Privacy Policy

LAST UPDATED:

 

April 24, 2023

 

INTRODUCTION

 

MOODEAUX®, LLC (“MOODEAUX®,” “Company,” we” or “us”) operates the moodeaux.com / moodeauxofficial.site website (the “Site”), where you can sign up to our newsletters, shop our products, send us requests/inquiries and browse through various information on our products and the company, or use any other products and services made available by us (collectively with the Site, the "Services").

 

When using the Services, MOODEAUX® may process your personal data and when doing so the company is acting as a data controller.

 

At MOODEAUX®, we are committed to protecting your privacy. It is important that you read the following policy (“Privacy Policy”) carefully to understand our policies and practices regarding your personal information and how we will treat your personal information. The use of information collected through our Services will be limited to the purposes described under this Privacy Policy and our Terms of Service (or other relevant customer contracts). By accessing or using the Services, you agree to this Privacy Policy. Please be aware that if you are using the Services on behalf of an entity, you are agreeing to this Privacy Policy for that entity and are representing to us that you have the authority to do so (in which case “you” will refer to that entity). If you do not agree with our policies and practices, your choice is not to use the Services.

 

WHAT PERSONAL DATA DO WE COLLECT

 

While using our Services, we may ask you to provide us with certain personally identifiable information (collectively referred to as “personal information”). The personally identifiable information requested varies depending on the Services in question.

 

Our web store: When you purchase our products, we collect necessary information in order for us to be able to service and process your purchase order. That includes information on your purchase request, contact information and shipping address (including phone number).

Newsletter/SMS sign-up: If you sign up for our newsletter or text message marketing (SMS), we process your contact information for the purpose of communicating with you.

Survey responses/reviews: If you complete a brand/product survey or leave a product review, we may utilize and/or share aspects of your responses/reviews in promoting our brand/product(s). Promotion channels include, but are not limited to: our Site, via social media and/or third-parties, namely retailers/wholesalers. These aspects solely include information detailing your specific purchase, the first name and initial of the last name associated with your submission and the review itself. 

Requests/inquiries: When you send us requests or inquiries, we process your contact details as well as the information you send us for us to respond.

Log data and cookies: When browsing our Site, we may collect log data and cookies, as further described in this Privacy Policy.

 

HOW WE COLLECT INFORMATION

 

This Privacy Policy sets out what personal data we might collect, how we process and protect that data and the lawful grounds for that processing. In most cases, the lawful ground will be that the processing: (i) is necessary for our legitimate interests in carrying out our business, including to grow and improve our Services, provided those interests are not outweighed by your rights and interests (“Legitimate Interests”), (ii) is necessary to perform a contract with you (“Contract”), or (iii) we have a legal obligation to carry out the processing (“Legal Obligation”). Where processing is based on your consent (“Consent”), we will identify the processing purposes and provide you with relevant information to make the processing fair and transparent.

 

INFORMATION WE COLLECT AUTOMATICALLY

 

We may also collect information that your browser sends whenever you visit our Site ("log data"). This log data may include:

 

- Your browser type and operating system

- Your browser type and operating system

- Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area

- Geolocation information

- Other unique identifiers, including mobile device identification numbers

- Sites you visited before and after visiting the Services

- Pages you view and links you click on within the Services

- Information collected through cookies, web beacons, and other technologies

- Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were opened or forwarded

- Standard server log Information

 

In addition, we may use third-party services that collect, monitor, and analyze this type of information to increase our Services' functionality. These third-party service providers have their own privacy policies addressing how they use such information. You can click on the hyperlinks below to view their privacy policies.

 

Klaviyo: https://www.klaviyo.com/privacy/policy

Google Analytics: https://policies.google.com/privacy?hl=en

Google Forms: https://policies.google.com/terms

Shopify: https://www.shopify.com/legal/privacy

Instagram: https://help.instagram.com/519522125107875

Facebook: https://www.facebook.com/policy.php?ref=pf

Route: https://route.com/privacy

Typeform: https://admin.typeform.com/to/dwk6gt?typeform-source=www.google.com

 

We collect the above information in a variety of ways, including by using “pixel tag,” “web beacons” and “cookies.”

 

COOKIES

 

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and transferred to your device. We use cookies to collect information to improve our services for you.

 

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

 

If you do not accept cookies, you may not be able to use some features of our Services and we recommend that you leave them turned on.

 

TYPES OF COOKIES WE USE

 

Strictly necessary cookies: These are essential cookies that let you move around the Site and use its features, like accessing secure areas. Without them, services registration and logging in cannot be provided. These cookies do not collect any information about you that could be used for marketing or remembering where you've been on the internet.

Performance cookies: These collect information about how you use our Site, for instance, which pages you go to most often, and if you get error messages. They do not collect information that identifies you; all the information is anonymous. It is used only to improve how the Site works.

Functionality cookies: These remember choices you make (such as your username, language or the region you are in) and provide personal features. They can remember changes you have made to text size, fonts, and other parts of web pages that you can customize. They may also provide services you have asked for, such as watching a video or commenting on a blog. The information they collect can be made anonymous. They cannot track other websites or apps you visit.

Targeting cookies: These deliver adverts or messages relevant to you and your interests. Sometimes targeting cookies are linked to other sites, such as Facebook.

 

Within these four categorizations of cookie, cookies are sorted as either temporary ('session' cookies) or more long-term ('persistent' cookies).

 

Analytics cookies: We use a set of cookies to collect information to analyze and report Site usage statistics without personally identifying individual visitors with tools such as Google Analytics. This helps us understand how visitors to our Site use it and to make recommendations based on browsing history and engagement.

'Session' cookies: Link your actions in one session only. This 'session' starts when the webpage or app is opened and finishes when it is closed. Then the cookie is deleted forever.

'Persistent' cookies: Are where the cookie remains on your phone or computer for a specific period. They are activated automatically when you visit a particular website or app.

 

If you would like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

 

PIXEL TAGS

 

Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.

 

DO NOT TRACK DISCLOSURE

 

We support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

THIRD PARTY INFORMATION COLLECTION

 

We may allow third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform services and/or to assist us in analyzing how our Service is used. Such third parties may include:

 

Service providers: We may share your information with our agents and service providers that perform certain functions or services on our behalf, such as to host the Services, manage databases, host a store or other e-commerce platform, perform analyses, or conduct surveys.

Select business partners: We may share your information with select business partners so that they can provide you with special offers, promotional materials, advertisements and other materials that may be of interest to you. However, we are not responsible for the privacy practices of these business partners, which may use your information for their own purposes.

Other parties when required by law or as necessary to protect the services: We may disclose your information to third parties in order to protect the legal rights, safety, and security of the Company and the users of our Services; enforce our Terms of Service; prevent fraud; and comply with or respond to law enforcement or a legal process or a request for cooperation by a government or other entity, whether or not legally required.

In connection with a transfer of assets: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.

Other parties with your consent: We may share information about you with other third parties when you consent to such sharing.

Aggregate information: We may disclose to third parties information that does not describe or identify individual users, such as aggregate website usage data or demographic reports.

 

These third parties may have access to your personal information to perform specific tasks on our behalf and, if so, are obligated not to disclose or use your information for any other purpose. We provide the service providers with only the personal information necessary for them for the above purposes and we conclude an agreement under which they are obliged to keep your information safe and use them for the above purposes only. For example, our courier service has selected access to your details for delivery purposes only.

 

The information collected and stored by third parties remains subject to their policies and practices. We do not control these third parties’ tracking technologies or how they may be used.

 

You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

 

SOCIAL NETWORKING SERVICES

 

The Services may allow you to post information to various third-party services or platforms, such as social networking services like Instagram, Twitter and Facebook. You acknowledge that if you choose to use this feature, your friends, followers and subscribers on these third-party services or platforms will be able to view such activity. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services. The use of the information by such social networking websites will be governed by their privacy policies, and we do not control their use of the shared data.

 

HOW WE USE YOUR INFORMATION

 

We may use information that we collect about you or that you provide to us, including personal information, to measure usage of the Services, to analyze the effectiveness of our Services, to conduct research, to improve and enhance functionality of the Services, to provide support for the Services and respond to requests and inquiries, to provide you with notices, such as updates or changes that we may make to the Services, and to market and advertise the Services, including through promotional e-mail messages, directly or in partnership with other parties, and by displaying our advertisements on other websites that you visit or use. We may also use this information to offer you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as behavioral advertising).

 

We may from time to time aggregate information in certain data analysis, reports, or other interpretations of trends for both internal and external purposes.

 

CHOICES ABOUT HOW WE COLLECT, USE AND DISCLOSE YOUR INFORMATION

 

We strive to provide you with choices regarding our collection, use and disclosure of the information you provide to us. The mechanisms listed below aim to provide you with control over such collection, use and disclosure:

 

Marketing communications: If you do not want us to send you marketing or promotional communications, you can opt-out by clicking the "unsubscribe" link in any such promotional emails or text/SMS messages (where applicable), replying "STOP" via text, checking the relevant box located on the form on which we collect your data or emailing us at hey@moodeaux.com.

Cookies: You have the option to accept or disable cookies at any time through your browser. You may refuse to accept browser cookies by activating the appropriate setting on your browser. If you choose to disable your cookies, your user experience may be limited.

Google Analytics: You can opt out of tracking by Google Analytics by using Google’s Ads Settings or going to https://tools.google.com/dlpage/gaoptout/. You may also opt out of Google marketing products, but please note that this does not opt you out of being served generic ads.

Mobile analytics: If you are using our App, we use Mobile Device IDs, instead of cookies, to recognize you. We use the Mobile Device IDs and other mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. These Mobile Device IDs are only tracking and collecting Non-Personal Information. The software may record information such as how often you use the Services, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from.

Third-party advertising: If you are interested in more information about tailored advertising and your choices to prevent third parties from delivering tailored web advertisements, you may visit the following websites: http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/. These opt-out tools are provided by third parties. We do not control or operate these tools or the choices that advertisers and others provide through these tools.

 

COMMUNICATIONS

 

We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email/text message we send or by contacting us.

 

PRESERVATION OF YOUR PERSONAL INFORMATION

 

MOODEAUX® tries to maintain your personal information accurately and reliably and update them as needed. We maintain your personal information for a maximum of seven (7) years unless you have given our consent to preserve them longer or if necessary, to comply with legal requirements.

 

SECURITY

 

The security of your personal information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, to protect it from unauthorized access, destruction, use, modification, or disclosure.

 

However, please be aware that no method of transmission over the internet, or method of electronic storage is ever fully secure.

 

LINKS TO OTHER SITES

 

Our Services may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

 

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

 

CHILDREN’S PRIVACY

 

Only persons age eighteen (18) or older have permission to access our Services. Our Services do not address anyone under the age of thirteen (13) years of age. If you are under the age of thirteen (13), you are not permitted to submit any personal information to us.

 

We do not knowingly collect personally identifiable information from children under thirteen (13). If you believe we might have any information from or about a child under the age of thirteen (13), please contact us at hey@moodeaux.com. If we become aware that we have collected personal information from children under age thirteen (13) without verification of parental consent, we take steps to remove that information from our servers.

 

YOUR RIGHTS REGARDING OUR PROCESSING

 

You have the right to access and, in certain circumstances, to get a copy of the personal data undergoing processing, as well as information about the processing.

 

In certain instances, you may also have the right to have your personal information erased, or to have us restrict the processing. You also have the right to have your personal information rectified if the data is wrong or inaccurate. It is therefore important that you keep us informed of changes of your personal information, as applicable.

 

You may also have the right to receive your personal information, which you have provided to us in a machine-readable format or the right to have us transmit those data directly to a third party.

 

When processing is based on our legitimate interests you can always object to the processing.

 

Your rights are however not absolute. Laws or regulations may authorize or oblige us to reject your request of exercising your rights. However, your right to object the processing of your personal data for direct marketing purposes is unconditional.

 

If you are unsatisfied with our processing of your personal information you are entitled to submit a complaint to a data protection authority, including the authority in the member states of the European Economic Area where your habitual residence is or your place of work.

 

NOTICE TO CALIFORNIA RESIDENTS

 

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to hey@moodeaux.com.

 

If you are under eighteen (18) years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

 

To request any other changes or information about our collection, use or disclosure of your information, please email us at hey@moodeaux.com. You can also visit our CCPA Privacy Notice for more information.

 

INTERNATIONAL USERS

 

Please note that the Services are directed towards users who reside in the United States (U.S.). By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States (U.S.), or other countries and territories, pursuant to the laws of the United States (U.S.). Some of these countries may not offer the same level of privacy protection as your own.

 

CHANGES TO THIS PRIVACY POLICY

 

We reserve the right to update or change our Privacy Policy at any time and you we encourage you to check this Privacy Policy periodically. Your continued use of the Services after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

 

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our Site.

 

CONTACT US

 

If you have any questions about this Privacy Policy or if you want to exercise your rights described in the Policy, please contact us at hey@moodeaux.com.