Privacy Policy

This site is operated by My Obvi, Inc. and its affiliates, subsidiaries, and parent companies (hereafter collectively referred to as “we,” “us,” and “our”). The term “you” refers to the users of this site. 

 

This Privacy Policy (this “Privacy Policy”) is designed to advise you about how your Personal Information (defined below) is collected, used, and shared when you visit or make a purchase from any of our websites and online services, including without limitation, https://myobvi.com and our Facebook, Instagram, Twitter and other social media or interactive pages that link to this Privacy Policy (collectively, the “Site”) and explains the types of information we may collect. By visiting the Site, ordering our products or using our services, you are accepting and agree to the terms of this Privacy Policy, as modified from time to time by us in our sole discretion.  Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check back from time to time so you are aware of any changes or updates to this Privacy Policy.

 

1. What Information is Collected:

 

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, internet protocol (IP) address, time zone, and some of the cookies that are installed on your device, and as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site (collectively, “Device Information”). We may also collect personally-identifiable information from and about you which may be considered “Personal Information” as defined under the applicable laws which identifies you or your device or is reasonably associated with you. We may also collect data including, but not limited to, government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sex life and/or sexual orientation (collectively, “Sensitive Personal Information”). Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain other personally identifying data and information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number (collectively, “Order Information”). When used in this Privacy Policy, “Personal Information” shall refer collectively to Device Information, Sensitive Personal Information and/or Order Information.

 

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties (collectively, “User Contributions”), for example, when you post a review about our products. Please be aware that your User Contributions are available to the general public and therefore are posted on the Site and transmitted to others at your own risk, as we cannot control the actions of other users of the Site who will have access to your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed and/or used by unauthorized persons.

 

We collect certain aggregated information from our users when they visit the Site.  Aggregated information does not relate to a single, identifiable visitor. It tells us how many users visited the Site or the pages accessed.

 

We also collect certain non-personal information when you visit the Site. Non-personal information is about you but individually does not identify you personally, such as information that relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, your household or device.  Without limiting the generally of the foregoing, non-personal information we collect includes information about your internet connection, the equipment you use to access the Site, usage details, browser used, length on the Site, and your IP address.

 

2. How Information is Collected: 

 

When using the Site, we may collect your Personal Information through the use of cookies, log files, web beacons, tags, pixels or other technology. 

 

1. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. We may use cookies to retarget via Facebook, Instagram, Twitter and other social media or interactive pages. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

 

1. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

 

1. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

 

3. How Your Personal Information Is Used:

 

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). 

 

Additionally, we may use any of the information we collect from you, including Order Information, for the following purposes:

 

• For the purposes for which you provided it;  

 

• To communicate with you;

 

• To process and respond to your inquiries;

 

• When in line with the preferences you have shared with us, to send you alerts or other communications via SMS messages, emails or other media or networks;

 

• For internal research and reporting;

 

• Screen our orders for potential risk or fraud; and

 

• When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

 

We may offer you the ability to receive newsletters or marketing periodically by email about our products and services, and the products and services of our affiliates. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you. 

 

4. Text Marketing:

 

By entering your phone number in the checkout and initializing a purchase of our products or services, you agree that we may send you text notifications (for your order, including, without limitation, abandoned cart reminders) and text marketing offers (collectively, “Text Marketing”). We will not exceed two (2) Text Marketing messages per month. You can unsubscribe from further Text Marketing by replying STOP. Message and data rates may apply.

 

We will only use information you provide through the Site to transmit the Text Marketing and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of Text Marketing.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SITE TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. 

 

5. Sharing Your Personal Information:

 

We share your Personal Information with third parties to help us use your Personal Information, as described above. Additionally, we use Shopify to power our online store—you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

We also use Google Analytics to help us understand how our customers use the Site – you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.%20.

 

We may share your Personal Information with vendors, sponsors, and business partners engaged by us in order to provide you with goods or services you have requested. We (or such service providers on our behalf) may then send communications and marketing to the contact information provided. You may opt out of receiving this advertising by visiting https://app.retention.com/optout. This information can also be found here: https://retention.com/support/update-privacy-policy/".

In addition, please be advised that we may share your Personal Information (including, but not limited to, Sensitive Personal Information) with our affiliates or subsidiaries, and/or with their respective parent companies for purposes as described above in Section 3 of this Privacy Policy.

However, our third-party service providers may have their own privacy policies applicable to the information we are required to provide to them for your purchase-related transactions.  For more information about how our service providers use and collection information, please see: 

• Shopify’s Terms of Service (https://www.shopify.com/legal/terms)
• Twitter’s Terms of Service (https://twitter.com/en/tos)
• Facebook’s Terms of Service (https://www.facebook.com/terms.php) 
• Instagram’s Terms of Service (https://help.instagram.com/1215086795543252)
• TikTok’s Terms of Service (https://www.tiktok.com/legal/page/us/terms-of-service/en) 

Note that in addition to using the information collected through the Site to provide the services we request, third-party service providers operating certain content or applications on the Site may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site, which may be associated with your personal information, or to collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.  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.  

Also note that certain third-party service providers may be located in or have facilities that are located in different jurisdictions. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  

Please also keep in mind that you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Service, even if you accessed the third-party website through a link on the Site.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

6. Behavioral Advertising:

 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Additionally, you can opt out of some of these services by visiting the following websites: 

 

Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/

Facebook at: https://www.facebook.com/settings/?tab=ads

Google at: https://www.google.com/settings/ads/anonymous

 

7. Our “Do Not Track” Policy:

 

Although we respect and value your privacy, please note that we do not alter the Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 

8. Your Rights for Residents Outside of the United States:

 

If you are a European Economic Area (“EEA”), United Kingdom or Switzerland resident, your privacy rights are not governed by this Privacy Policy, but instead are governed by the following policies:

 

1. Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of the Site.  We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; (3) as necessary to comply with a legal obligation to which we are subject; and (4) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy. 

 

1. Right to lodge a complaint: Users that reside in the EEA, United Kingdom or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here link: https://edpb.europa.eu/about-edpb/board/members_en.

 

1. Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third-party country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.

 

1. Individual Rights: If you are a resident of the EEA, United Kingdom or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.

 

1. The right to request access to your data. You have the right to access, update, or delete the data we collect from you. Whenever made possible, you can access, update, or request deletion of your data by contacting us in accordance with the Contact Us section of this Privacy Policy. This right also enables you to receive a copy of your data.

 

1. The right to request data correction. You have the right to have any incomplete or inaccurate information we collect from you corrected by us.

 

1. The right to request data erasure. You have the right to have your data erased from the Site if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing. 

 

1. The right to request data transfer. We will provide to you, or to a third-party you select, the data we collect from you in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

1. The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.

 

1. The right to withdraw your consent. You have the right to withdraw your consent to us using your data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Sites.

 

Additionally, if you are a visitor to the Site or other online products and services from outside the United States, please note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests described above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. By providing your information, you expressly consent to any transfer and processing in accordance with this Privacy Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.  

 

9. Your Rights Under California Law:

 

1. If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information, including under the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”). If you are a California resident, you have the following specific privacy rights:

 

1. the right to request a report showing the Personal Information collected, shared, and sold about you in the past twelve (12) months;

 

1. the right to request that we delete any of your Personal Information we have collected from you (subject to certain limitations set forth in the CCPA); and

 

1. the right to opt-out of the sale of your Personal Information.

 

We shall not discriminate against you based upon the exercise of any of the above rights. You or your authorized agent may submit a request to exercise any of the above enumerated right by contacting us in accordance with the Contact Us section of this Privacy Policy. 

 

To learn more about your California privacy rights under the CCPA (as amended by the CPRA), visit https://oag.ca.gov/privacy/ccpa.

 

1. California Privacy Rights for Minors: If you are a California resident and under the age of eighteen (18), you have the right to view, correct or delete any Personal Information provided by you or publicly posted by you. You may do so by contacting us in accordance with the Contact Us section of this Privacy Policy. 

 

10. Our Data Retention Policy:

 

When you place an order through the Site, we will maintain your Order Information for our records unless and until you request we delete your Personal Information in accordance with this Privacy Policy. As an exception, we will not delete your Personal Information where we still have a legitimate interest to use your Personal Information, such as enforcing our Terms of Service located at https://myobvi.com/pages/terms-of-use, resolve disputes, or otherwise comply with legal requirements. In any event, your retained Personal Information under this Section shall not be used for any other purpose. For the avoidance of doubt, we shall not retain your Personal Information longer than necessary for the purposes outlined in this Privacy Policy. 

 

11. Changes to Our Privacy Policy:

 

We reserve the right to update or otherwise change this Privacy Policy from time to time in order to reflect changes to our practices or for other operational, legal or regulatory reasons. Any such updates or changes will be effective immediately upon being posted, unless otherwise stated in the change.

 

12. Trademark Rights:

 

We and our affiliates, licensors and content providers are the owners of all the trademarks used on the Site.  Third parties are not allowed to sell products that use or apply any of our trademarks, logos and identifying marks without our express written consent.

 

13. Children’s Guidelines:

 

Visitors under eighteen (18) years of age should not submit or post any information on the Site.  Without limiting the foregoing, the Site is not intended for children under thirteen (13) years of age. No one under the age of thirteen (13) may provide any information to or on the Site. We do not knowingly collect personal information from children under the age of thirteen (13). If you are under thirteen (13), do not use or provide any information on any of the Site or through any of their features, register on any of the Site, make any purchases through any of the Site, use any of the interactive or public comment features of any of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under the age of thirteen (13) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under thirteen (13), please contact us by email at hello@myobvi.com. 

 

California residents under sixteen (16) years of age may have additional rights regarding the collection and sale of their personal information. Please see Your Rights Under California Law above for more information.

 

14. Currency Conversion:

 

By using the Site, you agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our Site so that the prices can convert to your local currency.

 

15. Contact Us:

 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at hello@myobvi.com or by mail using the details provided below: 

 

My Obvi, Inc.

78 John Miller Way, Suite 2021

Kearny, New Jersey 07032

 

We urge you to also carefully read our Terms of Service for more information on the use of the Site.