agate

Privacy Policy

Effective Date. This Privacy Policy was last updated as of August 22, 2021.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AND WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE SITE OR ENGAGE IN COMMUNICATIONS WITH US CONCERNING OUR PRODUCTS OR SERVICES.

This Site is intended for users located in the United States and Canada. It is not intended for users located in other countries, including the European Union and the European Economic Area. By using this Site, you acknowledge and agree that you are using the Site from within the United States or Canada.

INTRODUCTION

America’s Collectibles Network, Inc. (also referred to herein as, “ACN,” “we,” “us,” and “our”) is committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business. We also believe in transparency, and we are committed to informing you about how we treat your personal information.

This Privacy Policy (the “Policy”) provides you with a description of our online and offline practices regarding your personal information and the rights you have regarding your personal information. This Policy describes how we collect, use, disclose, and process personal information when you (i) visit our website(s) (e.g., gemstones.com), (ii) use our application(s) (e.g., Gemstone Discovery) on any platforms (e.g., iOS, Android, Roku), (iii) engage with us on social media platforms (e.g., Facebook, Instagram, YouTube and Pinterest); or (iv) otherwise do business with us as a consumer. When you engage with us through any of the platforms listed above (collectively, the “Site” or “Sites”), you are indicating that you understand, accept and consent to the practices described in this Privacy Policy, as well as the gemstone.com Terms and Conditions. If you do not agree with our policies and practices, your choice is not to use our Site.

If you download, install, or otherwise use our Gemstone Discovery Application, your use of such application is, in addition to this Privacy Policy, subject to the Gemstone Collection Terms of Use, which can be found in the Gemstone Discovery Application, including those terms and conditions related to any User Generated Content (as defined in the Gemstone Collection Terms of Use) you provide as part of your use of the application.

If you would like to receive a paper copy of this Privacy Policy, or require further assistance in accessing this Privacy Policy, you may call (800) 550-8393 to make such a request.

WHAT INFORMATION DO WE COLLECT?

Notice at Collection. We collect the following information from you for the purposes described in the “How Do We Use and Share Your Information?” section of this Policy. Additionally, we may collect and use inferences drawn from any of the information identified below to create a profile about you, which may reflect topics like your preferences or purchasing behavior.

If you are a resident of California, please also see the “California Privacy Rights” section of this Policy for more information. If you are a resident of Canada, please also see the “Canada Privacy Rights” section of this Policy for more information. If your information is collected in the context of a business relationship with us, it may not be covered by the rights discussed in the California Privacy Rights section. We may also obtain any of the information listed below from data vendors to supplement the information we collect from you. We will only obtain personal information from data vendors who have obtained your consent to disclose such personal information to us. The “CCPA Categories of Personal Information” listed in the chart reference the categories set forth in the CCPA definition of personal information.

Category

Description

Contact Information

When you visit the Site, request information about our products or services, subscribe to ACN emails or newsletters, create an account, participate in a contest, sweepstakes or giveaway, interact with our website (e.g., a pop-up that asks for your email address to receive offers, etc.), or contact us (including via phone, mail, email, chat, or social media), we may ask you for your Contact Information.

Contact Information may include your first and last names, email address, street address, city, state, province, territory, zip code, postal code, telephone number, social media usernames, date of birth, or other contact details.

CCPA Categories of Personal Information: Identifiers; Categories Described in the Customer Records Statute; Geolocation Data

 

User Account Information

In order to access and use certain features of the Site, you must first create an account. When you create an account, we collect your User Account Information and associate it with your Contact Information.

User Account Information includes the password that you choose to create, the account number we assign to you, and other information you choose to share with us through your account.

CCPA Categories of Personal Information: Identifiers

 

Audio or Similar Information

We may monitor or record any calls made to our call center for quality assurance, coaching, and training purposes. We may associate this with your Contact Information and/or your User Account Information.

CCPA Categories of Personal Information: Audio, Electronic, Visual, or Similar Information

 

Communications, Feedback, Support, and Inquiries

If you contact us via phone, mail, email, chat, or social media; contact us for support or to ask us questions or report a problem; provide us with feedback; submit a photo; respond to our surveys; enter a contest, sweepstakes or giveaway; or submit reviews or other content, in addition to  your Contact Information, we will collect Communications, Feedback, Support, and Inquiries.

Communications, Feedback, Support, and Inquiries may include the subject matter of your message and any comments, ratings, reviews, content or responses that you choose to provide. We may keep a log of the information you provide, and this could include additional personal information about you if you decide to include that information.

In addition, when you communicate with us, including through any social media site, we will collect the information that is tied to your account and your engagement with us, and we may retain all content, messages, and information that you provide to us.

If you receive email communications from us, we use certain tools to capture data related to if/when you open our message and if/when you click on any links or banners it contains. Other information collected through this email tracking feature includes: your email address, the date and time of your “click” on the email, a message number, the name of the list from which the message was sent, a tracking URL number, and a destination page.

We may associate Communications, Feedback, Support, and Inquiries with your Contact Information and/or your User Account Information.

CCPA Categories of Personal Information: Characteristics of Protected Classifications; Commercial Information; Internet or Other Electronic Network Activity Information; Audio, Electronic, Visual, or Similar Information

 

Cookies and Similar Technologies

When you visit our Site or use our mobile applications, we use cookies and similar technologies. Please see the “Cookies and Similar Technologies” section of this Policy below for more information.

CCPA Categories of Personal Information: Internet or Other Electronic Network Activity Information

 

Usage Information

When you visit the Site, we automatically collect Usage Information from your browser and your device.

Usage Information includes the date and time of your visit as well as geolocation, time zone, Internet Protocol (IP) address or unique device identifier, domain server, operating system, browser type, access time, what websites or search terms referred you to the Site and data about which pages you visit and how you interact with the Site.

CCPA Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data

 

Inferences

We may draw inferences from any of the categories of personal information identified above to create a profile about you, which may reflect topics like your preferences, or purchasing behavior.

CCPA Categories of Personal Information: Inferences

 

Cookies and Similar Technologies

First-Party and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” or “permanent” cookie). “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session. “Persistent” or “permanent” cookies remain stored on your hard drive until they expire or are deleted by you. Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you’re visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Similar Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with a website:

  • Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with unique identifiers that are used to understand browsing activity. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisible on web pages when you open a page.
  • Social Widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties.
  • UTM Codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when you move from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.
  • Site Optimization and Usage Tracking. We contract with third party service providers to help manage and optimize our Internet business and communications, and these third-party service providers may also use the technologies described in this section to collect certain information when you use our Platform(s).

What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

We use first-party and third-party cookies and similar technologies for purposes such as to improve Site functionality, to measure and track how users interact with the Site and perform similar analytics, to track ad-driven activity on the Site, and to otherwise tailor our communications with you. We may also display targeted ads to you through social media platforms.  These ads are sent to past or current ACN customers or groups of people who share traits, behaviors, or interests.

For example, we may use certain Adobe technologies to facilitate our ability to analyze data designed to help us improve our Site, products, offers, and marketing.  You can “opt out” of certain technologies from Adobe by using the Adobe Experience Cloud solutions platform by clicking the following link https://www.adobe.com/privacy/opt-out.html and following the instructions provided. Additionally, we may use Google Analytics to collect and process statistical data about the number of people using the Site(s) and to better understand how they find and use our Site(s).  Any data collected is used in accordance with our Privacy Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting https://www.google.com/policies/privacy/partners/ as well as Google's restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature.  For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).  Additionally, we may use Microsoft’s Microsoft Advertising services.  The Microsoft Privacy Statements regarding Microsoft’s use of any information disclosed to Microsoft to provide the Microsoft Advertising service can be found at https://privacy.microsoft.com/en-us/privacystatement. We also use Rakuten Advertising services, which may collect personal information when you interact with our site. The collection and use of this information is subject to Rakuten’s privacy policy which can be found at https://rakutenadvertising.com/hubfs/Services-Privacy-Policy-English.pdf. For more information and to opt-out, visit https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/.

Other Third-Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you browse the Internet. The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content. We do not control these third parties’ technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising. You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Site.

Please be aware that, if you decline the use of cookies, you may not have access to the full benefits of the Site, and certain features of the Site may not work properly. In addition, adjusting the cookie settings on the Site may not fully delete all of the cookies that have already been created. To delete them, visit your web browser settings after you have changed your cookie settings on the Site. Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browser providers:

Google Chromehttps://support.google.com/chrome/answer/95647?hl=en

Firefox: https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop

Internet Explorer: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d

Safari: https://support.apple.com/guide/safari/manage-cookies-sfri11471/mac and https://support.apple.com/en-us/HT201265

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at: https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

For more information on how to modify your browser settings to block or filter cookies, visit https://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/. You may learn more about internet advertising practices and related consumer resources at https://youradchoices.com/controlhttps://optout.networkadvertising.org/?c=1, and https://youronlinechoices.eu/.

HOW DO WE USE AND SHARE YOUR INFORMATION?

How do we use the personal information described in this Policy? 

We may use the personal information we collect for one or more of the following purposes:

  • Delivering services that you have requested;
  • Providing you with information about our products and services;
  • Contacting you about products or services that may be of interest to you;
  • Establishing and maintaining your user account with us;
  • Managing our relationship with you;
  • Improving our services and customer service;
  • Allowing you to contact us and facilitate your communication with us;
  • Responding to your feedback, requests, questions, or inquiries;
  • Registering you for our email distribution lists;
  • Sending you periodic emails;
  • Administering a contest, sweepstakes, promotion, or survey;
  • Enabling you to share reviews, comments, questions, and answers;
  • Providing you more tailored advertising;
  • Operating the Site(s) and preparing aggregate traffic information;
  • Recognizing your device and remembering your interactions;
  • Providing you with a more personal and interactive experience on the Site;
  • Engaging with you on social media, including contacting you via social media and using other social media tools to interact with you;
  • Operating our business;
  • Enforcing our policies and contracts;
  • Facilitating, or use in connection with, corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensuring safety of person or property;
  • Asking if you would like for us to share your information with third parties;
  • Accomplishing any other purpose related to and/or ancillary to any of the purposes and uses described in this Policy for which your information was provided to us;
  • Accomplishing another purpose described to you when you provide the information, for which you have consented, or for which we have a legal basis under law;
  • Complying with federal, provincial, territorial, state, or local laws;
  • Complying with a civil, criminal, or regulatory inquiry, investigation, subpoena, order, or summons by federal, state, provincial, territorial or local authorities;
  • Cooperating with law enforcement agencies;
  • Exercising or defending legal rights or claims; and
  • Creating, using, retaining, or disclosing de-identified or aggregated data.

How do we disclose or share the information described in this Policy? 

Where permitted by applicable law, we may share the information described above in the following contexts:

Category

Description

Corporate Affiliates

We may share your information with our corporate affiliates, such as Multimedia Commerce Group, Inc. (“MCGI”), the parent company of ACN, and any other entity wholly or partially owned by ACN or MCGI, and with their respective officers, directors, employees, accountants, attorneys and agents.

 

Acquisitions and Similar Transactions

In accordance with applicable law, we may disclose your information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

 

Disclosures with Your Consent

We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Policy. We will only disclose your information in this context with your consent.

 

Legal Obligations and Rights (Subpoenas, Court Orders, and Warrants)

We may disclose the information described in this Policy in response to subpoenas, warrants, court orders or other legal process, to otherwise cooperate with law enforcement agencies, or to comply with relevant laws. We may also share such information in order to establish or exercise our legal rights; to defend against a legal claim; and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our contracts.

 

Public

Some areas of our Site may offer forums or provide the opportunity for users to post comments or reviews in a public forum. Please remember that any information disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your information. If you decide to submit your information in these areas, you do so at your own risk, and you acknowledge that the information will be publicly available.

 

Third Parties

We may provide information about you to third parties that may offer products and services when you accept an offer from them or otherwise consent for us to do so.

 

Professional Advisors

We may share information with our insurers and professional advisors, including lawyers, attorneys and accountants, that need access to such information to provide operational or other support services on our behalf.

 

Service Providers

We may share your information with our service providers that need access to such information to provide operational or other support services on our behalf. Among other things, service providers help us to fulfill orders; process payments; provide warranties; administer the Site; provide technical support; offer customer support; send marketing, promotions and communications; provide advertising services; provide data analytics services; assist with auditing; perform quality and safety-related services; and assist with other legitimate purposes permitted by law. Our service providers are contractually obligated to keep personal information confidential, retain, use, or disclose your personal information for only the business purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy.

 

Deidentified or Aggregated Data

We may disclose aggregated information about our users, and information that does not identify any specific individual, such as groupings of demographic data and customer preferences, for purposes such as new product and marketing development.

HOW LONG DO WE STORE AND USE YOUR INFORMATION?

We will retain and use your information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our products and services, and to enforce our agreements.

We take reasonable steps to delete the information we collect when (1) we have a legal obligation to do so, (2) we no longer have a purpose for retaining the information, and (3) if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations. We may also decide to delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our legal obligations or business objectives. When we delete information, it will be removed from our active servers and databases; but, it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months. We only use this information for recordkeeping purposes.  If you are a resident of California, please see the California Privacy Rights section for more information.

HOW DO WE PROTECT YOUR INFORMATION?

We understand the importance of securing and protecting your information.  We maintain safeguards to secure your personal information and to help protect the integrity and privacy of the personal information you provide.  We also use “firewalls,” secure socket layers and other security technology to protect your information and our network. We secure your personal information on servers located in controlled, secure environments, protected from unauthorized access, use or alteration. Our employees have limited access to your personal information based on their responsibilities and all employees with access to any such information are instructed to protect the confidentiality of your personal information as described in the Privacy Policy.

We want you to feel confident using our Site(s). However, no system can be completely secure. Therefore, although we take steps to secure your personal information, we do not promise, and you should not expect, that your personal information will always remain secure.

The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential. Do not share your password with anyone. You should also take care with how you handle and disclose your personal information and should avoid sending personal information through unsecure e-mail. We encourage you to learn about how to prevent identify theft. Some excellent resources can be found on the websites like the site of the Federal Trade Commission, https://www.ftc.gov and the Office of the Privacy Commissioner (Canada), https://www.priv.gc.ca/.

If a security safeguards are breached such that it compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

RIGHTS AND CHOICES ABOUT YOUR PERSONAL INFORMATION

Communication Preferences. If you wish to change your communication preferences or no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link available at the bottom of our email communications or by contacting 800-550-8393 and providing your name and email address so that we may identify you in the opt-out process. We honor such requests when we are required to do so under applicable law.  Once we receive your instruction, we will promptly take corrective action. It may take us up to seven (7) days to process any request to opt-out of communications. If you provide your email address when placing an order, either online or via our call center, you will receive transaction-based emails including but not limited to order confirmation and shipment confirmation. We reserve the right to send you service-related announcements on rare occasions when it is necessary to do so. For example, if our service is temporarily suspended for maintenance, we might send you an email. You can’t opt out of these communications unless you deactivate your account.

Cookies. You may set your browser to refuse all or some browser cookies or to alert you when cookies are being set. For more information on how to modify your browser settings to block or filter cookies, visit https://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/. You may learn more about internet advertising practices and related consumer resources at https://youradchoices.com/controlhttps://optout.networkadvertising.org/, and https://youronlinechoices.eu/.

Online Tracking Signals. Except if required by law, we do not currently recognize browser settings or signals of tracking preferences, which may include “Do Not Track” instructions. “Do Not Track” is a web browser setting that seeks to disable the tracking of individual users’ browsing activities. We adhere to the standards set out in this Policy and do not currently respond to “Do Not Track” signals on the Site or on third-party websites or online services where we may collect information.

Accuracy and Updating Your Personal Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please let us know by contacting us at 800-550-8393. You may also edit your account details if you have a user account through the Site. For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate personal information about you, you may want to update your information. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us. We honor such requests when we are required to do so under applicable law.

Complaints. If you believe your rights relating to your personal information have been violated, you may lodge a complaint with us by contacting via the “Contact Us” details provided at the end of this Policy.

Nevada Residents. Pursuant to our standard business practices, we do not make any sales (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. However, as required by Nevada law, you may submit a verified request to us at (800) 550-8393 to request that we not make any sale of covered information. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.

CALIFORNIA PRIVACY RIGHTS

For purposes of this subsection regarding the California Consumer Privacy Act (“CCPA”), all terms referenced herein shall have the meaning accorded to them in the CCPA, when applicable.  This subsection regarding the CCPA applies only to California consumers, as defined under the CCPA. If your information is collected in the context of a business relationship with us, it may not be covered by the CCPA.

CCPA Notice at Collection. For purposes of the CCPA, we collect the categories of personal information listed in the “What Information Do We Collect” section of this Policy.  We may provide a separate notice at collection if we collect additional information or intend to use information for additional purposes.

Data Practices During The Last 12 Months

Personal Information Collected: As described in this Policy, we have collected the following categories of personal information identified in the CCPA during the preceding 12 months:

  • Identifiers
  • Categories described in the Customer Records Statute
  • Characteristics of Protected Classifications
  • Commercial Information
  • Internet or other electronic network activity information
  • Geolocation data
  • Audio, electronic, visual, or similar information
  • Inferences

Categories of Sources: We have collected the personal information identified in this Policy from you when you engage with us by interacting with our Site, contacting us by phone, subscribing to emails, participating in a contest, sweepstakes, or survey, submitting a vendor or employment application, or engaging with our social media accounts. Additionally, in order to improve our services, we may supplement your personal information with information obtained from third parties. For example, for credit card payments, we may communicate with a company that processes credit card payments and utilize services which help us verify your identity. We may also obtain information from data vendors.

Business and Commercial Purposes for Collecting: We have collected the categories of personal information listed above for the purposes listed in the “How Do We Use and Share Your Information” section above.

No Personal Information Sold: We have not sold categories of personal information during the preceding 12 months.

Personal Information Disclosed for a Business Purpose: We have disclosed for a business purpose the categories of personal information listed below during the preceding 12 months:

  • Identifiers
  • Categories Described in the Customer Records Statute
  • Characteristics of Protected Classifications
  • Commercial Information
  • Internet or other electronic network activity information
  • Geolocation data
  • Audio, electronic, visual, or similar information
  • Inferences

We have disclosed each category of personal information to the following categories of third parties: (1) service providers (data analytics data storage, mailing, marketing, payment processing, site administration, technical support); (2) corporate affiliates; (3) professional advisors such as accountants and attorneys; and (4) third parties with your consent.

Do Not Sell My Personal Information

Under the CCPA, you have the right to direct us to stop selling your personal information to third parties and to refrain from doing so in the future. For purposes of the CCPA, we do not sell personal information as defined under applicable law.

Requests to Know And Requests to Delete

The CCPA gives California consumers the right to request that we (1) disclose what personal information we collect, use, disclose, and sell, and (2) delete certain personal information that we have collected or maintain. You may submit these requests to us as described below, and we honor these rights where they apply.

However, by way of example, these rights do not apply where we collect or sell a consumer’s personal information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s personal information occurred in California, and (3) no personal information collected while the consumer was in California is sold. In addition, de-identified information is not subject to these rights.

If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (1) treat the request as if it had been submitted in accordance with the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.

Request to Know. As a California resident, you have the right to request: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold and the categories of third parties to whom the personal information was sold; (5) the categories of personal information about you that we disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling personal information; and (7) the categories of third parties with whom we share personal information. Our response will cover the 12-month period preceding our receipt of a verifiable request. We are committed to responding to requests to know in accordance with applicable law. However, your rights are subject to limitations, such as:

  • We are only required to respond to requests to know twice in a 12-month period.
  • We are prohibited from disclosing Social Security numbers, driver’s license numbers, other government-issued identification numbers, financial account numbers, health insurance numbers, medical identification numbers, account passwords, security questions and answers or unique biometric data generated from measurements or technical analysis of human characteristics. We will, however, inform you with sufficient particularity that we have collected the type of information.

Request to Delete. As a California resident, you have a right to request the erasure/deletion of certain personal information collected or maintained by us. As described herein, we will delete your personal information from our records and direct any service providers (as defined under applicable law) to delete your personal information from their records. However, we are not required to honor a deletion request if an exemption applies under the law.

Submitting a Request

Submission Instructions. You may submit a Request to Know or a Request to Delete via our request portals or by telephone call to (800) 501-8081. Regarding requests to delete, we may present you with the choice to delete select portions of your personal information, but a global option to delete all personal information will be offered and more prominently presented.

Right to Know Online: Request Portal

Request to Delete Online: Request Portal

Verification Process. We are required by law to verify the identities of those who submit Requests to Know or Requests to Delete. To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you. As a part of this process, you will be required to provide your name, email address, address, and/or telephone number. We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our privacy policy.
  • If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.
  • If we cannot verify the identity of the person making a Request to Delete, we may deny the request.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Authorized Agents. Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with signed permission to do so; (2) verify your identity directly with us; and (3) directly confirm with us that you provided the authorized agent permission to submit the request. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.

Excessive Requests. If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

CCPA Non-Discrimination

You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA. Our financial incentives and price or service differences are reasonably related to the value of the data, and we do not discriminate against consumers for exercising their rights under the CCPA.

California Shine the Light

Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us.

CANADA PRIVACY RIGHTS

This subsection applies only to residents of Canada.

TRANSFERRING YOUR PERSONAL INFORMATION.

We may process, store, and transfer your personal information in and to the United States. These jurisdictions have different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into the Site and visiting your account profile page.

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may write to us using the contact information provided below to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us using the contact information provided below. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

THIRD-PARTY SITES

This Policy is applicable only to the Site, and it does not apply to any third-party websites.

The Site may contain links to, and media or other content from, third parties. These links are to external resources and third parties that have their own privacy policies. Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to external, third-party resources. If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website. You can check the URL to confirm that you have left this Site.

We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on this Site.

Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. Our Site and services are not directed to children aged 13 or younger, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the Site or provide any information to or on the Site. If you are under 13, please do not use or provide any information on the Site (including, for example, your name, telephone number, email address, or username). If we learn that we have collected or received personal information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 13, please contact us using the contact information provided below.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

UPDATES AND CHANGES TO THIS POLICY

We reserve the right, at any time, to add to, change, update, or modify this Policy to reflect any changes to the way in which we treat your information or in response to changes in law. Should this Policy change, we will post all changes we make to this Policy on this page. If we make material changes to this Privacy Policy, we will place a notice on our Platform(s) near the link to this Privacy Policy and may also send, at our option, a notice to the email address that you have provided. Any such changes, updates, or modifications shall be effective immediately upon posting on the Site. The date on which this policy was last modified is identified at the beginning of this Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your information according to the terms of the then-current Policy. If you do not agree with this Policy and our practices, do not access, view, or use any part of the Site.

CONTACT US

For more information, or if you have any questions or concerns regarding this Policy or wish to exercise your rights, you may contact us using the information below, and we will do our best to assist you.

In Writing:

ACN Legal Department

9600 Parkside Drive

Knoxville, TN 37922

By Telephone: (800) 550-8393

For California Residents:

Right to Know Online: Request Portal

Request to Delete Online: Request Portal 

By Telephone: (800) 501-8081