CHOQ PRIVACY POLICY

 

Effective Date: May 14, 2021

  1. Introduction. This website, www.choq.com (the “Website”) permits users like you (“you” and “your”) to purchase products in accordance with the Terms and Conditions. This Website is owned and operated by Choq, LLC, a Texas limited liability company (“Choq” or “we” or “our” or “us”; collectively, you and Choq may be referred to as the “Parties” and each a “Party”). This Privacy Policy describes how Choq collects, uses and stores your Personal Information, whether you’re purchasing products or visiting the Website. By visiting the Website, you agree to the terms of this Privacy Policy and the Terms and Conditions. Choq will collect, use, disclose and otherwise manage your Personal Information in accordance with this Privacy Policy.
  2. Effective Date. The effective date of this Privacy Policy (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Privacy Policy. If you choose to accept this Privacy Policy, you must do so as written, without modification. If you do not agree to abide by the terms of this Privacy Policy, please discontinue your use of the Website immediately. You agree that by using the Website and your purchase of Products constitutes your acceptance of this Privacy Policy and your agreement to be bound by the terms of this Privacy Policy. You warrant and represent that you are at least eighteen (18) years old. Choq provides its consent for you to use the Website in reliance upon your acceptance of and compliance with this Privacy Policy.
  3. Updates to this Privacy Policy. CHOQ RESERVES THE RIGHT TO AMEND THE WEBSITE AND PRIVACY POLICY IN ITS DISCRETION FROM TIME TO TIME TO REFLECT CHANGES TO CHOQ’S PRIVACY PRACTICES OR FOR OTHER OPERATIONAL, LEGAL OR REGULATORY PURPOSES. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS PRIVACY POLICY. BY CONTINUING TO USE THE WEBSITE AFTER THESE CHANGES ARE POSTED, YOU AGREE TO ANY REVISIONS TO THIS PRIVACY POLICY.
  4. Collection of Personal Information. As used in this Privacy Policy, “Personal Information” means personally identifiable information such as your name, street address, telephone number, credit card information, screen name, email address and information about the device and browser you use, your network connection, your IP address, and information about how you browse the Website. Choq may collect and use Personal Information that you provide us when you:
    1. Purchase, order, return, exchange, register or request certain information about Choq’s Products;
    2. Request warranty or tax exempt information;
    3. Contact Choq’s customer service;
    4. Visit, register on, post to or participate in the features on the Websites;
    5. Open an account or enter into a contest or sweepstakes, join a club or participate in a program offered by Choq;
    6. Respond to one of Choq’s surveys;
    7. Provide Choq with reviews, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials;
    8. Provide Choq information; and
    9. Use the Website including through the use of cookies.
  5. Use of Your Personal Information. Choq uses your Personal Information to:
    1. Confirm your identity;
    2. Contact you, provide you with advertising, marketing, and customer support;
    3. Complete the sale of products to you, endure proper delivery and provide refunds or exchanges;
    4. Maintain a history of your purchase of products;
    5. Make sure that Choq complies with legal requirements;
    6. Improve and personalize your use of our Website; and
    7. Prevent fraud.
  6. Cookies and Web Beacons. The Website uses a technology called “cookies” to help facilitate transactions on the Website. A cookie is an element of software code that the Website can send to your browser, which is then stored on your hard drive so Choq can recognize you when you return. Should you decide not to accept cookies from the Website, you will limit the functionality Choq can provide when you visit the Website. Third parties may place anonymous cookies on your browser and may send their own cookies to your cookies file, which may allow personalized retargeting technology and the service of personalized banners to enhance your shopping experience. The Network Advertising Initiative (“NAI”) consumer opt-out page currently located at www.networkadvertising.org/managing/opt_out.asp permits you to opt-out of behavioral advertising with some of the third parties whose cookies may be placed on your browser when you visit our sites. Web beacons are small pieces of data that are embedded in images on the pages of websites.
  7. Phishing Attacks. Choq will never send you an email requesting you to validate account/password information or Personal Information such as credit card numbers. If you do receive an email that appears to come from Choq that asks for this type of information please forward the email directly to choq@choq.com and then delete from your inbox.
  8. Use of Third Parties. Choq provides your Personal Information to third-party service providers to operate the Website, conduct marketing and advertising campaigns, process the sale of products to you and fulfill and deliver products to you. Choq may also share your Personal Information to prevent, investigate or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions or as otherwise required by law, conform to legal requirements, respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements). Choq will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 7. Choq is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Framework, the Swiss-U.S. Privacy Shield Framework, and Canada’s Personal Information Protection and Electronic Documents Act. These third parties are not authorized by us to use your Personal Information in any other way. Choq does not sell your Personal Information.
  9. Privacy Preferences / Opt-Out. If at any time you would like to be removed from any or all Choq marketing lists, newsletters, distribution lists, or the like, you may do so by contacting Choq in any of the ways identified in Section 15. Please remember to include your email address, name, mailing address and telephone number in any request. If you do not wish to receive email from Choq, you may unsubscribe from our mailing list by using the “Unsubscribe” link on any promotional emails Choq sends. If you choose not to use that link or did not receive a promotional email from Choq, you may send an email request to choq@choq.com. This email method may take up to ten (10) calendar days to remove your address from the file.
  10. Retention of Personal Information. Choq will retain your Personal Information throughout your relationship with Choq. Once you terminate your relationship with Choq, Choq will continue to store archived copies of your Personal Information for legitimate business purposes such as to defend a contractual claim or for audit purposes and to comply with the law, except when Choq receives a valid erasure request.
  11. Security of Personal Information. Choq follows industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details, and any other Personal Information entrusted to Choq. Our information security systems apply to people, processes and information technology systems on a risk management basis. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Choq cannot guarantee the absolute security of your Personal Information.
  12. Children’s Privacy Policy. Choq does not sell products for purchase by children. Effective immediately, if you are under the age of eighteen (18), you are not permitted to create an account on the Website. Choq does not intend to collect any Personal Information from children through the Website.
  13. Biometric Data. Choq does not collect, store or use any biometric data of its customers or users of the Website although the Website is accessible with devices that may collect, store and use your biometric data to access and use the Website. Choq does not enable or otherwise endorse the use of any technologies that collect, store and use your biometric data.
  14. Residents of the European Economic Area (“EEA”). If you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, port to another service provider, or object to certain uses of your personal data. Choq is a company based in the United States. If you are not a United States resident, please do not send Choq any Personal Information. Choq reserves the right to remove any Personal Information from anyone we determine not to be a United States resident.
  15. Contact Choq. You may contact us in one of the following ways:
    1. Send an email to: choq@choq.com
    2. Call 502-467-3000 Monday thru Friday, 9am to 5pm (ET)
    3. Send your request by mail to:

Choq, LLC
Attn: Customer Service
1620 Cobb International Boulevard
Suite 5
Kennesaw, GA 30152

  1. California Consumer Privacy Statement. Effective as of May 14, 2021, this California Consumer Privacy Statement supplements the Privacy Policy. It applies solely to California consumers and addresses Personal Information Choq collects online and offline. This Section 16 does not apply to Choq personnel. Sections 16(b)-(e) do not apply to job applicants. This Section 16 uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).
    1. Notice of Collection of Personal Information. Choq may collect (and may have collected during the twelve-month period prior to the effective date of this Section 16) the following categories of Personal Information about you:
      1. Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers.
      2. Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information.
      3. Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran status.
      4. Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies.
      5. Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements.
      6. Geolocation Data
      7. Sensory Information: audio, electronic, visual, and similar information.
      8. Employment Information: professional or employment-related information.
      9. Education Information: education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 C.F.R. Part 99).
      10. Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
    2. Notice of Use of Personal Information. Choq may use (and may have used during the twelve-month period prior to the effective date of this Section 16) your Personal Information for the purposes described in our Privacy Policy and for the following business purposes specified in the CCPA:
      1. Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
      2. Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
      3. Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction
      4. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
      5. Debugging to identify and repair errors that impair existing intended functionality
      6. Undertaking internal research for technological development and demonstration
      7. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us
      8. Managing career opportunities with Choq.
    3. Sources of Personal Information. During the twelve-month period prior to the effective date of this Section 16, we may have obtained Personal Information about you from the following categories of sources:
      1. Directly from you, such as when you make a purchase
      2. From your devices, such as when you visit our Sites
      3. Our affiliates and subsidiaries
      4. Vendors who provide services on our behalf
      5. Online advertising services and advertising networks
      6. Data analytics providers
      7. Government entities
      8. Social networks
      9. Data brokers
    4. Sale of Personal Information. Choq does not exchange Personal Information in exchange for monetary consideration. Choq may allow certain third parties (such as online advertising services) to collect Personal Information via automated technologies on the Website in exchange for non-monetary consideration. Choq shares the categories of Personal Information listed below for online advertising purposes and to provide third-party social network features and functionality on the Websites. You have the right to opt out of this disclosure of your information, which may be considered a “sale” under California law. During the twelve-month period prior to the effective date of this Section 16, Choq may have sold the following categories of Personal Information to online advertising services and social networks:
      1. Identifiers
      2. Commercial Information
      3. Online Activity
      4. Inferences

We do not have actual knowledge that we sell the Personal Information of minors under 16 years of age.

    1. Sharing of Personal Information. During the twelve-month period prior to the effective date of this Section 16, Choq may have shared Personal Information with certain categories of third parties for a business purpose, as follows:
      1. Identifiers to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      2. Additional Data Subject to Cal. Civ. Code § 1798.80 Law to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      3. Protected Classifications to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      4. Commercial Information to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      5. Online Activity to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      6. Geolocation data to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      7. Sensory Information to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      8. Employment Information to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      9. Education Information to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      10. Inferences to vendors who provide services on our behalf, professional services organizations, such as auditors and law firms, joint marketing partners, business partners, online advertising services and advertising networks, data analytics providers and social networks
      11. In addition to the categories of third parties identified above, during the twelve-month period prior to the effective date of this Section 16, we may have shared Personal Information with government entities.
    2. California Consumer Privacy Rights. You have certain choices regarding your Personal Information, as described below.
      1. Access: You have the right to request, twice in a twelve-month period, that Choq discloses to you the Personal Information Choq has collected, used, disclosed and sold about you during the past twelve months.
      2. Deletion: You have the right to request that Choq delete Personal Information Choq has collected from you.
      3. Opt-Out of Sale: You have the right to opt-out of the sale of Personal Information.
      4. Shine the Light Request: You also may have the right to request that Choq provide you with (a) a list of Personal Information Choq has disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.
    3. Submit a Request. To submit an access or deletion request, a shine the light request, a request to opt-out of the sale of your Personal Information or a request as an authorized agent on behalf of a consumer, please contact us in any of the ways identified in Section 14.
    4. Verifying Requests. To help protect your privacy and maintain security, Choq will take steps to verify your identity before granting you access to your Personal Information or complying with your request. If you have an account with Choq, Choq may verify your identity by requiring you to sign in to your account. If you do not have an account with Choq and you request access to or deletion of your Personal Information, Choq may require you to provide any of the following information: first name, last name, mailing/shipping address, phone, and email address. In addition, if you do not have an account and you ask Choq to provide you with specific pieces of Personal Information, Choq may require you to sign a declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. 
    5. Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by Choq. To the extent permitted by applicable law, Choq may charge a reasonable fee to comply with your request.
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