Welcome to Brands Discounts (brandsdiscounts.com). This Privacy Policy outlines how Brands Overstock LLC (“we,” “us,” or “our”) collects, uses, discloses, and safeguards your information when you visit our website brandsdiscounts.com and engage with our services. Please read this Privacy Policy carefully to understand our views and practices regarding your personal data and how we will treat it. By accessing or using our website, you agree to the collection and use of information in accordance with this policy.

1. Introduction

1.1 Company Information

1.2 Purpose of the Policy

At Brands Discounts, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website and use our services. Our goal is to be transparent about our data practices and to provide you with control over your personal information.

1.3 Scope of the Policy

This Privacy Policy applies to all visitors, users, and others who access the website brandsdiscounts.com and use our services, including customers, vendors, and other partners. It covers information collected through our website, mobile applications, and other interactions with us, regardless of where you are located globally.

1.4 Acceptance of the Policy

By accessing or using our website, you agree to the terms of this Privacy Policy. If you do not agree with our practices, please do not use our website or services. We reserve the right to modify this Privacy Policy at any time, and any changes will be effective immediately upon posting the revised policy on our website. Continued use of the website after changes constitutes acceptance of the updated policy.

2. Data Controller and Contact Information

2.1 Data Controller

Brands Overstock LLC (“we,” “us,” or “our”) is the data controller responsible for your personal data. We are committed to protecting your privacy and ensuring that your personal information is handled securely and responsibly.

2.2 Data Protection Officer (DPO)

If you have any questions or concerns about this Privacy Policy or our data practices, please contact our Data Protection Officer at:

3. Information We Collect

3.1 Personal Data Collected Directly

We collect personal information that you voluntarily provide to us when you interact with our website and services. This includes:

  • Contact Information: Your name, email address, billing and shipping addresses, and phone number.
  • Account Information: Username, password, and purchase history.
  • Payment Information: Credit/debit card details processed securely through our payment gateways.
  • Order Information: Details of the products you purchase, including sizes, colors, and quantities.

3.2 Personal Data Collected Automatically

When you visit our website, we automatically collect certain information about your device and browsing behavior. This includes:

  • Log Data: Your IP address, browser type and version, the pages you visit, the time and date of your visit, and the time spent on those pages.
  • Device Information: Hardware model, operating system, unique device identifiers, and mobile network information.
  • Cookies and Similar Technologies: Information collected through cookies, web beacons, and similar technologies to enhance your experience and analyze site usage.

3.3 Personal Data Collected from Third Parties

We may receive personal data about you from third-party sources, such as social media platforms when you connect your account, or from marketing partners and public databases.

3.4 Special Categories of Personal Data

We do not knowingly collect special categories of personal data (e.g., racial or ethnic origin, political opinions, religious beliefs, health information) unless you voluntarily provide it and consent to its collection and use.

Under the General Data Protection Regulation (GDPR), we process your personal data based on the following legal grounds:

4.1 Contractual Necessity

Processing your personal data is necessary for the performance of a contract with you, such as processing and delivering your orders.

4.2 Legitimate Interests

We may process your personal data to improve our website, develop new products and services, and enhance your shopping experience. These interests are balanced against your privacy rights.

In certain instances, such as for marketing communications, we obtain your explicit consent before processing your personal data.

We may process your personal data to comply with legal obligations, such as tax and accounting requirements.

5. How We Use Your Information

5.1 Providing Services

We use your personal information to process and track your orders, deliver products, and provide customer service. This includes:

  • Order Processing: Confirming and fulfilling your orders.
  • Communication: Sending order confirmations, shipping updates, and responding to inquiries.
  • Customer Support: Assisting you with any issues or questions related to your orders or our services.

5.2 Communication

We use your contact information to communicate with you about your orders, respond to your requests, and provide customer support.

5.3 Personalization

Your information helps us customize your experience on our website, recommend products based on your preferences, and improve our site design.

5.4 Marketing and Advertising

With your consent, we may use your personal data to send you promotional emails, newsletters, and targeted advertisements. We also engage in behavioral advertising and re-marketing activities to display relevant ads to you based on your browsing behavior.

5.5 Analytics and Improvements

We analyze data about your interactions with our website to understand user behavior, improve our services, and enhance website functionality.

We use your personal information to comply with applicable laws and regulations, respond to legal requests, and protect our rights and property.

6. Cookies and Similar Technologies

6.1 Types of Cookies Used

We use various types of cookies and similar technologies to enhance your experience on our website:

  • Essential Cookies: Necessary for the operation of the website and enabling core functionalities.
  • Performance Cookies: Collect information about how visitors use the website, such as which pages are visited most often.
  • Functionality Cookies: Remember your preferences and settings to provide a more personalized experience.
  • Targeting/Advertising Cookies: Track your browsing habits to deliver relevant advertisements and offers.

6.2 Purposes of Cookies

  • Enhancing Functionality: Enabling features like account access and shopping carts.
  • Analyzing Usage: Understanding website traffic and user behavior to improve services.
  • Delivering Targeted Ads: Providing personalized advertisements based on your interests.

6.3 Managing Cookies

You can manage your cookie preferences through your browser settings. Most browsers allow you to refuse or delete cookies. However, disabling cookies may affect the functionality of our website and your user experience.

We obtain your explicit consent for non-essential cookies through a cookie consent banner when you first visit our website. You have the option to accept or decline these cookies and can change your preferences at any time through your browser settings or our privacy settings page.

7. Disclosure of Personal Information

7.1 Third-Party Service Providers

We may share your personal information with third-party service providers who assist us in operating our website, conducting our business, or serving you. These service providers are obligated to protect your information and are prohibited from using it for any other purposes. Categories of service providers include:

  • Payment Processors: Handling payment transactions securely.
  • Shipping Companies: Facilitating product delivery.
  • Marketing Partners: Managing marketing campaigns and communications.
  • Analytics Providers: Analyzing website usage and performance.

We may disclose your personal information if required by law, such as in response to a subpoena, court order, or other legal processes. We may also disclose information to protect our rights, safety, property, or to defend against legal claims.

7.3 Business Transfers

In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity. We will notify you via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

7.4 Affiliates and Subsidiaries

We may share your information with our affiliates and subsidiaries to provide and improve our services. These affiliates and subsidiaries are bound by confidentiality agreements and are prohibited from using your information for any purposes other than those specified by us.

With your consent, we may share your personal information with third parties for specific purposes. You can withdraw your consent at any time by contacting us using the information provided in the Contact section below.

8. International Data Transfers

8.1 Data Transfer Mechanisms

Brands Discounts is based in the United States, and your information may be transferred to, stored, and processed in the United States and other countries. We ensure that all international data transfers comply with applicable data protection laws, including the GDPR.

To facilitate lawful international data transfers, we use Standard Contractual Clauses (SCCs) approved by the European Commission. These clauses provide appropriate safeguards to protect your personal data during transfer.

8.2 Data Storage Locations

Your personal data may be stored and processed in data centers located in the United States and other countries. We take appropriate measures to ensure that your data is protected in accordance with this Privacy Policy and applicable laws.

8.3 User Rights

If you are a resident of the European Union, you have specific rights regarding international data transfers, including the right to be informed about the mechanisms used for data transfers and to obtain a copy of the SCCs. To exercise these rights, please contact our Data Protection Officer using the contact information provided below.

9. Data Security Measures

9.1 Technical and Organizational Measures

We implement a variety of security measures to maintain the safety of your personal information. These include:

  • Encryption: Using Secure Socket Layer (SSL) technology to encrypt sensitive information during transmission.
  • Secure Servers: Storing data on secure servers with access controls.
  • Access Controls: Limiting access to personal data to authorized personnel only.
  • Regular Security Assessments: Conducting regular audits and assessments to identify and address potential security vulnerabilities.

9.2 Access Controls

Access to personal data is restricted to employees, contractors, and agents who need to know that information in order to process it for us. They are subject to strict confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

9.3 Regular Security Assessments

We regularly review and update our security practices to ensure the protection of your personal data. This includes vulnerability assessments, penetration testing, and other security measures to safeguard against unauthorized access, disclosure, alteration, or destruction of your information.

9.4 Data Breach Procedures

In the unlikely event of a data breach, we have procedures in place to promptly identify, contain, and mitigate the breach. We will notify affected users and relevant authorities in accordance with applicable laws, including the GDPR, which requires notification within 72 hours of becoming aware of the breach.

10. Data Retention

10.1 Retention Periods

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for the purpose of satisfying any legal, accounting, or reporting requirements. The retention periods are determined based on:

  • The nature of the data collected.
  • The purposes for which the data is processed.
  • Legal and regulatory requirements.

10.2 Deletion Procedures

Once the retention period has expired, we securely delete or anonymize your personal data. This ensures that your information is no longer identifiable and is protected from unauthorized access.

11. User Rights

11.1 Right to Access

You have the right to request access to the personal information we hold about you. This allows you to obtain a copy of your personal data and verify its accuracy.

11.2 Right to Rectification

If you believe that any information we hold about you is inaccurate or incomplete, you have the right to request correction of that information.

11.3 Right to Erasure (Right to be Forgotten)

Under certain conditions, you have the right to request the deletion of your personal information. This includes situations where the data is no longer necessary for the purposes it was collected, if you withdraw consent, or if the data was unlawfully processed.

11.4 Right to Restrict Processing

You have the right to request that we restrict the processing of your personal data under specific circumstances, such as when you contest the accuracy of the data or object to its processing.

11.5 Right to Data Portability

You have the right to receive your personal data in a structured, commonly used, and machine-readable format. Additionally, you have the right to request the transfer of your data to another controller, where technically feasible.

11.6 Right to Object

You have the right to object to the processing of your personal data based on legitimate interests or for direct marketing purposes. Upon objection, we will cease processing your data unless we can demonstrate compelling legitimate grounds for the processing.

If applicable, you have the right not to be subject to decisions based solely on automated processing, including profiling, which significantly affects you.

Where consent is the legal basis for processing, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

11.9 Exercising Rights

To exercise any of these rights, please contact us using the contact information provided in the Contact Information section below. We may require verification of your identity to ensure the security and confidentiality of your personal data. We will respond to your request within one month of receipt.

12. Children’s Privacy

12.1 Age Restrictions

Our website and services are not intended for children under the age of 13. We do not knowingly collect or solicit personal information from children under 13. If we become aware that we have inadvertently received personal information from a child under 13, we will delete that information as quickly as possible.

If you are a parent or guardian and believe that your child has provided us with personal information, please contact us immediately so that we can take appropriate actions to delete such information.

12.3 Deletion of Children’s Data

In the event that we discover personal information from a child under 13, we will take immediate steps to delete that information from our systems and records.

13. Marketing Communications

With your explicit consent, we may send you promotional emails, newsletters, and other marketing communications. You can provide consent by subscribing to our mailing list or opting in during the checkout process.

13.2 Opt-Out Procedures

You may opt out of receiving marketing communications at any time by clicking the “unsubscribe” link at the bottom of any promotional email or by contacting us through our Contact Form. Please note that even if you opt out of marketing communications, we may still contact you for transactional purposes such as order confirmations and customer service inquiries.

14. Do Not Track (DNT) Signals

14.1 Company’s Position on DNT

Our website does not currently respond to Do Not Track (DNT) signals sent by your browser. DNT is a preference that you can set in your web browser to inform websites that you do not want to be tracked. However, there is no industry standard for recognizing and responding to DNT signals.

14.2 User Options

While we do not respond to DNT signals, you can control your tracking preferences through your browser settings and by managing your cookie preferences as outlined in the Cookies and Similar Technologies section.

15.1 External Websites

Our website may contain links to third-party websites that are not operated by us. We are not responsible for the content, privacy policies, or practices of any third-party websites. We encourage you to review the privacy policies of these websites before providing any personal information.

15.2 Social Media Features

We may include social media features, such as the Facebook Like button or Twitter Tweet button, on our website. These features may collect your IP address, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policies of the respective social media platforms.

16. Behavioral Advertising and Analytics

16.1 Use of Third-Party Services

We use third-party services, including Google Analytics and Facebook Pixel, to collect and analyze information about your interactions with our website. These services use cookies, web beacons, and similar technologies to gather data on your browsing behavior.

16.2 Data Collected

These third-party services may collect information such as your IP address, browser type, device information, pages visited, time spent on the site, and interaction with content and advertisements.

16.3 User Choices

You can opt out of behavioral advertising and analytics tracking by adjusting your ad settings through Google Ads Preferences and Facebook Ad Settings. Additionally, you can install the Google Analytics Opt-Out Browser Add-on to prevent Google Analytics from collecting your data.

17. Data Protection Impact Assessments (DPIAs)

17.1 Commitment to Conducting DPIAs

We are committed to conducting Data Protection Impact Assessments (DPIAs) for any high-risk processing activities that may significantly affect your privacy rights. These assessments help us identify and mitigate potential privacy risks associated with our data processing practices.

18. Liability and Disclaimers

18.1 Limitation of Liability

To the fullest extent permitted by law, Brands Overstock LLC shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the website or the purchase of any products, even if we have been advised of the possibility of such damages.

18.2 No Liability for Third Parties

We are not responsible for the actions, claims, or content of third-party service providers, partners, or affiliates. This includes, but is not limited to, payment processors, shipping companies, and marketing partners.

18.3 Indemnification

You agree to indemnify and hold harmless Brands Overstock LLC and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in any way connected with your access to or use of the website or your violation of these Terms.

19. Governing Law and Jurisdiction

19.1 Applicable Law

This Privacy Policy and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

19.2 Dispute Resolution

Any disputes related to your privacy rights shall be resolved through binding arbitration in Delaware, USA, in accordance with the rules of the International Chamber of Commerce (ICC). You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

20. Changes to This Privacy Policy

20.1 Notification of Changes

We reserve the right to update or modify this Privacy Policy at any time. Any changes will be effective immediately upon posting the revised policy on our website. Significant changes will be communicated to you through email notifications or prominent notices on our website.

20.2 Effective Date

The updated Privacy Policy will include the new effective date. Continued use of our website after changes are posted constitutes your acceptance of the updated policy.

21. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us using the following methods:

21.1 Complaints

If you are a resident of the European Union and believe that your data protection rights have been violated, you have the right to lodge a complaint with your local data protection authority. Similarly, California residents can exercise their rights under the CCPA by contacting us using the provided methods.

22. Transfer of Business Ownership

22.1 Business Transitions

In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal data may be transferred to the acquiring entity. We will notify you via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

23. Compliance with Laws

23.1 U.S. Laws and Regulations

We comply with all applicable U.S. federal, state, and local laws and regulations regarding data protection and privacy. This includes, but is not limited to, the California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA).

23.2 International Laws

We acknowledge and comply with international data protection laws, including the General Data Protection Regulation (GDPR) for European Union residents. We are committed to protecting your privacy rights in accordance with these regulations.

24. Supervisory Authority

24.1 Right to Lodge a Complaint

If you are a resident of the European Union and believe that we have not adequately protected your personal data, you have the right to lodge a complaint with a supervisory authority in your EU member state. You can find more information about your rights and the available supervisory authorities at https://ec.europa.eu/info/law/law-topic/data-protection_en.

25. Additional State-Specific Rights

25.1 California Residents

Under the California Consumer Privacy Act (CCPA), California residents have the following rights:

  • Right to Know: Understand what personal information we collect, use, share, or sell.
  • Right to Delete: Request the deletion of personal information we have collected from you.
  • Right to Opt-Out: Direct us to stop selling your personal information.
  • Right to Non-Discrimination: Receive equal service and price, even if you exercise your privacy rights.

To exercise these rights, California residents can contact us through our Contact Information section with “California Privacy Rights” in the subject line.

25.2 Other States

Residents of other states, such as Virginia and Colorado, may have additional privacy rights under their respective data protection laws. We comply with these laws and provide necessary disclosures and rights in accordance with their requirements. For more information, please contact us using the methods provided in the Contact Information section.

26. Accessibility Statement

26.1 Commitment to Accessibility

Brands Discounts is committed to making our Privacy Policy accessible to all users. We strive to ensure that our website is user-friendly and accessible to individuals with disabilities.

26.2 Alternative Formats

If you require this Privacy Policy in an alternative format, please contact us through our Contact Form, and we will provide it in a format that meets your needs.

27. Effective Date and Version

27.1 Version Control

This Privacy Policy is effective as of August 29, 2024. We reserve the right to update or revise this policy at any time. The current version will always be available on our website, and the effective date will be updated accordingly.

Contact Information

If you have any questions about our Privacy Policy or practices, or if you wish to exercise any of your rights, feel free to contact us via phone or email at: