Privacy Notice for EU

Effective date: July 15, 2021

Introduction:

This EU Privacy Notice (“Notice”) is for people who are located in the European Economic Area (“EEA”) and supplements our Privacy Policy. OhGoody LLC (“OhGoody”, “we”, “us”, “our”) is committed to fulfilling our responsibilities under the European Union’s General Data Protection Regulation (“EU GDPR”) and the United Kingdom’s General Data Protection Regulation (“UK GDPR” and together with the EU GDPR, (“GDPR”) in relation to the collection, retention, use, and other processing of the personal data of individuals who are in the EEA. The GDPR requires us to provide certain information to you about your personal data, which we refer to in this Notice as your personal information.

This Notice describes how we collect and process your personal information when you visit and interact with OhGoody.com and the services we provide (the "Services") in our role as a data controller (i.e., when we are responsible for determining the purpose and means of the processing). This Notice does not apply to the collection and processing activities OhGoody carries out on behalf of its business customers or partners in our role as a data processor.

In the event of a conflict between any other OhGoody policy, statement, or notice and this Notice, this Notice will prevail as to individuals located in the EEA and their rights under the GDPR. 

Personal Information We Collect

Personal information collected via the Services may include:

• Contact data.  You may provide us with your contact details, such as your name, phone number, mailing address, and email address. You may provide us this information when you contact us or sign up for newsletters.
  

• Payment Information. You may provide payment information and related information such as a billing and mailing address when you engage in transactions with other users through the Services.
  

• Feedback Information.  You may also provide your personal information when you respond to surveys or provide feedback or other opinions.

• Account Information.  Certain features of the Service allow you to provide a username and password to access specific content.  Once logged in, you can adjust wish list and payment information preferences and view account information such as your order history, date of birth, and store preference.
  

• Job Application Information.  You may submit personal information through our careers portal, operated and controlled by our third-party service provider, where you may search and apply for jobs.  You may be required to register an account with our third-party service provider.  Personal information you may submit include your curriculum vitae, employment history, educational history, and other resume-related information.
  

• Authentication Data.  To verify the identity of registered users we may collect authentication information. 
  

• Device Information.  We may obtain information about devices that access our site and the Services, including the type of device, its operating system, device settings, unique device identifiers, and error data.

• Location Information.  The Services may also use GPS (global positioning systems) software, geo-filtering, and other location-aware technologies to locate you (sometimes precisely).  You may be able to toggle on or off location technologies using your Internet browser (e.g., Google Chrome).  If you disable location technologies, you may not be able to use certain features of the Services.
  

• Information About Others.  You may submit to us personal information about other individuals. For example, you may submit someone else’s mailing address when you purchase a gift for them through the Services. When you submit personal information about others, you represent that you have obtained their consent to disclose their personal information to us.
  

• Other Information You Provide.  This includes emails and other communications that you send us or otherwise contribute, such as user support inquiries regarding the Services. 

How and Why We Use Your Personal Information

We may process personal information to:

• Transact with you, respond to your comments, questions and requests, provide customer service, send you informational notices, or to contact you if we need to obtain or provide additional information;
  

• Process your account registration and identify you as a user;
  

• Verify your location so that we can deliver or restrict content accordingly; 
  

• Access and use information about your device location (such as based on IP address), or your account information;
  

• Facilitate, manage, personalize, and improve our user and partner relationships;
  

• Prevent and address fraud, breach of policies or terms, and threats or harm;
  

• Ensure the security and integrity of the personal information we process; and
  

• Comply with applicable legal requirements.
  

Our processing of such personal information is carried out pursuant to the following legal bases:

• The processing is necessary for us to provide you with the services you request, or to respond to your inquiries.
  

• We have a legal obligation to process your personal information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
  

• To protect your vital interests, or those of others.
  

• We have a legitimate interest in carrying out the processing activity.  In particular, we have a legitimate interest in the following cases:

  
  

  • To analyze and improve the safety and security of the Services. This includes implementing and enhancing security measures and protections and protecting against fraud, spam, and abuse.
  • To maintain and improve the Services.
  • To operate the Services and provide you with certain information and communications tailored to your preferences.
  • To operate the Services and provide you with certain tailored advertising and communications to develop and promote our business.
  • To anonymize personal information and subsequently use the anonymized information.

• You have consented to the processing of your personal information.  When you consent, you can change your mind at any time.  

How We May Share Your Personal Information

We may share your personal information:

• With our affiliates, partner organizations, or suppliers when it is reasonably necessary or desirable, such as to help provide products and services to you or analyze and improve the Services.
  

• With our staff, agents, vendors, consultants, and other service providers who perform functions on our behalf.  For example, we may use third parties to help us provide customer support, manage our advertisements on other platforms, and send marketing and other communications.

• To abide by applicable law or protect rights and interests.  For example, we may disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property, or interests, or prevent fraud or abuse. 
  

• In the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction), including negotiations of such transactions. We further reserve the right to sell or transfer any information we obtain or receive through the Services in connection with any joint venture, partnership, merger, or other collaboration with another organization.

How We Use Tracking Technologies

We may utilize online identification tools—such as cookies, web beacons, pixels or similar tracking technologies—in accordance with applicable law and requirements.  “Cookies” are small text files placed on your device when you visit a website; they store information which is sent back to our servers or those of third parties. For more information regarding our use of Cookies, please see our Cookie Policy.

How We Protect Your Personal Information

We maintain appropriate technical and organizational safeguards designed to help protect personal information from unauthorized disclosure or access and accidental or unlawful destruction, loss, or alteration.  Although we use reasonable efforts to safeguard personal information, we cannot guarantee the security of your information obtained through the Services.

How Long We Retain Your Personal Information

We will store your personal information for no longer than is necessary for the performance of our obligations or to achieve the purposes for which the information was collected, or as may be permitted under applicable law.  To determine the appropriate retention period, we will consider the amount, nature, and sensitivity of the information; the potential risk of harm from unauthorized use or disclosure of the information; the purposes for which we process the information and whether we can achieve those purposes through other means; and the applicable legal requirements.  Unless otherwise required by applicable law, at the end of the retention period we will remove personal information from our systems and records or take appropriate steps to properly anonymize it.

Links to Third-Party Online Services

The Services may contain links to, or features facilitated by, other websites or online services. We are not responsible for the privacy practices, advertising, products, or content of websites or online services that we do not control. Please note that other online services have their own privacy policies and we are not responsible or liable for these policies.

The Services may permit you to interact with another website or online service, such as enabling you to “like” OhGoody on another site or “share” content from the Services with other sites (a “Social Features”). If you choose to “like” or “share” content or post information using Social Feature, that information may be publicly displayed, and the other party may have access to certain information about you and your use of the Services. Similarly, if you interact with us through Social Features, we may have access to information about you (for example, if you “like” or “follow” our page on another website). Please note that if you mention or comment about OhGoody or the Services in your post to another platform, that platform may allow us to publish your post on the Services.

You may also choose to use Social Features on the Services, such as by posting a review or logging into the Services with your username and password for another website (for example, using “Facebook Connect”). Use of such a feature may allow us to collect (or the other party to share) information about you, including your personal information.

In addition, we may receive information about you if a user of another website gives us access to their profile and you are one of their “connections”, or information about you is otherwise accessible through that other user.

Personal Information Transfers

We may transfer personal information out of the EEA using approved information transfer mechanisms, such as the standard contractual clauses approved by the European Commission which impose data protection obligations on the parties to the transfer. For further information on the specific mechanism used to transfer your personal information, please contact us at legal@ohgoody.com.

Your Rights and Choices

The GDPR provides you as an individual located in the EEA, with certain rights regarding their personal information. Subject to certain conditions, you may ask us to take the following actions in relation to your personal information:

• Provide you with information about our processing of your personal information and give you access to your personal information.
  

• Update or correct inaccuracies in your personal information.
  

• Delete your personal information.
  

• Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  

• Restrict the processing of your personal information.
  

• Object to our processing of your personal information for direct marketing purposes.
  

• Object to reliance on our legitimate interests as the basis for processing of your personal information.

You may exercise some of these rights and choices through Services features such as editing your account settings when you are logged in.  Additionally, you can submit these requests by email to legal@ohgoody.com or our postal address provided below.  We may request specific information from you to help us confirm your identity prior to processing your request.  Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions.  If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us at legal@ohgoody.com or submit a complaint to the data protection regulator in your jurisdiction.  You can find information about your data protection authority here.

Changes

If we make a material change to how we process your personal information, we will modify this Notice and may notify you, as appropriate.

How to Contact Us

To make a query, raise a concern, or exercise your data protection rights, please contact us at legal@ohgoody.com.

The data controller for your personal information is OhGoody, LLC which you may contact by via email at support@ohgoody.com or at the following address:

8584 Washington St. #2058,

Chagrin Falls, OH, 44023-5369,

United States of America