- How we collect information on the APP Sites.
- The types of information we collect on the APP Sites.
- How we use information we collect.
- The circumstances under which APP may disclose information gathered on the APP Sites to third parties.
- The choices available to you on the APP Sites regarding the collection and use of your information.
- Security procedures that we have put in place to protect your Personal Information.
1. Policy Scope
2. Our Information Collection Practices
Automatically Collected Information. When you visit the APP Sites to place an order, browse, read, or download information, we may automatically collect and store the following types of non-personally identifiable information:
- Information collected as server logs from information provided by your browser.
- Click-through statistics.
- Your IP address.
- The type of web browser you are using to access APP Sites.
- The type of operating system you are using.
- The name of the domain and host from which you access the Internet.
- The date and time you access APP Sites.
- The Internet address of the sites from which you linked directly to APP Sites.
Personal Information Provided Voluntarily by the User. You can use portions of the APP Sites without providing any Personal Information. However, in order to take advantage of the full capabilities of the APP Sites and to obtain access to, and use of, many of the features found on the APP Sites, including placing orders for products offered for sale on the APP Sites and receiving APP e-mail exclusives, you must provide certain Personal Information. You may also provide Personal Information when you participate in various services and offerings on the APP Sites. Personal Information may include, without limitation:
- Your name, mailing address, email address, telephone number, fax number, billing information, and credit card number and related information.
- Information concerning your interests, occupation, product use and preferences.
You may also be asked to respond to additional questions to help us meet your needs. Certain functionalities on the APP Sites, such as the “Email This Page to a Friend” feature, may require you to provide information regarding third parties. Similarly, if you request that an order or gift be sent directly to an individual other than yourself, you will also be asked to submit information about the recipient of the order or gift. This information may include a third party’s name, address, phone number, fax number, email address, and other similar information.
3. Information Warranty
4. Use and Disclosure of Information
Use of Automatically Collected Information. Information collected automatically through the APP Sites provides us with information regarding your use of the APP Sites, including which pages are the most popular with APP Sites users. That information also allows us to determine if the APP Sites are working properly and to make changes to the APP Sites to allow the user to have a better experience on the APP Sites. We do not use that information to identify a particular user.
We may aggregate and use certain non-personally identifiable information for research or marketing purposes and may share, sell and rent or trade that information and statistical information derived therefrom with our marketing partners, advertisers, or other third parties.
Use of Non-personally Identifiable Information Provided Voluntarily by the User. By remaining opted-in to our e-mail list, you are acknowledging that we may sell, rent, share, trade or otherwise provide or transfer your non-personally identifiable information such as demographic and occupational information to third parties. Such third parties may use such information for whatever purposes they wish or may transfer such information to other third parties.
Business Uses of Information. APP uses Personal Information you provide to us for internal business purposes, such as (i) for verification at login as a registered user, if applicable; (ii) for marketing purposes; (iii) to contact you regarding the products or services that you have ordered or requested and to provide the same; (iv) for fulfillment of promotions, including but not limited to sweepstakes, contests or subscriptions that you have entered; (v) to process and ship orders; (vi) to send order and shipping confirmations; (vii) to provide customer service, respond to your requests and inquiries and enhance product and service offerings; (viii) to keep records regarding orders, returns and exchanges; (ix) to protect both you and us against error and fraud; (x) to send information, product and service alerts and exclusive offers; (xi) to record usage of the APP Sites; (xii) to adjust the APP Sites to your personal preferences; and (xiii) to customize advertising and APP marketing information regarding our products and services. We may also exchange information, including Personal Information, with other companies and organizations for credit fraud protection and risk reduction.
Service Providers and Vendors. We may also share your Personal Information with certain third parties that perform services for APP. Those third parties may host the APP Sites, operate certain features on the APP Sites, print or send mailings, provide marketing materials for the APP Sites, authorize and process your payments, provide customer service, analyze data and assist in fulfilling your orders, send e-mails on APP’s behalf, or otherwise assist APP with the operation of the APP Sites. Those third parties are not authorized to use or disclose your Personal Information for any purpose other than to perform the services designated by APP Business Transfers. Automatically collected information and your Personal Information may be transferred as an asset in connection with a merger or sale involving all or part of APP or as part of a corporate reorganization, stock sale or other change of control.
Required Disclosures. APP may also provide your Personal Information to a third party if APP in good faith believes that access, use, preservation or disclosure is reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable government request. For example, APP may be required to disclose your Personal Information to respond to a subpoena, court order or other legal process.
5. Consent to Processing and Transfers of Information
APP may transfer information that you send to us, including, without limitation, Personal Information, to recipients in countries that do not provide the same level of legal data protection as the country from which you access the APP Sites. By using the APP Sites, you consent to those transfers and to the processing by APP of that information.
6. Notice for Parents
The APP Sites are considered to be general audience Sites and are not to be used by children. APP does not sell products that are intended for children and does not intend to collect Personal Information from individuals under the age of eighteen (18). If you are the parent or guardian of a child who has provided personal information to us, please inform us as provided under Section 12 below, and we will delete that Personal Information.
Types of cookies, how they’re used, and the potential impact if disabled:
|TYPE||PURPOSE||POTENTIAL IMPACT IF DISABLED|
|Session Cookies||Used to support website functionality||Access to website content and features may be limited|
|Preference Cookies||Used to remember user preferences from one visit to the next||Preference will need to be reset on each visit to the website. This may also disable the ability have websites “remember” you at time of login|
|Advertising Cookies||Used to serve you advertisements that may be relevant to you and your interests||Advertisements will still be displayed but will be more random and may be less relevant to you and your interests|
|Security Cookies||Used as a component of a website’s general security and user authentication processes||Access to website and features may be limited|
In addition, we currently contract with several online partners to help manage and optimize the APP Sites. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our sites. To do this, we use Web beacons and cookies provided by our marketing company on the APP Sites. The type of information we collect includes which pages are visited, which products are put into the shopping cart, which orders enter the checkout process, which checkouts are executed with payment, etc. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company manages the information coming from our sites on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our sites, products, offers and marketing strategy, you can “opt-out” of our ability to analyze such data by contacting us (see Section 12).
9. Managing Your Information
To Stop Certain Collection and Use of Your Information:
Marketing Email, Texts, and Mail. You may “opt-out” of receiving future e-mail or other communications from us by clicking the “unsubscribe” link at the bottom of any e-mail that you receive from us, or by contacting us (see Section 12). Please note that removal of your Personal Information from our database or “opting-out” will not stop (i) marketing or advertising content that is ready to be mailed or is queued for transmission to you prior to the time when we can implement your request, or (ii) the use of your Personal Information by third parties with whom APP may have already shared your information.
Interest Based Advertising
Some of our websites support Interest Based Advertising efforts by Third Parties. Industry groups such as the Digital Advertising Alliance have developed services to help you manage your Interest Based Advertising preferences
You can opt-out of tracking used to understand website utilization provided by Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
Do Not Track
Some browsers have a “Do Not Track” feature that lets you send a request to websites to not track your online activities. We, like many other retailers, do not honor those requests.
To Change or Correct Your Information:
At any time, you can request access to your personal information, request that any inaccuracies be corrected, or request that comments or explanations be added to records about you. You may contact us with changes as described in Section 12. To prevent unauthorized changes, we may ask for certain information to verify your identity before we process such requests.
10. Updates and Changes to Policies
11. Customer Specific Disclosures
a. Contract Customers
If you are a contract customer and would like to opt-out of receiving promotional postal mail and/or email from us, please notify your Account Manager. You may still receive promotional postal mail or email from other affiliated companies and Third Parties if they have received your email or postal address from other sources or as a result of their own transactions or experiences with you. You will also continue to receive promotional postal mail or email if you request to hear from us again.
b. Nevada Residents
Under Nevada SB 220, Nevada residents may submit an opt-out request regarding the sale of their Personally Identifiable Information (PII) collected through a website or online service. Where applicable, you may submit your request to Opt-Out of the sale of Personal Information to Third Parties by submitting an online request at: Do Not Sell My Personal Information
c. California Residents1. California Shine the Light Law
Under California Civil Code sections 1798.83–1798.84 California residents may request the names and addresses of affiliated companies and categories of Personal Information we share for their direct marketing purposes. If you are a California resident and would like to make such a request, please Contact Us 2. California Consumer Privacy Act of 2018
California residents have the following rights:
- The Right to Disclosure
- About information collected
- About information sold
- Categories of personal information sold
- Categories of Third Parties with whom the personal information was sold
- The Right to Deletion of Personal Information
- The Right to Opt-Out of the sale of Personal Information to Third Parties
- The Right to Sue for Security Breaches
- The Right to not be Discriminated Against Based on Exercising any of the Above Rights
California residents may submit a Data Disclosure or Deletion request by:
- Submitting an online request here: Data Disclosure or Deletion Request
- Submitting a phone request by calling 1-910-501-5017
Where applicable, you may submit your request to Opt-Out of the sale of your Personal Information to Third Parties by:
- Submitting an online request here: Do Not Sell My Personal Information
- Clicking the “Do Not Sell My Personal Information” button on our applicable website
Unless indicated with a “Do Not Sell My Personal Information” button on our websites, we do not sell Personal Information as defined by the California Consumer Privacy Act (CCPA).
We will take reasonable steps to verify your identity prior to fulfilling the above requests.
Authorized Agents may submit requests on behalf of a California resident using the above processes and providing the appropriate documentation.
The following section describes:
- Categories of personal information we collect
- The purpose for which the personal information is collected
- Specific personal information collected
- Categories of sources from which that information is collected
- Categories of Third Parties (who are not classified service providers) with whom the information may be shared
- The purpose for selling or sharing of personal information
|Categories of Personal Information as defined by CCPA||Do we collect this type of Personal Information?||Purpose of collecting the Personal Information||Specific Personal Information that may be Collected||Categories of Sources from which the Personal Information is Collected||Is this category of Personal Information shared with Third Parties?||Categories of Third Parties with which the Personal Information may be Shared||Purpose of Selling or Sharing Personal Information||Can you opt-out of this Sharing?|
|Identifiers||Yes||To uniquely identify an individual in support of business activities||Names, Account ids, emails, addresses, IP Addresses, Device Identifiers, Loyalty Program Ids, Tax Exempt Numbers||From you, From Marketing Firms||Yes||Marketing Partners||Marketing||Yes|
|Commercial Information||Yes||To support business transaction||Quotes, Sales Transactions,||Your transactions with us||Yes||Marketing Partners||Marketing||Yes|
|Biometrics||In limited circumstances||Fraud Protection||Behavioral biometrics and device usage||From you||No||N/A||N/A||N/A|
|Network Activity||Yes||To allow access to and optimize our websites||Access to our properties||From you||No||N/A||N/A||N/A|
|(if you access our websites or mobile apps)|
|Geolocation Data||Yes||Personalization and Store Locations||Unique Identifiers and your location and ZIP code||From you and your devices||No||N/A||N/A||N/A|
|(if you access our websites or mobile apps)|
|Recordings (e.g. audio, visual)||Yes (if you call customer service or visit a store using closed circuit TV)||Customer Service, Fraud Prevention||Voice and CCTV Recordings||From you||No||N/A||N/A||N/A|
|Professional or Employment-Related Information||Yes||For employment and credit purposes||Employment History including Companies and Job Titles||From you||Yes||Prior Employers and Background Check Services||Employment Background||No|
|Education Information||Yes||For employment and credit purposes||Educational History including Schools and programs||From you||Yes||Verification Services||Employment and Credit Verification||No|
|Inferences||Yes||Personalization||Product Affinities||From you and external data sources||In limited circumstances||Marketing Partners||Marketing||Yes|
d. Canadian Residents
We consider “personal information” to be information about an identifiable individual. We do not consider public information found in directories and listings, or business names, addresses and/or contact numbers to be personal information.
We have adopted, as Company policy, the 10 personal information privacy principles stated in the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information. 10 principles are:
- Reason for Collection
- Limiting Collection
- Limiting User, Disclosure and Retention
- Individual Access
- Challenging Compliance
Interest Based Advertising
Some of our websites support Interest Based Advertising efforts by Third Parties. In Canada industry groups such as Digital Advertising Alliance of Canada have developed services to help you manage your Interest Based Advertising preferences.
e. European Union (EU) Residents
APP Commerce and its affiliated companies are based in the United States (U.S.) and the information APP Commerce and its service providers collect is governed by U.S. law. If you are accessing the Services from outside of the U.S., please be aware that information collected through the services may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Notice.
As residents of the EU, you will have certain additional rights with respect to your Personal Data under the General Data Protection Regulation including:
- The right to be informed.
- The right of access.
- The right to rectification.
- The right to erasure.
- The right to restrict processing.
- The right to data portability.
- The right to object.
Interest Based Advertising
Some of our websites support Interest Based Advertising efforts by Third Parties. In Europe industry groups such as European Interactive Digital Advertising Alliance have developed services to help you manage your Interest Based Advertising preferences.
We will retain your EU Personal Information for as long as your account is active, as needed to provide you services and to fulfill the purposes for which the data was collected, and as necessary to comply with our legal obligations and fulfill our business needs.
12. Contact APP
ADVANCE PERFORMANCE PARTNERS, LLC.
Attn: Privacy Team
1237 Mallard Baye
Rutledge, TN 37861
Phone: 1-(901) 501-5017
Upon receiving a written request, we will contact you directly, investigate your request, and work to address your concerns. We will respond to your request without undue delay. We reserve the right to take reasonable steps to verify your identity prior to granting access or processing changes or corrections.
Privacy Notice Updates
This Privacy Statement may change from time to time, and we will post on our websites any updated Privacy Notice. Recent changes to the Privacy Notice are documented below. Each version of this Privacy Notice will be identified by its effective date displayed at the top of this Privacy Notice.
Effective July 1, 2020