be controls on your mobile devices such as the ability to turn off GPS locator and other privacy settings.
- Consent. If we have collected and processed your personal information with your consent, then depending on the jurisdiction where you reside and applicable law you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
6. CALIFORNIA RESIDENTS’ PRIVACY RIGHTS
Under the California “Shine The Light” law, California residents may opt-out of Winston Brands disclosure of personal information to third parties for their direct marketing purposes. Any California resident may choose to opt-out of the sharing of such personal information with third parties for marketing purposes at any time by directing such request to [email protected].
The California Consumer Privacy Act (“CCPA”) provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as the right to know or access, to delete, and to limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
Right to Information Regarding the Categories of Personal Information Collected, Sold, and Disclosed. Please see our Notice of California Consumer Data Collection and Sharing Practices.
Right to Access Information. You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request.
Right to Request Deletion of Information. You have the right to request in certain circumstances that we delete any Personal Information that we have collected from you. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Right to Opt Out of the Sale of Personal Information to Third Parties. You have the right to opt out of the sale of your personal information to third parties. To exercise this right, please visit our “Do Not Sell My Personal Information” webpage. Please note that your right to opt out does not apply to our sharing of personal information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the personal information only for that function.
How to Submit a Request. You may submit a request to exercise your rights by filling out a Consumer Data Request Form available here at https://privacyportal-cdn.onetrust.com/dsarwebform/0551a97e-05d1-4212-b6c4-9b55fab138b4/1e31668f-1aad-421c-82c9-5f53dd50cef9.html or by calling us at (866) 584-8010.
7. NEVADA RESIDENTS’ PRIVACY RIGHTS
A Notice to Nevada Residents: Under Nevada law, if you are a resident of Nevada, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes. You are entitled to register your preference for limits on such sales in the future by sending an email to [email protected], with the subject line, “Nevada Do Not Sell Request” along with your first and last name, email address, postal address and zip code so that we can match your information to your account.
8. THIRD-PARTY LINKS
9. HOW WE KEEP YOUR PERSONAL INFORMATION SECURE
We have implemented appropriate physical, technical and administrative safeguards against unauthorized access, use, modification and disclosure of personal information in our custody and control. However, no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so you should take care in deciding what information you send us in this way.
10. RETENTION OF YOUR PERSONAL INFORMATION
We retain your personal information to comply with applicable legal, tax or accounting requirements, to maintain records of fraud, to enforce our agreements, or comply with our legal obligations, or in accordance with our standard business practices.
11. INTERNATIONAL USERS
The Sites and Services are provided and hosted in the United States. If you are using the Sites or Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by other entities with whom we share your personal information, in the United States and other locations. These countries may have data protection laws that are different to the laws of your country. By using the Sites or Services, you consent to the collection, international transfer, storage, and processing of your personal information where permitted by law.
12. CHILDREN'S INFORMATION
The Sites and Services are intended for a general audience and are not directed or intended for anyone under 18 years of age. You must be 18 years of age to use the Sites or Services. We do not knowingly collect personal information from children under the age of 18. If we obtain actual knowledge that any information we collect has been provided by an individual under the age of 18, we will promptly delete that information.
14. CONTACT US
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.