Privacy Policy
Introduction
Last modified: April 1, 2022
At Be Sunshine, LLC (“we,” “us,” and “our”), we strive to create lasting relationships with our visitors. We value your trust and are committed to protecting your privacy by handling the Personal Information you provide us with care. To share our services with you and continually improve your experience on our websites, currently located at www.hello-sunshine.com and www.reesesbookclub.com (the “Sites”) and the Reese’s Book Club mobile app available in the Apple App Store and Google Play Store (the “App,” together with the Sites, the “Services”), we request certain Personal Information, as detailed below. For purposes of this Privacy Policy, "Personal Information” means information about or relating to an identified or identifiable person, such as a name, address, email address, phone number, or other identifier that permits contacting of a specific individual, or such other definition under applicable privacy laws.
We created this privacy policy (this “Privacy Policy”) to explain what Personal Information we collect from you when you access the Services and how we use and share that information. If you have any questions about our Privacy Policy, please contact us using the information provided at the bottom of this Privacy Policy.
By visiting the Sites or using our Services by any means, you are giving your consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services.
1. What Information We Collect
The Personal Information we collect from you depends on whether you are merely browsing the Sites or using the Services in a more comprehensive way. For example, we collect Personal Information from you as follows:
a) When you Browse the Sites. We use cookies, web beacons, local storage objects, pixels and other tracking technologies that operate on the Services. These technologies may collect technical data relating to your online activity on our website with respect to the Services, including the following:
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IP address;
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browser type and version;
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geographic location;
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the time, date, and length of time you use the Services;
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pages you view, including the time spent on each page and clicks on each page;
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how you got to the Services (i.e., referring URL) and any links you click on to leave the Services;
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when you update your information, communicate with us, or order new Services;
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metadata about your use of the Services and your emails you send (including clicks and opens);
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and other interactions with the Services.
You can adjust the permissions within your browser or device operating system. However, if you set your browser to disable certain technologies, such as cookies, some features of the Services may not function properly. For more information about our use of tracking technologies, please see Section 5 below.
b) When you Register an Account with the Services. To create an account with the Services, including when you download the App and link the App to your account, you must provide your first and last name, a working email address, and create a password for your account. You may also choose to add an avatar or photo to your profile, as well as a list of books that you have already read. We collect this information to perform our commercial contract with you and, if you choose to receive marketing communications, on the basis of your consent (i.e., opt-in) to the extent consent is legally required. Lastly, we generate a unique customer identification number that will be associated with your account.
c) When you Make a Purchase through the Services. If you make a purchase through the Services, we will also collect your payment card information to fulfill your purchase. However, payment card information is processed by a third-party payments processor and we do not store your complete payment card information. If you purchase a gift for someone else through the Services, you must provide the recipient’s name and shipping address and you may include a message with your gift.
d) When you Participate in the Reese’s Book Club Community. If you participate in the “Community” portion of the Reese’s Book Club Site or the App, we will process the content that you post in these parts of the Services.
2. How We Use your Personal Information
We have a legitimate interest in running a successful and efficient business and in providing you with Services and useful content, and we use the information we collect, both on its own and combined with any other information we collect about you, for the following purposes:
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To provide the requested Services to you and ensure their proper functioning;
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for our market research purposes;
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to provide e-newsletters;
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to respond to your questions and comments and provide user and customer support;
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to tailor services to suit your personal interests and the manner in which you use the Services;
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to analyze and enhance our marketing communications and strategies;
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to analyze trends and statistics regarding the user * experience when using the Services; or
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if we need to respond to valid legal process including, but not limited to, a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law.
3. How We Share your Personal Information
a) Reese’s Book Club Community. All registered users of the Services have access to the Reese’s Book Club Community (the “RBC Community”), a social feed and community forum where users can swap books, share thoughts, participate in virtual book clubs and follow the posts of other users who do the same. User profiles are “public” in that profiles and posts may be seen by all other users of the RBC Community. Your posts to the RBC Community may not violate the privacy rights of any third parties, including other RBC Community users.
b) Third-Party Services Providers and Vendors. We engage third parties so that they can assist us in servicing you with things such as customer service, payment processing, communications delivery, information technology services, and information storage services, with the understanding that such third parties will use any Personal Information that is shared for their limited purposes as a service provider and in accordance with our Privacy Policy.
c) Sale or Acquisition of Assets. If we, or substantially all of our assets, are acquired, your Personal Information will be one of the transferred assets. If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your Personal Information in the same manner required by our Privacy Policy in effect at that time. The provisions of this paragraph will apply also if we are sold as a part of bankruptcy proceedings. If we purchase a business, the Personal Information received with that business will be treated in accordance with our Privacy Policy in effect at that time, so long as it is practicable and permissible to do so.
d) Legal Process and Protection from Harm. If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your Personal Information to courts of law, law enforcement authorities and other relevant third parties, (i) to conduct an investigation, (ii) to respond to a third party or law enforcement subpoena or court order, or (iii) to bring legal action, prevent harm to others or pursue other relief, in each aforementioned case when you or a third party are or may be:
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violating our Terms & Conditions;
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causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or
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violating federal, state, local, or other applicable law.
4. Choice
We do not collect, use, or disclose your Personal Information in any ways or for any purposes that are materially different from those set forth herein. If we wish to do so in the future, we will obtain your consent first, and offer you the choice to opt-out of such collection, use, or disclosure.
5. Tracking Technologies
a) Disabling Cookies. Most web browsers automatically accept cookies. However, you may edit your browser options to block them in the future. The “Help” function within most browsers will tell you how to prevent your computer from accepting new cookies, how to be notified when you receive a new cookie, or how to disable cookies altogether. Users of the Services who disable cookies will be able to browse certain areas of the website, but some features may not function.
b) Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of the Sites, and to the extent permitted, the App. We also may use other analytic means to evaluate the Services, including tracking email conversions. We use these tools to help us improve the Services performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review Google’s Privacy Policy. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics.
c) Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in Section 5.a above (e.g., by disabling cookies). You also may opt-out of targeted advertising by following the instructions in Section 5.d below.
d) Third-Party Ad Networks. Advertisers may also use technologies like cookies and web beacons to enable them to recognize your computer each time they send you an advertisement even when you are visiting another site. As a result, the advertiser would have the ability to deliver targeted advertisements that they believe would be of most interest to you. We do not have access to or control of the cookies that may be placed on your computer by third-party advertisers.
Users may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
6. Retention of Personal Information
We may retain your Personal Information in our active systems as long as needed to meet the purposes for which it was collected or to fulfill the other purposes outlined herein. The duration for which we store your Personal Information depends on the purpose for which the information is being used.
7. Your Rights
Certain laws, such as the European Union’s General Data Protection Regulation 2016/679, or GDPR, or the United Kingdom’s version of the GDPR, grant individuals specific rights in relation to their Personal Information. Such rights may include a right of access, rectification, restriction of, or objection to, processing of your personal data (including processing for direct marketing), withdrawal of consent (where consent was our basis for processing), and portability to another controller and deletion/erasure. Some of these rights are subject to limitations set forth in the applicable law.
Some features of the Services allow you to review, update and delete your Personal Information from your profile, or to cancel your account. Where this function is not available or you would like assistance with exercising your Personal Information rights, please contact us at privacy@hello-sunshine.com. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder.
For users in the European Economic Area or United Kingdom, if you have concerns about our collection and use of your Personal Information that we cannot solve to your satisfaction, you have the right to file a complaint with the competent Supervisory Authority in your jurisdiction.
8. Links to and between Third Party Sites and Services
We may provide links to third-party sites from the Services (for example, links to third-party book retailers), solely for your convenience. Because we do not control the information policies or practices of these third-party sites, you should review their privacy policies to learn about how they collect and use your Personal Information. This Privacy Policy applies solely to information collected by the Services. We make no guarantees about the accuracy, currency, content or quality of the information provided by such third-party websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
For avoidance of doubt, if we provide links to social media platforms, such as Facebook, Instagram or Twitter, and you choose to visit those websites through our links, or if you use these platforms to log into the Services, please note that the information you post, transmit or otherwise make available on or through those platforms will be shared with those platforms and may be viewed by the general public. We do not control user-posted content on social media homepages and are not responsible for any third-party use of your information that you have posted, transmitted or otherwise made available there.
9. Security
We have taken steps to help protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
10. Your California Privacy Rights
a) Scope. This section applies only to California residents who use the Services. It describes how we collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA.
b) Your Rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
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Access. You can request, up to two times each year, that we disclose the categories and/or specific pieces of Personal Information that we collect, use, disclose, and may sell.
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Deletion. You can ask us to delete the Personal Information that we have collected from you, subject to certain exceptions such as to complete a transaction for you, to exercise our rights, or to comply with a legal obligation.
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Opt-out of Sale. If we sell your Personal Information, you can opt-out of any sale of your Personal Information.
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Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.
c) Exercising your Right to Access and Deletion. You may submit an access or deletion request by emailing privacy@hello-sunshine.com or calling 310-432-9706. We will need to verify your identity to process your request and reserve the right to confirm your California residency. To verify your identity, we may require you to verify your email address, or to provide government identification or other information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with written confirmation that you have given the authorized agent permission to submit the request.
d) Personal information that we Collect, Use and Disclose. The list below summarizes the Personal Information we collect through the Services by reference to the categories of Personal Information specified in the CCPA. Please see Section 1.a above for a general description of the Personal Information we collect through the Services.
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Personal Information Collected. Identifiers/biographical information, commercial information, payment card information, internet or other electronic network activity information, geolocation information, visual information, and inferences drawn from the above. The sources of this information are the consumer, analytics providers, and service providers.
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Disclosure of Personal Information. In the last 12 months, we disclosed the following categories of personal information to our service providers for business purposes: Identifiers/biographical information, commercial information, payment card information, internet or other electronic network activity information, geolocation information, visual information, and inferences drawn from the above.
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“Sale” of Personal Information. In the last 12 months, we have not “sold” or “disclosed” Personal Information to third-parties for their “business purposes” or “commercial purposes” as such terms are defined in the CCPA, nor do we offer financial incentives associated with our collection, use, or disclosure of your Personal Information.
e) California Shine the Light Law. In addition to the above rights, if you are a California resident, you may request that we provide to you: (i) a list of the categories of Personal Information about you that we have disclosed to third-parties for those third-parties’ direct marketing purposes during the calendar year preceding your request; (ii) the names and addresses of such third-parties; and (iii) if the nature of the third-parties’ businesses cannot reasonably be determined from their names, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third-parties’ businesses. To submit your request, please e-mail us at privacy@hello-sunshine.com. However, please note that as stated above, we do not currently disclose Personal Information to third-parties for those third-parties’ direct marketing purposes.
11. European and United Kingdom Users
We collect and process Personal Information in our capacity as a data controller under the European and U.K. General Data Protection Regulations. We will process your personal data in accordance with applicable data protection law and this Privacy Policy. We will have a lawful basis to process your data if: we are legally obligated to process it; we must process it to provide you with products or services you have requested; you have consented to the processing; and/or we have a legitimate interest in processing your data, including for fraud prevention, network and information systems security, data analytics, enhancing, modifying or improving our services and Sites, identifying usage trends, determining the effectiveness of promotional campaigns, and personalization of the Services; in each case as described herein. For transfers of personal information from the European Economic Area or the United Kingdom to our third-party vendors located in jurisdictions that have not received an adequacy determination, we rely on the commitments set forth in the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses).
12. Children
The Services are not directed to persons under 18. We do not knowingly collect Personal Information from children under 13. If a parent or guardian of a child under the age of 13 becomes aware that his or her child has provided us with personal information without such parent or guardian’s consent, he or she should contact us and we will delete such information from our files.
13. International Data Transfers
This website is hosted in, and the Services are provided from, the United States. In order for us to provide the contracted Services to you, it is necessary that your personal information is transferred to, and stored at/processed in, the United States. We may also engage service providers or business partners located in other countries who may receive your information in accordance with this Privacy Policy and applicable law. Those countries may offer less privacy protection than your country of residence, and in certain instances your personal information may be accessible by foreign courts, law enforcement authorities and national security authorities in those countries.
14. Changes to This Privacy Policy
This Privacy Policy is incorporated into our Terms & Conditions. We reserve the right to change this Privacy Policy from time to time, consistent with applicable law. We will post a notification on the Sites and the App in the event of any material changes to this Privacy Policy. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Services. Any use by you of the Services after such changes shall conclusively be deemed to be your acceptance of such revisions. We encourage you to review this Privacy Policy periodically to be informed of any such revisions.
To the extent there is a conflict between this Privacy Policy and our Terms & Conditions, the Terms & Conditions supersede and control.
15. Contact Us
If you have any questions about this privacy policy or the practices described herein, you may contact privacy@hello-sunshine.com or 10635 Santa Monica Blvd., Suite #350, Los Angeles, CA 90025.