Privacy Policy

Last updated: October 25, 2023

This Privacy Policy is posted to help you understand how the TheUbiqueGroup.com (the “Site”) (in addition to its additional web properties) collects, stores, processes, and uses the information you share when you browse and shop with us. It also explains your rights in relation to your personal information and how to contact us. You must be at least 18 years old to use this Site.

Please review this Privacy Policy carefully. By using the Site, you accept the practices described in this Privacy Policy. If you would rather we not collect and process information about you, please do not provide it to us and do not access the Site.

By accessing, using, or submitting information to the Site, you agree to this Privacy Policy and Our Terms.

Personal Information We Collect About You

We have collected personal information about consumers within the preceding twelve (12) months as noted here:

As noted in the above chart, We collect the above personal information directly from you via the Site, and from your interactions with the Site, including any personal information which you provide directly or indirectly.

Directly

Through the Site: We collect any personal information which you submit directly to the Site, including whether you indicated an interest in the products featured on the Site, and all personal information that you submit through the Site in conjunction with your purchase of products and/or any requests for information. For instance, on our checkout forms, we collect any information input through our Site webform which is necessary to service your order (which may include but is not limited to your first name, last name, email address, billing/shipping address, phone number, and payment credentials). To the extent that you subscribe to receive our email newsletter, we collect your first name, last name, email address, and information on whether you are a business or an individual consumer. To the extent that you contact us through the Site, we also collect the personal information that you submit in conjunction with your communication, including but not limited to your first name, last name, email address, and phone number.

Indirectly

Cookies and Tracking Pixels on the Site: We collect the above personal information directly from you via the Site, including from cookies on the Site. We use and store cookies and tracking pixels on the Site, as described further, to facilitate and customize your use of the Site.

A cookie is a small data text file, which is stored on your computer’s hard drive (if your web browser permits) that can later be retrieved to identify you to us. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can later be retrieved to identify you to us. Personal information that we store about you may be linked to the information stored in and obtained from cookies. Cookies make your use of the Site easier, make the Site run more smoothly, help us to maintain a secure Site, keep track of your shopping cart, and personalize your experience on the Site.

Tracking pixels (also known as web beacons, 1x1 pixels, or clear GIFs) are code requiring a call back to a server to render, and which deliver information to us about your IP address and information from your browser.

Cookies and tracking pixels are used to track your interaction with the Site, including clicks. Cookies and tracking pixels may collect information about you, such as your IP address, your browser type and version, operating system, software and platform, your Internet service provider, geographic location, the area code and zip code associated with your server, time zone setting, the date(s) and time(s) of your visit(s) to the Site, the time spent on the Site, the specific pages accessed during your visit(s) to the Site, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords, and click stream data. Your IP address is used to help identify you and your shopping cart.

In addition to the Site’s own cookies and tracking pixels, third party technologies like cookies and tracking pixels may also be used to collect personal information, to help us analyze where visitors go and what they do while visiting our Site. Specifically, we use Google Analytics. If you would like more information, see How Google uses data when you use our partners' sites or apps.  

Cookies and Tracking Pixels in Our Emails: Apart from use of the above technologies on Our Site, we automatically collect information when an individual opens one of our emails, through the use of cookies and tracking pixels. We also automatically collect information on whether the individual clicked on any links within such emails. We use third party email service providers to help us with our remarketing efforts and email campaign automation, including Listrak, Wunderkind, and Salesforce. Such third party email service providers may automatically collect personal information to help us measure and track our email marketing efforts when an individual opens an email promoting the Site or clicks on a link included in such email, through the use of cookies and tracking pixels. If you request to unsubscribe from receiving emails, we and our third party email service providers may add your email address to a suppression file, to comply with CAN-SPAM.

From Third Parties: As noted above in the chart, in addition to collecting personal information through the Site, we also collect personal information through third party data analytics provider, Google Analytics. Further, we use third party customer service provider TalkDesk to provide customer service to our customers who contact us using the number shown on the Site. During the course of a call placed by a consumer, additional personal information may be collected through TalkDesk, such as the customer’s name, phone number, email address, gender, and call information (e.g., call date, call time, call duration, and call context). If you would like more information, see https://www.talkdesk.com/terms-of-service/privacy-policy/.

Tracking and How We Respond to Do Not Track Signals

You can instruct your web browser to refuse all cookies or to indicate when a cookie is being sent, by visiting the preferences or settings page of your web browser. In the event that your browser requests that we do not track you or store a cookie, unless otherwise required by law to honor the requests, we do not guarantee that the Site will honor such requests. Please note that we do not guarantee that the Site will work properly in the event that you elect to opt out of our tracking or use of cookies.

How We Use Collected Personal Information

Providing the Site: We use the information we gather on the Site to provide information on and fulfill orders for the featured products. We also use information collected through your use of the Site for all of the reasons noted above in the chart.

With Whom Do We Share Your Personal Information

We have disclosed personal information about consumers for a business purpose to third parties within the preceding twelve (12) months as noted here:

We may disclose the above personal information internally with our parent company and any subsidiary and affiliated companies. As noted above, we may also disclose personal information in the above noted categories to our third party service providers to send you information about your order(s); fulfill your order(s); process and collect your credit card payment(s) for order(s); deliver and track order(s) and deliveries; send ads via postal mail and e-mail on our behalf; provide search results and links; customize, analyze, adjust and improve our Site to better meet your needs; enforce our agreements with you; and prevent fraud and other prohibited or illegal activities.

Our third party service providers may use your personal information to create anonymized and aggregated data about our users (“Anonymized Data”). We may provide third parties with Anonymized Data in describing our site to prospective partners, advertisers and other third parties, and for all other lawful purposes. As communicated to third parties, the Anonymized Data does not include any information permitting the recipient to identify, locate or contact you.

If the purchased products are being shipped to you, your shipping information will be shared with our delivery service providers. These third party service providers have access to personal information needed to perform their functions and carry out their agreements with us.

We may disclose the above personal information with third party service providers which may include but are not limited to Listrak, Wunderkind, and Salesforce to help us with our remarketing efforts, email campaign automation, and email newsletter, and tracking clicks/conversions through such marketing and advertising services. Also, if you request to unsubscribe from receiving email newsletters from us, we may share your email address with such third party service providers to effectuate your request to unsubscribe and to comply with CAN-SPAM.

We may also disclose personal information in the above noted applicable categories if legally required to do so, in our sole discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

In the event of a merger, acquisition, or sale of our business, your personal information may also be transferred. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such personal information in a transaction approved by the court.

We retain personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.

This Site is hosted in the United States. If you are visiting our site from outside the United States, your information may be transferred to, stored, and processed in the United States in accordance with this Privacy Policy and applicable United States laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Site, you consent to the transfer of your information as described in this Privacy Policy.

Security

We have instituted reasonable safeguards to help ensure that information collected is secure. We also take reasonable steps to ensure that third parties who work with us to make the Site (including the software, applications, and services provided on the Site) available to you agree to protect personal information that they must access to serve you and to honor your preferences about contacts you receive.

When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Site, your payment card information is encrypted using SSL encryption. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select "Properties".) These secure SSL-encrypted pages have URLs that start with "https://" instead of "http://".

It is possible for third parties to access information despite our best efforts. Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our service providers in connection with your use of the Site will be used in the manner described above.

As a result, you acknowledge that there are security and privacy limitations of the Internet which are beyond our control; the security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and any such information and data may be viewed or tampered with in transit by a third party. We make no warranty, express, implied, or otherwise, regarding the security of the Site and your personal information. Please do not use the Site if you do not agree to the terms and conditions described in this Privacy Policy.

Children

You must be an adult of 18 years or older to use the Site. We do not target the Site to children. Consistent with the federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), We will never knowingly collect personal information from anyone under the age of 13 without requesting parental consent.  If you are aware that your minor child under the age of 13 has provided us with personal information, please contact us.

California Residents – Your Privacy Rights

If you are a California resident under the meaning of Sec. 17014 of Title 18 of the Cal. Code of Regulations, your use of the Site is subject to the California Consumer Privacy Act (“CCPA”), and all final, implementing regulations.

Under the California Consumer Privacy Act of 2018 (“CCPA”) (Cal. Civ. Code § 1798.100 et seq.), a consumer has the following rights:

(A)       Notice at Collection: at or before the point of collection, the right to receive notice of our practices, including the categories of personal information and any sensitive personal information to be collected; the purposes for which such information is collected or used; whether such information is sold or shared; and the length of time that such information is retained. This information is found within this section.

(B)       Right to Know What Personal Information is Collected & Right to Access Personal Information: The right to know what personal information the business has collected about the consumer, including the categories of personal information, categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about the consumer;

(C)       Right to Delete: The right to request that a business delete personal information that the business has collected from the consumer, subject to certain exceptions;

(D)       Right to Correct: The right to correct inaccurate personal information that a business maintains about a consumer;

(E)       Right to Opt-Out of the Sale or Sharing of Personal Information: if the business sells or shares personal information, the right to opt-out of the sale or sharing of personal information by the business;

(F)        Right to Limit the Use or Disclosure of Sensitive Personal Information: if the business uses or discloses sensitive personal information for reasons other than those in § 7027(m), the right to limit the use or disclosure of such sensitive personal information; and

(G)       Right to No Discrimination: The right not to receive discriminatory treatment by the business for the exercise of CCPA privacy rights.

Information regarding our collection, disclosure, and sale/sharing practices are detailed below, in addition to instructions on how to exercise your CCPA rights.

What Personal Information Do We Collect? 

We have collected personal information about consumers within the preceding twelve (12) months as detailed above under the “Personal Information We Collect About You” heading.

What Personal Information Do We Disclose?

We have disclosed personal information about consumers for a business purpose to the third parties identified under the “With Whom Do We Share Your Information” heading above in the preceding twelve (12) months. We do not use or disclose sensitive personal information for purposes other than those specific in Section 7027(m).

What Personal Information Do We Sell or Share? 

We have not sold or shared any personal information for a business purpose in the preceding 12 months.

We do not have any actual knowledge of the sale of personal information of minors under 16 years of age.

Notice of Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to limit our use and disclosure of your sensitive personal information. You may submit a request by emailing us at dpo@belnick.com.

To the extent that you have opted-out and then initiate a transaction or attempt to use our products or services requiring the sale or sharing of your personal information, we may inform you that the transaction, product, or service requires the sale of our personal information and provide instructions on how you can consent to the sale or sharing of your personal information.

How to Submit a Request Under the CCPA

To submit a request to know, request to delete, and/or request to correct, please email us at dpo@belnick.com. To process your request, we may require that you submit the following information in conjunction with your request: your first name, last name, a California address, and email address. The information which you provide will be used to verify your request and to attempt to identify you within our data records. The information which you submit in conjunction with your request to know will be used for the express purposes of verification and providing you with responsive information to your request, if required. Please note that we utilize a two-step process for requests to delete, whereby you first submit your request to delete, and second, you separately confirm that you want your personal information deleted. The CCPA permits requests to know regarding collection and sale or sharing from the same consumer no more than twice in a twelve (12) month period.

How an Authorized Agent Can Make a Request Under the CCPA

If you elect to use an authorized agent to exercise your right to submit a request to know, request to delete, and/or request to correct, before processing the request, we require the purported authorized agent to provide proof of your signed permission to submit the request (unless there is a power of attorney in place pursuant to Probate Code §§ 4121-4130). We also require that you directly verify your own identity with us, and directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information submitted will not be used for any purposes other than to verify the request, fulfill the request, and fraud prevention.

Updates

We may revise this section from time to time as implementing regulations further develop and come into effect and we are able to provide you with better information on your CCPA rights and how to exercise them.

Nevada Residents – Your Privacy Rights

Under the definition of “Sale” in the Nevada Revised Statutes, we do not sell your covered/personal information. If you are a Nevada resident and would like to make a request under Chapter 603A of the Nevada Revised Statutes, please email us at dpo@belnick.com.

Virginia Residents – Your Privacy Rights

Pursuant to the Virginia Consumer Data Protection Act (“CDPA”) (Code of Virginia § 59.1-571 et seq.), the categories of personal data that are processed are detailed above under the “Personal Information We Collect About You” heading. The categories of personal data that are shared with third parties and the categories of such third parties are also noted above under the “With Whom De We Share Your Personal Information” heading.

Processing of Sensitive Personal Information

To the extent that you place an order for products, we process your specific geolocation data for the purpose of fulfilling your order(s); processing the transaction(s); export/shipping order(s); delivering and tracking orders(s) and deliveries; and to provide customer support/service. By placing an order for products, you consent to our processing of sensitive personal information consistent with our business services.

Virginia residents have the following rights under the CDPA:

• Right to access: to request confirmation on whether we process the consumer’s personal data and obtain access such personal data;
• Right to correct: to correct inaccuracies in the consumer’s personal data;
• Right to delete: to delete personal data;
• Right to data portability: to obtain a copy in a portable and, to the extent technically feasible, readily usable format; and
• Right to opt-out of certain data processing: to opt-out of the processing of personal data for targeted advertising, sale of personal data, or profiling.

Virginia residents that wish to exercise any of the above rights under the CDPA may submit a request that specifies that you are a Virginia resident and details the right(s) you wish to invoke by emailing us at dpo@belnick.com. To the extent that we decline to act upon your request, you may appeal by emailing us at dpo@belnick.com.

Cross-Border Transfer

This Site is controlled and operated from the United States, and except as otherwise expressly provided herein, is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your personal information may be stored and processed in any country where we have facilities or in which we engage third-party service providers. By using the Site, you consent to the transfer of such information to third-party service providers outside of your country of residence, which may have different data protection rules than those of your country.

European Economic Area and UK Residents

If you are an individual in the European Economic Area (EEA) and/or the UK:

At this time, we do not accept direct orders from EEA and UK individuals. We collect and process personal information about EEA and/or UK individuals in limited instances, namely where we receive such personal information through our third-party vendors in the EEA and/or UK and only where we have a legal basis for doing so under applicable laws.

We rely on the following as lawful reasons for the collection, use, and processing of personal information:

• To the extent necessary for the purposes of our legitimate interests, such as to provide our third-party vendors with customer support/service;
• To the extent necessary to provide you and our third-party vendors with the ordered products, including but not limited to, process transactions, export/ship orders, deliver orders, track orders and deliveries, comply with VAT, and to provide customer support/service;
• It satisfies a legitimate interest that is not outweighed by your data protection rights and interests, such as for research and development, to market and promote our services, and to protect our legal rights and interests;
• To the extent necessary to protect the vital interests of a data subject or of another natural person, such as to respond to your requests and inquiries;
• You give us consent to do so for a specific purpose, which you may withdraw at any time;
• To the extent necessary for compliance with a legal obligation.

Your personal information may be stored and processed on computers in and outside the United States. By using the Site, you consent to the transfer of such information to countries outside of your country of residence, which may have different data protection rules from those of your country.

Under the GDPR, if you are an EEA resident, you have a number of important rights free of charge. In summary, those include rights to:

• Fair processing of information and transparency over how we use your personal information;
• Access to your personal information and to certain other supplementary information that this Privacy Policy is already designed to address;
• Require us to correct any mistakes in your personal information which we hold;
• Require the erasure of personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third-party in certain situations;
• Object at any time to processing of personal information;
• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affecting you;
• Object in certain other situations to our continued processing of your personal information;
• Otherwise restrict our processing of your personal information to certain circumstances; and
• Claim compensation for damages caused by our breach of any data protection laws.

If you would like to exercise any of those rights, please:

• Email or write to us at the contact details below;
• Let us have enough information to identify you;
• Provide proof of your identity and address; and
• Let us know the information to which your request relates.

EU-U.S. Data Privacy Framework (EU-U.S. DPF) and U.K. Extension to the EU-U.S. DPF, and Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF)

Belnick, LLC (dba Ubique Group) and Belnick Retail LLC (collectively referenced herein as “We”) comply with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. Belnick, LLC (dba Ubique Group) and Belnick Retail LLC have certified to the U.S. Department of Commerce that they adhere to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Belnick, LLC (dba Ubique Group) and Belnick Retail LLC have certified to the U.S. Department of Commerce that they adhere to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (“DPF”) Program, and to view our certification, please visit: https://www.dataprivacyframework.gov/

We commit to subject to the DPF Principles all personal data received from the European Union and, as applicable the United Kingdom (and Gibraltar), and/or Switzerland in reliance on the relevant parts of the DPF program.

We collect the types of personal data identified under the “Personal Information We Collect About You” heading. We collect and use such personal information for the purposes identified under the same heading. The types of third parties to which we disclose personal information, and the purposes for such disclosure are also noted above under the “With Whom Do We Share Your Personal Information” heading.

Under the Principles, individuals have the following rights:

• The right to access their personal information and be able to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Principles;
• The right to choose (e., opt out) whether their personal information is (i) disclosed to a third party, or (ii) used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individual

To exercise any of the above rights, please email us at: dpo@belnick.com

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss U.S. DPF, We commit to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK and Swiss individuals with inquiries or complaints regarding Our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension and the Swiss-U.S. DPF should first contact: dpo@belnick.com.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss U.S. DPF, We commit to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if We have not addressed your DPF Principles-related complaint to your satisfaction, please visit: https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

The Federal Trade Commission has jurisdiction over our compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

Under certain conditions, you have the ability to invoke binding arbitration for complaints regarding DPF compliance that are not resolved by any of the other DPF mechanisms. For more information, please visit: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2

The DPF Principles subject us to a requirement to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In the case of any onward transfers to third parties, we are liable for any such third parties to the extent that they process personal information in a manner inconsistent with the DPF Principles.

Changes

This Privacy Policy was published and last updated as of the date noted above. We may update this Privacy Policy from time to time by updating this posting. Changes to this Privacy Policy are effective when they are posted. You acknowledge and agree that it is your responsibility to review this Site and this Privacy Policy periodically and to be aware of any modifications. Your use of the Site after such modifications will constitute your acknowledgment of the modified Privacy Policy; and agreement to abide and be bound by the modified Privacy Policy.

Contact Us

If you have any questions or concerns regarding your privacy rights or our Privacy Policy, you may contact us via email at dpo@belnick.com, or by mail at 4350 Ball Ground Hwy., Canton, GA 30114.

Do You Need Extra Help?

If you have a disability which interferes with your ability to access this policy, we can make accommodations to present the policy in an alternative format to assist you. If you would like to receive this Privacy Policy in another format that is accessible to your needs (for example: audio, large print, etc.) please contact us.

© 2023. TheUbiqueGroup.com. All rights reserved.