We collect information to deliver the products and services you request and to help improve your shopping experience and to help improve our ability and our business partners’ ability to provide services to you. We collect information from you in a variety of ways when you interact with our websites, and mobile services.
We may collect the following categories of personal information. Not all categories may be collected about every individual or in every instance in which an individual uses the Sites:
We collect information from you in a variety of ways. It may be:
Our goal is to limit the information we collect to the information that we determine is needed to support our business.
Information Provided Directly by You or a Member of Your Household: 40 Boxes collects personal information about you when you interact with our Sites, including when you create an account, join our mailing or text list, make a purchase, or engage in a call, email exchange or online chat with our customer service representatives. The information we may collect includes the categories listed above as well as any other information that you choose to share with us.
Information Collected from a Device Associated with You or Your Household: We Automatically Collect: We may automatically collect personal information from devices that you use to interact with our Sites, as well as from your interaction with emails that we send to you. The personal information we automatically collect may include your IP address, browser type, device type, the webpage you visited before coming to our Site, pages you visited on our Sites, time spent on those pages, information you searched for on the Sites, when and for how long you visited the Sites, and similar information, which we collect through cookies, beacons, and other technologies. The information we automatically collect will be associated with any personal information that you have provided to us.
40 Boxes may use the personal information it collects about you for a number of purposes, including without limitation:
If you decide at any time that you no longer wish to receive marketing and promotional materials from us, please follow the unsubscribe instructions provided in any of the communications you receive from us. You may also contact us at firstname.lastname@example.org to make your request to unsubscribe from further marketing emails from the respective sites.
40 Boxes may share your personal information with other third parties, including law enforcement authorities, where we determine that doing so is appropriate to:
Finally, 40 Boxes may provide your personal information to third parties for these third parties' direct marketing of their products and other business purposes. You may opt out of our continuing to share your information for these purposes by contacting us at email@example.com.
Aggregated, Non-Identifying Information: 40 Boxes may share aggregated or other information that is not individually identifiable (and is not personal information) with third parties including in connection with industry analysis, demographic analysis, targeted ad delivery or other purposes. This may include Disney, ABC or other promotional partners whether or not you have elected to Opt in to provide personal information to such entities for marketing purposes.
We may share your personal information with certain categories of third parties, including as described below.
Types of Third Parties to Which the Personal Information Was Disclosed for a Business Purpose
Categories of Personal Information Disclosed for a Business Purpose
Those we are legally required to share with
Service providers that receive data in order to provide services to us (e.g. technology providers, cloud storage providers, etc.)
Our suppliers or marketplace vendors
We also may use "pixel tags," "web beacons," and other technologies on our Sites to collect usage, demographic, and geographic location data, which allow us to count users who have visited certain pages of the Sites, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns.
Some internet browsers (e.g. Internet Explorer, Safari, Chrome) offer their own opt outs for interest-based advertising. The ad networks and ad service providers we participate with may not recognize these opt outs. Information about how to opt out of certain online interest-based advertising is discussed in the next section of this policy.
We may share aggregated or pseudonymous information (pseudonymous information includes things like: device identifier, type of device, IP addresses, cookies and other information associated with your browsing and app usage) with other companies, such as promotional partners, publishers, advertisers, measurement analytics providers, and others. We do not share information that directly identifies you (information such as name or email address) with these companies.
You can request that we review, modify, and delete your personal account information by contacting us. If you request that we delete your personal information, your account may become deactivated. If you would like us to modify or delete your account information, please contact us at firstname.lastname@example.org with a request that we delete your personal information. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
40 Boxes has implemented an information security program that includes administrative, technical and physical controls designed reasonably to safeguard your personal information.
We reserve the right to disclose, sell, or transfer all information related to the Sites, including personal information:
Our Sites are general audience sites not directed at children under the age of 18. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 18, we will promptly delete that information. Children under the age of 18 are not permitted to use the Sites.
California Consumer Privacy Act (“CCPA”):
If you are a California resident, you can make certain requests regarding your personal information. We will fulfill each of these requests to the extent required by law.
More information on each of these requests is below.
Categories of Third Parties to whom the Personal Information may be Sold
Categories of Personal Information Sold
Advertising companies (like ad servers, advertising agencies, technology vendors, providers of sponsored content, and others)
We will not discriminate against you for exercising your rights. This generally means we will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Please know, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require usage of your personal information to function.
To exercise the California privacy rights for requesting or deleting your personal information, please click “Request for Personal Information” at the bottom of this page.
Verifying Your Identity for Requests to Access or Delete Personal Information
We take the privacy of your personal information seriously and want to ensure that we provide only you or your authorized agent with your personal information. The CCPA also requires that we verify the identity of each person who makes a request to know what personal information we have about you or to delete the personal information we have about you.
What personal information do I provide to verify my identity?
To verify your identity, we ask you to provide your:
How do you verify my identity?
We may verify your identity in a few different ways. We may work with a third party identification service to help us verify your identity and prevent fraudulent requests. When you make your request, you will be asked to answer a few questions about yourself to help us validate your identity. If you have an online account, we may ask you to log into your account and complete a one-time passcode validation.
In some instances, we may ask you to provide other documentation to verify your identity. If this happens, we will reach out to you directly with this request.
What if you can’t verify my identity?
If we can’t verify your identity, we will not be able to process your request to know what personal information we have about you or to delete the personal information we have about you. If we are unable to verify your identity with a high degree of certainty, we will only be able to provide a report with category-level information and we may not be able to delete some of your information.
How to Submit a Request Using an Authorized Agent
An authorized agent is a person or business who has authorization to request to know what personal information we have about you, to delete the personal information we have about you, or to opt out of the sale of personal information on behalf of a California resident. Authorized agents use the same links described above to submit requests.
If you are submitting a request on behalf of another person, we require a valid power of attorney and a signed attestation form. If you do not have a valid power of attorney, we require an authorization document and a copy of the consumer’s government-issued photo identification in addition to our attestation form. Our attestation form can be downloaded from the request form.
How do I send you my documentation?
If you submit a request on our website, you will be asked to upload this documentation when you submit your request. If you submit your request over the phone, you will be asked to email your forms to email@example.com. Please note, you will have 10 business days to provide all required documentation.
If you are a California resident, California law permits you to request information regarding the disclosure of your personal information by 40 Boxes to third parties for the third parties' direct marketing purposes within the immediately preceding calendar year. 40 Boxes will provide you with a list of the categories of personal information disclosed and a list of the names and addresses of the third parties. To make such a request, please write us at: firstname.lastname@example.org.
In the European Union (“EU”), the processing of personal identifiable data is governed by the General Data Protection Regulation 2016/679 (“GDPR”). Under the GDPR, personal identifiable data (“PII”) is defined as: “Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.” We comply with obligations under GDPR by keeping PII up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data or data; by protecting PII from loss, misuse, unauthorized access and disclosure and by ensuring that appropriate technical measures are in place to protect PII. The legal bases for 40 Boxes processing activities include processing such information as necessary to comply with our contractual obligations, compliance with our legal obligations, protecting the safety of our employees, users and others, for our legitimate business interests, and pursuant to your consent. In addition, without limitation of the foregoing, 40 Boxes does not acknowledge the general applicability of the GDPR to its operations because it is not the intention of 40 Boxes to offer goods and services in the EU, to market or sell to persons within the EU, to ship to addresses within the EU or to collect information concerning users known by 40 Boxes to be within the EU.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only available methods of opting out, and that such methods are reasonable. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you stop or intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. We will provide messages at a frequency determined by us, and if you believe those messages to be provided too frequently, your sole remedy is to complete the User Opt Out process.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements: To participate in the Program, you must have a wireless device of your own, capable of two-way messaging, satisfy the age restrictions described in this Agreement, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Ineligible participants are prohibited from using the Program.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program (including Stodge, LLC d/b/a Postscript), arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined in accordance with the dispute resolutions contained within Terms of Services applicable to the 40boxes.com website.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
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