Last Updated: February 26, 2022
- when you visit or otherwise use or websites (the “Website”),
- when you visit or otherwise use our mobile application (the "App"),
- when you interact with us through email, text and/or other electronic messages,
BY USING THE SITE, YOU AGREE THAT YOU HAVE REVIEWED THIS POLICY IN ITS ENTIRETY AND YOU CONSENT TO OUR HANDLING OF YOUR PERSONAL INFORMATION AS STATED BELOW AND IN ACCORDANCE WITH OUR TERMS OF SERVICE, INCLUDING ITS APPLICABLE LIMITATIONS ON DAMAGES AND THE RESOLUTION OF DISPUTES. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED IN THIS POLICY, PLEASE DO NOT USE OUR WEBSITE, APP OR SERVICES.
- How We Protect Your Information
- Information We Collect
- How We Use The Information Collected
- Technologies Used to Collect Information
- How We Share the Information We Collect
- Information for Minors Under the Age of 13
- International Visitors
- Your Choices Regarding Your Information
- Sharing of Information with Third Parties
- Your California Privacy Rights
- How to Contact Us
We may collect personal information about you in a variety of ways, including directly from you as well as automatically through your use of Our Site or Services.
1. How We Protect Your Information
It is entirely your choice whether or not you provide Personal Information to us. We have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, use, modification and disclosure and maintain data security, and correctly use the Personal Information collected through the Site. We take, or obligate applicable third parties to take, reasonable precautions to protect our users' Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, no transmission of data over the Internet or any wireless network or stored and utilized for business purposes can be guaranteed to be 100% secure, and no security measures are perfect or impenetrable. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information we received, store or other utilize. Therefore, we advise you that if you provide us with your information you do so at your own risk.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at firstname.lastname@example.org.
2. Information We Collect
- Information Collected Directly From You. We may collect the following “Personal Information” directly from you:
- If you create an account with us (which may be required to access certain features of Our Site and Services), we may collect your first and last name, email address, preferred password, and information for security questions;
- In connection with your account and, if provided by you, we may collect your date of birth, mailing address, and answers to survey questions regarding goods and services that may be of interest to you;
- If you take one of our surveys, participate in our questionnaires, or otherwise interact with Our Website, we may ask you to provide information about yourself including your sexual health and lifestyle. This information may include your age, sex and race, as well as medications you take, health conditions you might have, information about sexual partners, whether you use contraception, and other information. This information should not be provided if you do not want us to have this information.
- If you purchase a product or service via Our Site, we may collect your first and last name, email address, mailing address, and billing information;
- If you contact us with a question related to our products or services, we may collect your first and last name, email address or phone number, and product or service details;
- Personal Information (excluding medical data, which will not be shared) will only be shared with your permission.
- Information We Collect Automatically. We may automatically collect the following information (including some personal information) about your use of our Site or Services.
- Device and Usage Information: We collect information about how you access Our Site or Services, including data about the device and network you use, such as your domain name, device ID, browser type and operating system, Internet Protocol (IP) address, the referring Uniform Resource Locator (URL), and the webpage that led you to Our Site. We also collect information about your “Usage Data," which includes data relating to usage of your device(s), such as the actions you take within and outside of the App, the browser and/or device you use, the date and time of your use of the Website or App, particular preferences you have chosen, and the apps you used before and after using our App, location data, and other communication data and the resources that you use to access and use our App.
- Transactional Information: When you make a purchase or return, we collect information about the transaction, such as the product details, purchase price, and data and location of the transaction.
- Information from Other Sources. We may also obtain information and data containing Personal Information from other sources. Such other sources may include information collected from advertising networks, social networks, data analytic providers and other third-party sources.
3. How We Use the Information Collected
We may use your information for the following purposes:
- For customer service purposes. For example, to provide our Services to you, communicate with you about your use of our Services, respond to any inquiries you may have, fulfill your orders including payment processing, and for other customer service purposes.
- To personalize your experience while using Our Site and Services. We strive to tailor the content and information that we may send or display to you, to offer location customization, and personalize help and instructions.
- For marketing and promotional purposes. For example, we may use your Personal Information, such as your email address, to send you newsletters, marketing emails, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the Personal Information that we collect to assist us in advertising our Services on third-party websites.
- To improve our Site and Services. By collecting information on an aggregated and individualized basis, we are better positioned to understand how users access and use Our Site and Services, which allows us to improve Our Site and Services, respond to user desires and preferences, and for other research and analytical purposes.
- To protect FirmTech and others. It may be necessary for us to investigate, prevent, or take action regarding illegal activities, suspected fraud, or potential threats to the rights and property of FirmTech, the safety of any person, or as necessary to comply with law.
- For legal purposes. It may be necessary for us to enforce our legal rights such as the Terms of Service, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
- For technical maintenance. From time to time, we may need to debug, identify, and repair errors in Our Site and Services.
4. Technologies Used to Collect Information
You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also use commonly available tools to remove cookies which may have been placed onto your computer or mobile device. However, please be aware that some of our advertisements require cookies to operate correctly and if you turn off cookies or refuse them, they may not function properly. We will not use shared local objects (commonly referred to as "Flash cookies") in a manner inconsistent with the purposes for which they were designed unless you are specifically notified that we intend to use them for a specific service. Flash cookies are cookies that are placed on your computer or mobile device that are not removed through normal browser management tools.
- Server Logs and Widgets. A "server log" is a record of activity created by a computer that delivers certain content to your browser or mobile device. Certain activities that you perform on our Site may record information in server logs. The server log may record the content you requested, or the links you clicked on our Sites or App. The server log may also record information such as your IP address and the cookies set on your device.
A "widget" is generally an application that can be embedded in a webpage or mobile application. Widgets can provide real-time information to the webpage or app. Widgets are often provided by third-parties and we may provide widgets on our Website. Widgets may enable the third-parties that provide them to collect data about users using the Site.
- Notifications. We may communicate with you via push notification, email, SMS, MMS or other text message ("Message") (to the extent you permit us to do so), and we may collect information regarding such communications, such as confirmation when you open an email, read a Message or receive a push notification. We use this information to improve our services, including without limitation our customer support.
- Geolocation Technology. We may collect information about your location. By using Our Site, you consent to our collection of information regarding your location.
You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/ optout_nonppii.asp (NAI) and www.aboutads.info/ choices (DAA).
Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on Our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.
5. How We Share or Disclose the Information We Collect
We may share your Personal Information as follows:
- Service Providers. We may disclose any information we collect from you to third-party vendors, contractors or agents, that perform functions on our behalf for specific business purposes, such as order processing and fulfillment, customer service, research, administration of promotions, sending and tailoring communications, and performing data analytics.
- Business Transactions. If we are acquired by or merge with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
- When you Send-To-A-Friend. You may also have us send certain content to other individuals using the Site. To send information to others, we request both your email address and theirs. We may retain the information you provide in connection with this feature.
- To Comply with the Law and Our Legal Obligations. We also may disclose the information we collect from you to comply with the law, a legal proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
- To Protect FirmTech and Others. To the extent necessary to detect, block, report and mitigate cyber-threats, improve our network and information security, and in order to prevent or detect fraud. Network and information security means the ability of a network or of an information system to resist events, attacks or unlawful or malicious actions that could compromise the availability, authenticity, integrity and confidentiality of stored or transmitted data, or the security of the related services offered by, or accessible via those networks and systems. We may use your information to cooperate with police and other governmental authorities, or to protect the rights, property or safety of our Site users or the public.
- Aggregate, Anonymized, and De-Identified Information. We may share aggregate, anonymized, or de-identified information about users that cannot reasonably be used to identify you.
- Consent. We may also disclose your information with your permission.
We do not authorize third parties to use your data for purposes other than for which it has been provided, and do not authorize third parties to disclose that information to unauthorized parties or use that information for their own direct marketing purposes.
6. Information Related to Minors Under the Age of 13
We recognize the importance of children's safety and privacy. The Website and App are not designed to attract children, and are not directed at, or intended for use by, children under the age of 13. In accordance with the Children's Online Privacy Protection Act ("COPPA"), we do not request or collect any personally identifiable information ("PII") from anyone who we know to be under the age of 13. If you are under the age of 13, you should not register with, or provide information to us. If you are a parent of legal guardian or a child under the 13 years of age and you believe your child has provided us with Personal Information, please contact us at email@example.com.
If we become aware that a user of our Site is under the age of 13 and has provided other PII without prior verifiable parental consent, we will take all commercially reasonable steps to delete such information from our files and not to use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). We ask all parents and legal guardians to assist us in our efforts to comply with COPPA by prohibiting children under the age of 13 from providing us with any of their PII or using the Site without parental oversight and assistance. If you have knowledge or become aware that a child under the age of 13 has submitted PII to us, please contact us and we will remove that child's PII from our files. If you are under the age of 18, you should use the Site only with the involvement of a parent or legal guardian and should not submit any PII to us.
7. International Visitors
We are a global company. As such, your Personal Information may be stored in a country other than the United States in servers or in locations where we have a global office or where a global service provider is situated, whose data privacy and security rules will be different from those found in the United States.
8. Your Choices Regarding Your Information
- Marketing Communications.You can unsubscribe from marketing emails from us via the link provided in those emails. Even if you opt-out of receiving promotional messages from us, you may continue to receive emails from us for other certain circumstances, such as for administrative purposes. Please note that it may take up to 10 business days for us to process opt-out requests.
- Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests because a uniform technological standard has not yet been developed. We may honor “do not track” signals in the future. You may, however, disable certain tracking by disabling cookies or opting-out of targeted advertising as noted below.
If you choose not to provide us with information we collect, some features of Our Services may not work as intended.
9. Sharing of Information with Third Parties.
- Email Marketing Services Providers. Business entities that provide email address management and communication contact services;
- Information Technology Service Providers. Network equipment, artificial intelligence platforms, application management providers and hosting entities;
- Credit Processing Companies and Related Financial Institutions. Credit and debit card payment gateways and processors; the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts;
- Shipping Providers. We may share your information with certain providers in order to have our prizes delivered to you
- Other Service Providers. Other service providers which may be involved in the other types of services and activities necessary for our business.
We may share your personally identifiable information and non-personally identifiable information with other users of our Site, including: user profile information that includes your first name, first initial of your last name, username and other information you may enter or submit at sign up and/or any content you may submit as part of a contest or sweepstakes. We will not directly reveal the participant's email addresses or phone numbers to other users.
We may also share personally identifiable information and non-personally identifiable information with selected third parties for the following reasons:
- Legal and Investigator Service Providers. We may share your information with judicial, administrative, legal, financial and/or accounting providers, and related government entities and adverse parties. Some instances where this may occur include: if we are required to respond to civil and/or criminal investigations, claims and/or lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, and as we believe is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
- Corporate Transactions. In the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organization, we may need to transfer some or all of your information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or re-organization. We may also need to transfer your information to that re-organized entity or third party after the sale or reorganization for them to use for the same purposes as set out in this policy.
- Social media platforms. We maintain presences on social media platforms, including Snapchat, Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
By your own actions, you may also be able to share personally identifiable information and non-personally identifiable information with third parties through our Site, such as when you:
- Post Information. You may be able to post information and materials publicly. If you post any information on the Site, it will be deemed “User Content” and available to the general public. Please do not post any personally identifiable information. If you do post personally identifiable information, you do so at your own risk, and consent to it being used as User Content, in accordance with our Terms of Service.
- Use Social Media and Social Media Widgets. Certain widgets embedded in our Site may enable you to post information and materials publicly on social media pages. If you post any information on social media, it will be deemed public information and available to the general public. If you do post personally identifiable information, you do so at your own risk, and consent to it being used as User Content, in accordance with our Terms of Service. Your interactions with those widgets and platforms are also governed by the privacy policies of the companies that provide them.
10. Your California Privacy Rights.
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that consumer's Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that either do not disclose Personal Information to third parties for direct marketing purposes without prior approval or gives a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes (for more detail on our policy, please see the Section above entitled "Sharing of Information with Third Parties"). California users may request further information about their rights under this law and our policy by writing to us firstname.lastname@example.org, using the subject line "CA Request for Information," and requesting further information. We may need to request additional information from you to verify your identity and determine you have the necessary rights to access the information.
If you are a California resident under the age of 18, and a registered user of our Website or App, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to email@example.com and include "CA Removal Request" in the subject line. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
If you would like to exercise your rights under California law, please send your written request to firstname.lastname@example.org. Please include your postal address in your request.
12. How to Contact Us
FirmTech strongly believes that everyone deserves sexual wellness. And that means providing as many people as possible, including those with disabilities, with access to our products and educational content. In keeping with this belief, we are working to make our site more user-friendly for visitors who require assistive technology.
As we learn more about accessibility and develop new assistive technologies, we are continuing to improve our site. If you run into any accessibility problems, please contact our customer service team for help.