(Last Updated: February 21, 2023)
PERSONAL INFORMATION WE COLLECT
Personal Information is information that relates to an identifiable or identified individual. GU collects the following categories of Personal Information:
- Identifiers, such as an individual’s name, address, telephone number, e-mail address;
- Commercial information, such as credit card (or other account number) when directly linked to you, and information about your purchases;
- Demographic information, such as date of birth, gender, geographic area and preferences when such information is linked to other Personal Information that identifies an individual;
- Employment related information (if you are applying for a job with us);
- Internet or other electronic network activity information, including your browsing history, search history, and information regarding your interaction with the Site, any mobile applications that connect to the site, or advertisements served on the Site; and
- Inferences that we draw based on our use of any of the Personal Information we collect as described in this Policy.
Personal Information does not include “aggregate” information. Personal Information also does not mean Publicly Available information, or truthful and lawfully obtained information that is a matter of public concern. “Publicly Available” means information that is lawfully made available from federal, state, or local government records; or information that we have a reasonable basis to believe is lawfully made available to the general public by you or from widely distributed media; or information made available by a person to whom you disclosed the information if you have not restricted the information to a specific audience (for example accessible by “friends only” on Facebook).
HOW WE COLLECT PERSONAL INFORMATION
We collect Personal Information in several different ways: 1) when you directly give GU your Personal Information (“Directly Collected”), 2) when you use our Site (“Automatically Collected”), and 3) when we receive Personal Information from third parties (“Third Party Collected”).
You provide Personal Information to us directly when you use the Site. For example, you provide us with Personal Information when you:
- purchase GU products on the Site;
- participate in a survey, contest, sweepstakes, or other promotion on the Site;
- contact us by e-mail for any reason, such as to request help with the Services, or to provide us with your comments/feedback;
- submit a resume to us through the Site
- submit Personal Information in connection with photos/stories for potential use and/or publication on the Site.
Additionally, when you visit our Site, some Personal Information is automatically collected:
- Through your browser: Certain information is collected through most devices, such as your Media Access Control ("MAC") address, device manufacturer and model, device identifier, screen resolution, and the type and version of your operating system and browser.
- Server log files: An Internet Protocol ("IP") address is a number that is automatically assigned to a device by an Internet Service Provider ("ISP"), and is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the Site.
FLASH LOCAL STORED OBJECTS
We and our service providers may use a third-party technology, called Flash, in connection with the Site, including our online content. Flash provides a facility, referred to as Local Stored Objects ("LSO"), that allows us (or our service providers) to store certain information locally on your device. If you do not want Flash LSOs stored on your device, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel.
PIXEL TAGS AND OTHER SIMILAR TECHNOLOGIES
Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some pages of the Site and HTML-formatted email messages to, among other things, render such pages to you on various hardware devices and operating system versions, track the actions of users and email recipients, measure the success of marketing campaigns and compile statistics about usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a user, and the IP address, browser type and operating system of such user’s device.
THIRD PARTY COLLECTED
- Financial institutions (e.g. your credit card company or your bank);
- Credit reporting agencies (if you are applying for credit with us);
- Previous employers (if you are applying for a job with us);
- Background screening companies (if you are applying for a job with us);
- Our services providers;
- Marketing partners; or
- Marketing and advertising agencies and networks.
While we collect Personal Information from all these sources, we will only use and disclose Personal Information in accordance with this Policy.
HOW WE USE PERSONAL INFORMATION
In general, we use Personal Information collected on the Site to:
- provide the Services and otherwise process transactions on the Site,
- to provide support for the Services,
- to respond to user requests and inquiries,
- to maintain a record of our dealings with Site users,
- to develop new products and services and to inform users about products or services we think will be of interest.
When we use your Personal Information in our marketing efforts, we provide you with choices (see “Choice,” below). Additionally, if you live in a state which provides you with additional rights related to your Personal Information, please see the section below labeled “State Specific Privacy Rights”.
We may also use certain Personal Information in connection the following, related business purposes we have:
- To administer and fulfill our contests, sweepstakes and other promotions;
- To help us improve the customer experience, including by learning more about your preferences to help personalize your experience with us, ;
- To operate a gift registry for which you are a registrant or co-registrant;
- To allow you to send messages to a friend through the Site (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and email address for such purpose);
- To analyze trends and statistics in connection with our business and the Site, including to measure the success of marketing campaigns and to compile statistics about usage and response rates;
- To protect the security or integrity of our business and the Site; and
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our affiliates or others; and (g) to allow us to pursue available remedies or to limit the damages that we may sustain.
We may also receive information from third parties with whom we have business relationships, and may combine this information with the other Personal Information we maintain about you (for example, we may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with billing for GU products). If we do so, this Policy governs such information.
SHARING PERSONAL INFORMATION
We share Personal Information with third parties as described in this Policy. More specifically, we share Personal Information:
- With service providers who assist us in performing internal functions necessary to operate our business as described in this Policy. In all cases we limit the information shared with our third-party vendors to that which is necessary to carry out those functions.
- When we believe it is appropriate to comply with the law (e.g., a subpoena, warrant or court order) or with requests of law enforcement authorities, or other similar inquiries;
- to enforce or apply this Policy or our other policies or agreements;
- to initiate, render, bill and collect for amounts owed to us;
- to protect our or our customers’ rights, property or safety;
- to protect our customers from fraudulent, abusive, or unlawful use of, our Site;
- or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay; or
- as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.
The purposes for this disclosure are limited to the purposes described in this Policy.
We use reasonable security measures in an effort to prevent loss, misuse and alteration of information while it is under our control. We cannot, however, guarantee the protection of information against interception, misappropriation, misuse or alteration, nor can we promise that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Furthermore, we have no control over the security of other sites you might visit, interact with or do business with.
To opt-out of receiving marketing or other promotional communications from us, or to access, change or delete your personal information maintained by us, we provide you with the following options: you may
(1) fill out our contact form or
(2) write to us at the following address with your request:
Attn: Web Site 1609 4th St. Berkeley, CA 94710
STATE PRIVACY RIGHTS
Residents of some states in the US have certain rights, under the specific state law, as it relates to how their Personal Information is handled. These are the “right to know,” the “right to delete,” and the “right to correct.” Please note that these rights are not absolute, and are subject to a number of exceptions. Should we decline any request to exercise a right noted below, we will provide you a explanation of the reason for our declining such request.
Right to Know. You may request us to provide you the specific pieces of Personal Information that we have about you, categories of Personal Information we have collected about you, categories of sources from which the Personal Information is collected. Please note that much of the information for which you can make a request is already contained in this Policy. Should you wish to exercise this right, please contact us via one of the methods noted below under “Exercising State Privacy Rights”. Please note that your rights are limited. Should we decline to fulfill your request to know, we will provide you with a reason within 45 days of your request.
Right to Correct. You have the right to correct any Personal Information which is manifestly incorrect. However, Personal Information which is objectively correct, or is merely opinion data, may not be subject to this right. Should you wish to exercise this right, please contact us via one of the methods noted below under “Exercising State Privacy Rights”. Please note that your rights are limited. Should we decline to fulfill your request to correct, we will provide you with a reason within 45 days of your request.
Right to Delete. Some state law gives its residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested.
Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide information or a service requested by you or the Subscriber affiliated with you, or reasonably anticipated within the context of our ongoing business relationship with you or the Subscriber affiliated with you, or otherwise perform a contract between us and you or the Subscriber affiliated with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information.
As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable an account. If you would like to request deletion of Personal Information, please contact us via one of the methods noted below under “Exercising State Privacy Rights.” If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. Please note that your rights are limited. Should we decline to fulfill your request to delete, we will provide you with a reason within 45 days of your request.
Right to Opt-Out. While we do not sell your Personal Information to unaffiliated third parties in the traditional sense, we do share Personal Information for marketing purposes, which could be construed as a “sale” or “sharing” under applicable law. As noted in the “Choice” section above, you may opt-out of our sharing your Personal Information for marketing purposes.
If you choose to decline cookies, some or all of the features, functionality and promotions available through the Site − such as the shopping cart, ability to view certain pages, and even placing orders or reviewing your order history – may not be available to you.
Finally, Some browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”). As this standard has not been finalized, and is not generally accepted in the industry, the Sites are not compatible with DNT. Additionally, since we do not deploy third party cookies for purposes of cross contextual behavioral advertising, the Site does not respond to Global Privacy Control signals, or similar browser settings.
Designating an Authorized Agent. Some state law permits residents of that state to designate an agent to manage their rights under state law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising State Privacy Rights.” Note that if you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.
Non-discrimination. Some state law prohibits discrimination against you because you exercised any your rights under state law, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising State Privacy Rights. If you are a resident in a state which provides separate privacy rights, and would like to exercise any of your rights, you may do so by contacting us at firstname.lastname@example.org, calling use at 1-800-400-1995, or by following the mechanism noted above in the “Choice” Section. Please be aware that we will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.
Appealing a decision we have made regarding your request. Some states allow you to appeal our decision to decline your request to exercise your rights. To appeal a decision we have made regarding your request, you may do so by contacting us as described above or via the form on the Site, or via toll-free number (800) 555-1212. We will respond to appeals from Virginia and Connecticut residents within 60 days. We will respond to appeals from Colorado residents within 45 days.