This Policy is effective as of October 04, 2023.
We, A. Loacker USA, Inc. (hereinafter, together with other companies in the Loacker group, referred to as “Loacker,” “us,” “we,” or “our”) operate and make available the loackerusa.com website (“Site”).
By using the Site and/or the Services, you agree to the terms of this Policy.
The Site is not intended for use by anyone under eighteen (18) years of age, and anyone under 18 should not submit any Personal Information to Loacker.
This Policy is Intended for U.S. Based Consumers
This Policy and the loackerusa.com Site is configured and meant for individuals residing within the United States only. If you are located outside of the United States and are interested in our products and services, please visit our international website at loacker.com or manually select and navigate to the appropriate country page or website by clicking the globe icon on the menu page of this Site. Loacker only knowingly collects information from individuals within the United States on this Site. If you provide information to Loacker from outside of the United States on this Site, you do so at your own risk. You agree and acknowledge that by providing any Personal Information or other data on or through this Site, that such information will be transmitted to, and stored in, either the United States or the European Union.
Updates to Our Policy
Loacker may update this Policy from time to time. Any substantive changes to this Policy will be described at the end of this Policy for a period of thirty (30) days and will be effective when posted. The changes will also be immediately incorporated into this Policy. Your continued use of the Site or any related Services after any changes are made to this Policy constitutes your acceptance of the changes. If any of the changes are unacceptable to you, you should cease using the Site and Services.
Loacker will not collect new types of Personal Information beyond what is disclosed in this Policy without providing you notice prior to the collection of that Personal Information. Loacker will not use your Personal Information for an unexpected purpose beyond what is disclosed in this Policy without first obtaining your consent to the extent required by applicable law.
2. Collection, Use, and Disclosure of Personal Information
2.1 Collection and Use of Data
You can generally visit the Site without providing Personal Information about yourself (other than IP address or online identifiers, which may be collected automatically whenever you use the Site), but there are areas on the Site or other instances that arise through related Loacker Services where you may be asked to provide Loacker with Personal Information.
Types of Personal Data Collected
Depending on what part of the Site or related Services you use, you may be asked to voluntarily provide to Loacker certain categories of Personal Information, including:
- Contact Information such as your name and title, mailing and/or shipping address(es) (street, number, postal code, city and country), email address, and telephone or mobile number;
- Professional Information such as your job title, personal or company website, and company name;
- Demographic Information such as your date of birth;
- Payment Information such as your credit or debit card number, PayPal account information, or other payment information you provide to our third party payment providers (as further described below) in connection with any transaction on the Site; and
- Account Information such as log in credentials (username and password) when you create and/or log onto a Loacker Site account.
Other than the Payment Information you provide to our third-party payment processors in connection with a purchase or other transaction on our Site, Loacker and our service providers generally will not ask you to provide any sensitive data about yourself, such as your sexual orientation, citizenship status, religious beliefs, or your race or ethnicity, but you may be able to voluntarily provide such sensitive data in content that you upload or post on or through the Services. To the extent you include any sensitive data in content you voluntarily make available through the Services, you hereby acknowledge and agree that such data may be processed by Loacker as necessary to provide the Services in accordance with your instructions.
Sources of Personal Information
This voluntarily provided Personal Information may be collected when you:
- submit information using the contact form on the Site;
- set up an account with us on the Site;
- purchase products by submitting an order through the Site;
- contact Loacker with questions or comments;
- participate in contests and other promotional events;
- sign up to receive newsletters and other product and services information; and
- engage in any business dealings with Loacker.
Personal Information Processing Purposes
Loacker uses the Personal Information you provide to the extent required to respond to contact inquiries, provide information regarding Loacker’s products and services, engage in marketing and promotion of Loacker’s products and services, improve the content and general administration of the Site, and for the implementation, execution, content-related design, or modification of the agreements governing the use of Loacker Services.
Loacker may use users’ Personal Information for the above purposes generally and in the following cases in particular:
- If you fill out and submit the contact form on our Site, Loacker may contact you and respond to any inquiry or inquiries made by you. Once communication has ended, or if you request that your Personal Information be deleted at any time, the transferred Personal Information will be deleted as required under applicable laws and regulations.
- In the event that you request or otherwise consent to receive Loacker commercial information, Loacker will use your Personal Information to send you newsletters, advertising and informational material, and/or to contact you for commercial purposes, including by interactive channels.
- When participating in contests, prize drawings, and other promotional events, by filling out and submitting the respective contact form for such events online, Loacker may contact you directly in the event of a win or in connection with any issues or questions regarding your entry or any submission you make.
- When processing and shipping Loacker products to you, Loacker may use your Payment Information and Contact Information to process and ship orders to you or another intended recipient.
- Loacker also may use your Personal Information to perform internal operations such as fraud prevention, troubleshoot issues and operational problems, analyze Site usage, and conduct data analysis and testing.
Processing of Contact and Payment Information by Third Party Payment Processors
If you use the online store portion of the Site to purchase any Loacker products, your Contact and Payment Information will be collected and processed by third-party payment processors such as Adyen or PayPal that administer transactions through the Site on our behalf. Loacker does not directly collect or process any Payment Information from you as a result of any transaction occurring on or through the Site. For more details about how Adyen and PayPal handle Payment Information and other Personal Information they may collect from you, please review the respective privacy statements for Adyen and PayPal.
Cookies and Other Web Tracking Tools
2.2. Disclosure/Sharing of Information
Loacker will disclose Personal Information to third parties as necessary to fulfill the business purposes for which the Personal Information was collected, as otherwise set forth below, or with the express consent of the user. We will only share your Personal Information with third parties for the purposes described in this Policy. Where third parties are involved in the processing or handling of Personal Information, Loacker will impose confidentiality, data protection and security obligations on such third parties when handling your Personal Information. Loacker may disclose Contact Information to third parties such as marketing agencies and suppliers of data management services that assist Loacker with handling consumer requests, such as where to find Loacker products, questions concerning the ingredients of the products, other information and service requests as well as complaints. Loacker also may share Contact Information with shipping providers such as UPS or USPS in order to ship you any products or materials you order through the Site.
Any companies who partner with or are engaged by Loacker to assist in providing its Services, or in operating and/or maintaining the Site and related computer systems and networks, may also have access to or receive specific Personal Information and data, including your Contact Information and Demographic Information, in the performance of their respective services for Loacker or as a partner of Loacker. Services provided by such third parties may involve the handling of sweepstakes and promotions. In these cases, Loacker endeavors to limit the scope of access or receipt by such entities of Personal Information to the minimum level practicable.
Personal Information may be made available to government institutions and public authorities if the disclosure of such Personal Information is required by law, or otherwise made available if such Personal Information is required to be produced pursuant to any legal process.
Loacker may share Personal Information or other data in order to avoid imminent physical harm to any person or harm to any Loacker property.
Personal Information received or held by Loacker may be transferred to any entity that succeeds to the assets or business of Loacker by any merger, consolidation, combination, reorganization, sale of assets or in connection with any transfer as part of any insolvency or bankruptcy proceeding. In such case, Loacker will make reasonable efforts to cause any successor to agree to abide by the terms of this Policy.
We also may disclose your Personal Information to other service providers to carry out our obligations and enforce our rights arising from any contracts related to your use of the Services, including for billing and collections, or as otherwise described to you at or before the point when we collect your Personal Information.
Other than what is referenced in this Policy, the Personal Information collected from you is not shared with nor sold to any person or entity outside of Loacker.
3. Data Security and Retention
3.1 Basic principle
By taking all the appropriate technical and organizational measures, Loacker endeavors to process Personal Information in such a manner that it is secure and particularly inaccessible to unauthorized persons. However, Loacker cannot guarantee that information sent over the Internet is fully secure and it is possible that transmitted information may be intercepted by others before it reaches Loacker. Therefore, Loacker recommends sending confidential information to us over the phone or by mail. Likewise, if you are concerned about sending information to Loacker over the Internet, please send the information by mail or call us to make other arrangements.
Loacker is not responsible for the security of information sent over the Internet.
Loacker retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. Loacker will also retain collected information connected to business records for periods of time required by law. If Loacker determines that collected information is no longer needed, it will delete such information. Loacker’s collection times will be consistent with applicable law.
To best protect Personal Information in both storage/rest and in transmission against accidental or intentional manipulation, disclosure, loss, destruction, or access by unauthorized persons, Loacker uses, implements, maintains, and applies appropriate technical and organizational security measures and safeguards that are reasonably designed and continuously reviewed and, when appropriate, improved or enhanced consistent with industry standards.
4. Social Media Functions
Loacker uses Facebook interaction tools and other social media functions. Loacker may use social media interactive functions of other social media services and providers in the future.
5. Response to “Do Not Track” Requests/Signals
Some browsers have a “do not track” feature that lets you tell web sites that you do not want to have your online activities tracked. Loacker’s Site is not currently configured to respond to “do not track” or similar automated privacy controls with respect to any sharing of Personal Information for purposes of targeted advertising activities. To learn more about other ways to possibly opt-out of certain kinds of tracking that occur when you browse the Internet and lead to targeted advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser- and device-specific, and there is no guarantee that these industry-provided opt-out tools will prevent all targeted advertising. As noted previously in this Policy, it is possible that third parties may collect or receive information through the Site. Since it is possible that some of these third parties may respond differently than Loacker to “do not track” requests, you should consult the applicable privacy policies of those third parties for that information.
6. Your Rights and Choices
Summary of Your Rights
Depending on where you reside, you may submit requests based on certain rights, subject to any applicable exceptions, with regard to Loacker’s collection, use and sharing of your Personal Information on or through the Site or related Services, such as rights to:
- Confirm whether Loacker has collected and is processing your Personal Information and, if so, you may have a right to access or request details about what Personal Information we collect, use, disclose or sell about you;
- Correct any inaccuracies about your Personal Information, depending on what kind of Personal Information it is and the purposes for which Loacker is processing that data;
- Request the deletion of Personal Information we have collected or maintain about you;
- Obtain a copy of Personal Information Loacker maintains about you in a portable and readily usable format, if technically feasible, that would allow you to transfer such Personal Information to another service or provider, where the applicable processing is carried out by automated means;
- Opt-out of any sale of your Personal Information, if applicable;
- Opt-out of any processing of your Personal Information for the purposes of, as applicable, targeted advertising based on your browsing behavior before and after you visit or use the Services, or any profiling of you based on collected Personal Information in a way that would produce legal ramifications or similarly significant real-world effects on you;
- Limit processing of your sensitive Personal Information (if applicable) for purposes of inferring characteristics about you;
- Opt-out of any profiling or automated decision-making activities made with respect to your Personal Information; and
- Not receive discriminatory treatment by Loacker, in terms of the prices or level of quality of the Loacker Services, because you exercised these rights regarding the collection, use and sharing of your Personal Information.
How to Exercise your Rights
If you would like to request the ability to access, review, edit, delete or have us properly dispose of any of the Personal Information that Loacker collected about you, if you would like to opt-out of receiving further information from Loacker, if you want to limit what we share, or if you otherwise wish Loacker to cease using your Personal Information in the manners specified in this Policy (subject to any applicable legal exceptions), you can do so by emailing us at firstname.lastname@example.org or by calling us at 212-742-8510. Users can receive information on stored Personal Information free of charge.
Loacker will do its best to accommodate any deletion request you make, but Loacker cannot guarantee it can remove all Personal Information from the specified uses. Therefore, please be as specific as possible in your request. If the request relates to information that Loacker needs to make the Site function properly for you, you may not be able to use the Site or related Services properly moving forward. Any removal of Personal Information or other data by Loacker does not ensure or guarantee complete or comprehensive removal in all places. The information may have been shared or reposted by other parties who act outside of any business relationship with Loacker or may not cooperate with our request for them to delete your personal information, or federal or state law may require maintenance of the content or information.
Loacker reserves the right to maintain proper business records with Personal Information as required by law or for other legitimate business purposes to the extent permitted by law, even if such records contain your Personal Information.
You may grant an authorized agent written permission to submit requests regarding your Personal Information, but we may deny authorized agent requests if we are unable to verify your identity directly as the subject of the Personal Information at issue. In order to verify a request from an authorized agent, we may require proof that you gave the authorized agent signed permission to submit the request, such as requiring you to verify your identity directly with us or directly confirming with us that you provided permission for the authorized agent to submit your request.
Verifying Your Request
Loacker is required to verify the identity of any person or entity that requests the disclosure or deletion of Personal Information. If you already have an account with Loacker, we may use your log in credentials to verify your identity. However, please note that we do not require that you create an account with us to exercise your privacy rights. If you do not have an account with us, Loacker will ask you to provide information that matches at least two pieces of Personal Information we store about you before responding to your request. If you would like to request the specific pieces of your Personal Information that Loacker has collected, or if you would like us to delete highly sensitive information, you will need to match at least three pieces of information we store about you, and you must provide a signed declaration under penalty of perjury that you are the consumer whose Personal Information you are requesting.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable request related to Personal Information in order to verify the requestor's identity or authority to make the request. Loacker may refuse any request made regarding collected Personal Information if it is unable to verify the identity of the person making the request or if it cannot authenticate the legitimacy of the request using commercially reasonable efforts. Under such circumstances, Loacker may follow up with you for additional information as reasonably necessary to authenticate your request.
Responding to Your Request
After verifying your identity, we will respond to your request by either fulfilling your request or explaining why we are denying your request. The timeframe in which we respond will vary based on the applicable law where you reside.
7. Children’s Privacy
As previously stated above, this Site is only intended for individuals 18 years of age and older located in the United States. The Site is not directed at, marketed to, nor intended for, children under 18 years of age (“Minor”). Loacker does not knowingly collect any information, including Personal Information, from Minors.
To the extent that Loacker has inadvertently received Personal Information of a Minor, Loacker will not use the Minor’s Personal Information to market or advertise certain products or services deemed harmful to children. Loacker also will not disclose such Minor’s Personal Information if it has actual knowledge that the Minor’s Personal Information will be used for the purpose of marketing or advertising the harmful products or services.
If Loacker learns that any information was provided through the Site by a Minor, Loacker will delete the information immediately. If a Minor uploads/posts information to the Site that is publicly available, and the Minor subsequently wants that same information deleted, the Minor has a right to request that said information be removed from public viewing. Any email sent by such Minor or the parent or guardian of such Minor to email@example.com with the request to have the information removed will be processed without undue delay and Loacker will remove the information. Any removal of content by Loacker does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties who act outside of any business relationship with Loacker or may not cooperate with our request for them to delete your personal information, or federal or state law may require maintenance of the content or information.
8. Privacy Information for California Residents
Pursuant to Section 1798.83 of the California Civil Code, also known as the “Shine the Light Law”, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information free of charge with respect to the types of Personal Information the business shares with third parties for those third parties' direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights under the Shine the Light Law, you may make one request each year by emailing us at firstname.lastname@example.org.
9. External Links
The Site may contain links to external sites or other online services, including those embedded in third-party advertisements, that are not controlled by Loacker. Loacker is not responsible for the privacy practices and data collection policies for such third-party sites or other online services. You should consult the privacy policies of those sites for details.
10. Conditions of Use
The Conditions of Use for the Site is incorporated by reference into this Policy.
11. Miscellaneous, Contact
You may at any time revoke declarations of consent effective for the future with respect to any promotional emails we send you. If you would like to opt-out of receiving promotional emails from Loacker, please follow the opt-out instructions at the bottom of any promotional email from us or send Loacker a detailed email to email@example.com.
Loacker intends to strictly enforce this Policy. If you believe there has been some violation of this Policy, please contact us.
In case of questions or concerns regarding this Policy, you can contact Loacker at the following address:
101 Hudson Street, Suite 2201
Jersey City, NJ 07302
By email: firstname.lastname@example.org
By providing Loacker the Personal Information and other data referenced above, you agree that we may use the Personal Information and other data you provide in accordance with the terms of this Policy. If you do not agree with the terms of this Policy, please do not provide any Personal Information to us, visit our Site or use our Services. However, please note that some of our Services can only be offered if you provide or allow us to collect your Personal Information.
This Policy was last updated on October 04, 2023
Description of Substantive Policy Changes.
October 04, 2023: Provided further clarification of previously described processing activities, as well as an updated description of consent and opt-out rights and procedures under applicable state law.