Privacy Policy

There are several ways we may obtain information about you, including from:

• You directly;
• Other site users;
• Social media platforms;
• Third party service providers; and
• Tracking technologies.

When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “Personal Information.” This Personal Information may include the following categories:

• Identifiers/Biographical Information: These include your name, postal and email address, phone number, and unique identifiers.
• Characteristics of Protected Classifications Under California or Federal Law: Your date of birth, age, gender, or income level.
• Commercial information: Your purchase and usage history, and preferences.
• Internet/Electronic Activity: Your geolocation information, IP address, web/app browsing, and search history related to our Website or services, and information regarding your interaction(s) with the Website, services, or advertising.
• Profile Inferences: The inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.
• Financial Information: This includes your bank card and credit card information used to process payments.
  We also work with various types of data that are de-identified or aggregated, and not reasonably capable of being associated with, or reasonably be linked, directly or indirectly, with you or your household. This data is not Personal Information.

Personal Information You Provide

We collect Personal Information about you via our Website when you provide it through various forms and places on the Website such as in connection with a request for a product, service, or information or if you register for a Website account. In general, you may browse our Website without providing any Personal Information; however, if, for example, you decide to place an order, we will ask you for Personal Information such as your name, delivery and billing address, phone number(s), email address, credit card number and its expiration date. If you choose to complete a user registration form, survey, sweepstakes or contest entry form, we may ask you for information such as your contact information (e.g., name, e-mail address and mailing address), age group or birth date. You can change or update your Personal Information on the Website by changing your account information. Occasionally, we may also ask you for other demographic information such as gender, income level, and information about your prior experiences with the Company’s products. If we combine demographic information with the Personal Information we collect directly from you on our Website, we will treat the combined data as Personal Information under this Privacy Policy. When you submit your Personal Information to the Website, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in the Policy.

Personal Information Collected from Others

We may receive information about you from your friends and others that use the Website, such as when they submit your information to us about you. Additionally, we may, from time to time, supplement the information we collect directly from you on our Website with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. For example, if you choose to have your purchase delivered to another person’s address, we may ask for the other person’s name and delivery address. We will use this information to deliver your purchase to the address you choose to have it delivered. You may delete the other person’s information from your account or the other person may contact us at support@yoursken.com to request that we remove their information from our database.

Note: Although you can remove the information from your account for future orders, the other person’s information may be retained with the original transaction for auditing and legal purposes. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties.

Personal Information Collected Automatically

We may also use tracking technologies (as described below) in order to automatically (or passively) collect, store or accumulate certain information concerning your use of this Website, such as information regarding which of our pages are most popular, your IP address, UDID or other unique identifier, browser type such as Internet Explorer®, Safari®, Chrome®, etc., city, time zone, referring URL, and operating system such as Windows®, Mac®, iOS® or Android®. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving the Website. We may share or transfer such information with or to our affiliates, licensees and partners and other third parties.

We may combine automatically collected Website usage information with your Personal Information. In those cases, we will apply this Privacy Policy to the combined information.

Children’s Privacy

We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at support@yoursken.com if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.

The Company and its affiliates and subsidiaries may use the Personal Information that you provide for business purposes, such as to fulfill your request for a product, information, or other service, or respond to an email or other request, as well as for commercial purposes such as to create and deliver to you our newsletters or surveys, email and postal mail marketing communications containing product information, usage tips or promotions, help improve our Website or services, or customize visitors’ experience at our Website. The Company may also make certain Personal Information (e.g., your name, email address, mailing address and/or telephone number) available to carefully selected business partners, vendors and other third-party organizations to provide you with information about products, services and special offers we think may interest you or to improve our products, services and advertising. Many of our users find this a valuable and time-saving service.

We want to communicate with you via email and/or postal mail correspondence only if you want to hear from us. If for any reason you would no longer like to receive email and/or postal mail messages from the Company, you can choose the “unsubscribe” option in each email footer. In addition, if you do not want us to share your Personal Information with third-party organizations, you can email us at support@yoursken.com to remove yourself. Please allow up to 10 days for us to process your request. Please note, if you opt not to receive marketing emails from The Company you may still receive “transactional” email or postal mail correspondence regarding your account, use of the Website or your order (i.e. order confirmation, shipping information, customer service notifications, etc.). If you have questions or concerns regarding this statement, please contact support@yoursken.com.

We may contract with third-party companies or individuals to provide certain services for business purposes including email and hosting services, credit card processing, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. We call them our “Service Providers.” We may share Personal Information with Service Providers solely as appropriate for them to perform their functions, but they may not use such information for any other purpose. We do not share your credit card information with unaffiliated third parties unless you authorize us to do so, or if it is necessary to fulfill our responsibilities including, but not limited to, delivering a product or service that you order.

The Company in its sole discretion may disclose Personal Information in certain circumstances: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may cause injury to or interference with (either intentionally or unintentionally) the legal rights of the Company or the Website, or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it, including compliance with legal process served on the Company; and (3) in situations involving threats to the physical safety of any person or entity.

Business Transfers

Information about our users, customers, and the Website is one of our most important business assets. Therefore, such information, including Personal Information, may be disclosed as part of any merger or acquisition, creation of a separate business, or the sale or pledge of Company assets as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as one of the business assets of the Company.

We use Secure Sockets Layer (SSL), an advanced security protocol that protects your credit card information and ensures secure online ordering. SSL Internet connections are encrypted, and thus protect all credit card ordering information, including your name, address and credit card number, so it cannot be read in transit. We use secure technology, privacy protection controls, and restrictions on employee access, to safeguard your personal information. Please note, however, that although we employ industry-standard security measures to safeguard the security of your personal information, no transmissions made on or through the Internet are guaranteed to be secure.

If your Personal Information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing our Customer Service at customerservice@phunkoff.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request within a reasonable timeframe. In some instances, we may not be able to correct or delete information shared with third parties. Pursuant to applicable law, we may be entitled to refuse to act on the request.

We and our marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, browser fingerprinting, recognition technologies and scripts, to analyze trends, administer the Website, track users’ movements around the Website, monitor the performance of the Website, measure its effectiveness, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our Website and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns and to gather demographic information about our user base as a whole. In addition, we may outsource these tasks to third parties; however, the third parties may not use or disclose your Personal Information for any other purpose. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. This information may be combined with information collected from other third-party sources of information not collected during your visit to our Website, which may include your name and mailing address, for purpose of determining whether you may be interested in receiving direct mail.

We may work with third parties, such as network advertisers and ad exchanges that use tracking technologies on our Website in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet and we may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities (including past visits to our Website) across the Internet and mobile media (“Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third-party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your device and track certain behavioral usage information via a device identifier. These third-party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you.

Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.

There may be other tracking technologies now and later devised and used by us in connection with the Website.

“Cookies” are small pieces of information stored by your browser on your computer’s hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent this. However, if you disable cookies, you may be unable to order products or use other features of our Website and you may have less than a satisfactory experience.

“Clear gifs” (also known as “web beacons” or “pixel tag”) are tiny graphics with a unique identifier, similar in function to cookies, and are used to help us monitor activity on our Website and better optimize our advertising.

“Network traffic monitoring” is programming that monitors and analyzes network traffic and can be used to capture data being transmitted on a network, including plain-text data and computer IP addresses.

“Active scripting” is programming code that is designed to collect information about your interactions with the Website, such as which links you click on. The code is temporarily downloaded onto your computer or mobile device from our server or a third-party service provider, is active only while you are connected to the Website and is deactivated or deleted thereafter.

We may combine automatically collected aggregate information with your Personal Information. In those cases, we will apply this Policy to the combined information.

Do Not Track Signals

Some web browsers are developing or offering signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., a “Do Not Track” (“DNT”) signal). A DNT signal is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. We do not monitor or take any action with respect to DNT signals.

Your Opt-Out Choices

We and third-party vendors, including Google and Facebook, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie), device fingerprinting, web beacons, and other storage technologies together to collect or receive information to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Website and elsewhere on the Internet. Google’s use of the DoubleClick cookie enables it and its partners to serve ads based on your visit to our Website and/or other sites and online services. To learn more about how to opt out of Google’s use of first-party cookies, click here. To learn more about how to opt out of DoubleClick’s use of cookies, visit the DoubleClick opt-out page, here.

Additionally, the Website may use Adobe’s analytics and on-site personalization services. See http://www.adobe.com/privacy/analytics.html for more information. To learn about opting out of the use of Adobe cookies for analytics and on-site personalization, visit http://www.adobe.com/privacy/opt-out.html#4. After you opt out of the use of Adobe cookies for analytics and on-site personalization, Adobe will no longer collect and analyze information via cookies associated with your browser for these services. When you opt out, Adobe will place opt-out cookies on your browser. If you delete your cookies, change browsers, or change devices, you will need to repeat this opt-out process. Also, please note that this opt-out process will work only if your browser is set to accept all cookies. We may not control those tracking technologies and we are not responsible for them. However, you consent to potentially encountering third-party tracking technologies in connection with use of our Website and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

Further, while sites use a variety of companies to serve advertisements, you may wish to visit https://optout.networkadvertising.org/?c=1 , which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at Digital Advertising Alliance (or if located in the European Union click here). Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.

Our Website may offer links to and from other third party sites. We are not responsible for the content or information on those websites. In addition, other websites have their own privacy policies. If you visit one of these sites, you may want to review the privacy policy on that site. For example, you may have linked to the Company’s Website through a banner advertisement on another site. In such cases the site you have linked from may collect information from people who click on the banner or link. Please refer to the privacy policies on those sites to see how they collect and use your information.

Our Website includes social media features (“Features”), such as the Facebook Like button, and widgets, such as the Share This button or interactive applications or mini-programs that run on our Website. These Features may collect your Internet protocol address, which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. If you click on social media icons on the Website (such as for Facebook, Twitter or Instagram), those actions may be associated with, and we may have access to, your Personal Information you provided on those third-party sites or applications. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on our Website. Features are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy statement of the company providing it. You should review the applicable third-party privacy policies before using such third-party tools on our Website.

Our Websites are operated in the United States and intended for users located in the United States. Like almost every website, our Website may be accessed by an international audience. By visiting our Website and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By providing us with your data, you consent to the transfer of such data.

The California Consumer Privacy Act (CCPA) creates consumer rights for residents of the state of California relating to the access to, deletion of, and sharing of personal information that is collected by businesses. The CCPA defines terms such as “sale,” “personal information” and “other valuable consideration” more broadly than you might think. This section uses the definitions provided by the CCPA.

Categories of Personal Information Sold

In the last 12 months, TPC has “sold” the following categories of “Personal Information” as defined by the CCPA:

• Identifiers/Contact information, sold to social media networks, data analytics providers, and advertising networks; and
• Internet/Electronic Activity, sold to social media networks, data analytics providers, and advertising networks.

We do not knowingly sell Personal Information about persons under the age of 16.

Categories of Personal Information Disclosed

In the last 12 months, TPC has “disclosed” the following categories of “Personal Information” for a “business purpose” (such as with our service providers who are restricted from using your Personal Information outside the scope of their services for TPC) as defined by the CCPA:

• Identifiers/Contact Information, disclosed to billing service providers, email service providers, customer service platforms, and fraud protection services.
• Characteristics of Protected Classifications Under California or Federal Law, disclosed to customer service platforms, and fraud protection services.
• Commercial Information, disclosed to payment processors, product fulfillment vendors, email providers, site personalization platforms and marketing analytics services.
• Internet/Electronic Activity, disclosed to marketing analytics services, email service providers, site search providers and site personalization platforms.
• Inferences, disclosed to marketing analytics services, email service providers and site personalization platforms.
• The California Consumer Privacy Act (“CCPA”) requires providing a Notice of Financial Incentives prior to enrolling a consumer in a program where the consumer provides certain personal information in exchange for a financial benefit.
• We need to add a Notice of Financial Incentives to the Privacy Policy within the California Privacy section with the following disclosures:

Your Rights

California residents may take advantage of the following privacy rights pursuant to the CCPA:

• You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information that we sold about you, the categories of third parties with whom we have shared your personal information, and the business or commercial purpose for selling or disclosing your personal information, if applicable.
• You may request that we delete any personal information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation.
• You may request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months.

If you are a California resident and would like to submit a privacy rights request, please contact us by email at support@yoursken.com or call 917-694-7178.

You must put the statement “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We may take steps to verify your identity before responding to your request by verifying that you control the email address associated with your personal information, verifying account information, and asking you a series of questions about your previous interactions with us. We reserve the right to take additional steps or require additional information to verify your request. If you exercise any of the foregoing rights, we will not discriminate against you, such as by denying you access to our products or restricting your access to products of certain pricing or quality. We will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.

Agent Requests

You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf, and that they are registered with the California Secretary of State to conduct business in California or must demonstrate they have power of attorney pursuant to applicable probate law. TPC retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s personal information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.

We may revise this Privacy Policy from time to time. If we decide to change our Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Policy. Your continued use of the Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website.

If you have any questions about the Privacy Policy or practices described in it, you should contact us at support@yoursken.com or call 917-694-7178.