Privacy & Legal

Privacy Policy

Effective: Jan 1, 2020. View prior consumer policy here and partner policy here.

This Privacy Policy describes how b8ta, Inc. and our corporate affiliates (collectively "b8ta," "we", “us” or "our") handle personal information that we collect through the following channels and as otherwise described in this Privacy Policy:

  • our websites and other digital properties that link to this Privacy Policy (collectively, the “Site”);
  • our brick-and-mortar retail stores (together with the Site, the “Service”);
  • our marketing activities; and
  • our social media accounts and platforms.

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

  • Contact data, such as your first and last name, email address, billing and mailing addresses, and phone number.
  • Profile data, such as your username and password that you set to establish an online account with us, and other information that you add to your profile, such as your photograph, interests and preferences.
  • Communications that we exchange, including when you contact us with questions, feedback, or otherwise.
  • Research data that you provide when you agree to participate in our surveys or research activities, such as your survey responses.
  • Transactional data, such as the information needed to complete your orders on or through the Service (including name, credit card information, bank account number, billing and shipping information), and your purchase history.
  • Marketing data, such as your preferences for receiving communications about products sold through our Service, services, events, promotions and publications, and details about how you engage with our communications.
  • Content that you post or upload to areas of the Service visible to other users, such as product reviews or comments.
  • Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

  • Publicly-available sources, such as social media platforms.
  • Business partners, such as our brand partners who sell their products through the Service, our joint marketing partners and our event co-sponsors.
  • Your organization when you are employed by one of our business partners who gives us your information to facilitate creation of your user account on the Service.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interactions over time with our Service and other sites and online services, such as:

  • Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, IP address, unique identifiers, the website you visited before browsing to our website, general location information (such as city, state or geographic area) and precise geolocation (when you give us permission to collect it in your device’s settings).
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
  • In-store sensor data, such as information collected about visitors to our stores from video cameras, smartphone detectors, Wi-Fi networks, and other devices. For example, we collect information from Wi-Fi signals sent by your mobile device when you visit our stores, including unique identifiers, along with the time, signal strength and location of the sensor that observed your device. We may use this information to measure visit durations. We also record live video in our stores to determine the paths visitors take through our space and to estimate the demographic attributes of store visitors, such as age and gender.
  • Security camera footage from our stores.

Cookies and similar technologies. Like many online services, we use the following technologies:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Locally stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

Information about others. Users of the Service have the opportunity to share contact information of others with us. Please do not do so unless you have their permission.

How we use your personal information

We use your personal information for the following purposes or as otherwise described at the time we collect it:

Service delivery. We use your personal information to:

  • provide, operate and improve the Service and our business;
  • establish and maintain your user profile on the Service;
  • fulfill the orders you place through the Service;
  • enable security features of the Service, such as sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
  • communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
  • understand your needs and interests, and personalize your experience with the Service and our communications; and
  • provide support for the Service, respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Marketing and advertising. We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:

  • Direct marketing. We may send you B8ta-related or other direct marketing communications as permitted by law, including by email and mail. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
  • Interest-based advertising. We may contract with third-party advertising companies and social media companies to display ads on our Service and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data and/or geolocation data described above) over time across our Service and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. You can learn more about your choices for limiting interest-based advertising, in the Advertising choices section below.
  • Testimonials and feedback. With their consent, we may publish testimonials and comments from users and identify them by their name or city.

Compliance and protection. We may use your personal information to:

  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • protect our, your or others’ rights, privacy, safety, security or property (including by making and defending legal claims and security monitoring in our stores);
  • audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • enforce the terms and conditions that govern the Service; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:

Affiliates. Our corporate affiliates for purposes consistent with this Privacy Policy.

Service providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as IT, hosting, customer relationship management and support, payment processing, print and mail fulfillment, order fulfillment and shipping, data management, email delivery, marketing, research, website analytics, in-store sensor analytics, event management services, promotions, sweepstakes, contests and surveys).

Business partners. Business partners, including event co-sponsors, companies with whom we jointly-market products and services, and brands and retailers that market and sell their products in our stores and on our Site, who may collect your information directly through our Service or with whom we may share your information as described to you when it is collected. Our business partners’ use of your personal information is governed by their own privacy policies.

Advertising partners. Third party advertising companies that collect information about your activity on the Service and other online services to help us advertise our services, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms. Our advertising partners’ use of your personal information is governed by their own privacy policies.

Other users and the public. Other parties who can view your product reviews, comments or other content on areas of the Service accessible to other users and the public, where it can be copied and retained even after you modify or delete it.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and operations purposes described above.

Business transferees. Relevant participants in business transactions (or potential transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, B8ta or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Your choices

You have the following choices with respect to your personal information.

Access or update your information. If you have registered for an account with us, you may review and update certain account information by logging into the account.

Opt-out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. You may continue to receive service-related and other non-marketing emails.

Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and our Site may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. We use Google Analytics to help us understand user activity and patters on the Site. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google protects your data at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en. Your web browser may provide functionality to clear locally stored objects in your browser storage.

Advertising choices. You can limit use of your information for interest-based advertising by:

Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above. Even after using these opt-out mechanisms, you may receive interest-based advertising from other companies.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.

Third party platforms. If you choose to connect to the Service through your social media account such as Facebook, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third party platform, that choice will not apply to information that we have already received from that third party.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or other online services that are not associated with us. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not intended for use by children under 16 years of age. If we learn that we have collected personal information from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

You can reach us by email at privacy@b8ta.com and by mail at b8ta, Inc. 121 2nd Street, 6th Floor, San Francisco, CA 94105, Attention: Legal.

Important information for California residents

Scope. This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents when we act as a “business” as defined under the California Consumer Privacy Act of 2018 (“CCPA”), and their rights with respect to their 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. Additionally, this section does not apply to information we collect from you in the course of communicating with you in your capacity as an employee, controlling owner, director, officer or contractor of an organization (i.e., company, partnership, sole proprietorship, non-profit or government agency) in the context of performing due diligence on, or providing or receiving products or services to or from, that organization.

Your California privacy 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.

  • Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
    • The categories of Personal Information that we have collected.
    • The categories of sources from which we collected Personal Information.
    • The business or commercial purpose for collecting and/or selling Personal Information.
    • The categories of third parties with whom we share Personal Information.
    • Whether we have sold your Personal Information or disclosed it for a business purpose, and if so, the categories of Personal Information sold or disclosed for a business purpose and the categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
  • Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
  • Deletion. You can ask us to delete the Personal Information that we have collected from you.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

We do not sell your personal information. Based on our understanding of the term “sell” under the CCPA, we do not “sell” your Personal Information. However, like many companies online, we have in the past 12 months used services provided by Google, Facebook and others that help deliver interest-based ads to you, as described in the section above entitled Interest-based advertising. Use of these services may constitute a “sale” of Personal Information as defined by the CCPA.

How to exercise your rights. You may exercise your right to information, access or deletion by:

We reserve the right to confirm your California residency to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights. Government identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Personal information that we collect, use and disclose. The chart below describes the Personal Information we collect by reference to the Personal Information categories specified in Section 1798.140(a) of the CCPA, and describes our practices during the 12 months preceding the last updated date of this Privacy Policy. The terms used in this chart are described in more detail in the sections of this Privacy Policy entitled Personal Information We Collect, How We Use Your Personal Information and How We Share your Personal Information. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of Personal Information not described below.

CCPA category of personal information (PI): Identifiers

PI we collect in this category

  • Contact data
  • Profile data
  • Transactional data

Source of PI

  • You
  • Third party sources

Business/commercial purpose for collection

  • Service delivery
  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Commercial Information

PI we collect in this category

  • Profile data
  • Research data
  • Transactional data
  • Marketing data
  • Online activity data
  • In-store sensor data

Source of PI

  • You
  • Third party sources
  • Automatic collection

Business/commercial purpose for collection

  • Service delivery
  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Financial Information

PI we collect in this category

  • Transactional data

Source of PI

  • You

Business/commercial purpose for collection

  • Service delivery
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Identifiers (online)

PI we collect in this category

  • Profile data
  • Device data
  • In-store sensor data

Source of PI

  • You
  • Automatic collection

Business/commercial purpose for collection

  • Service delivery
  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Internet or Network Information

PI we collect in this category

  • Research data
  • Transactional data
  • Marketing data
  • Device data
  • Online activity data
  • In-store sensor data

Source of PI

  • You
  • Third party sources
  • Automatic collection

Business/commercial purpose for collection

  • Service delivery
  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Sensory Information

PI we collect in this category

  • In-store sensor data
  • Security data

Source of PI

  • Automatic collection

Business/commercial purpose for collection

  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Geolocation Data

PI we collect in this category

  • Your device’s precise location, when you give us permission to access it

Source of PI

  • Automatic collection

Business/commercial purpose for collection

  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Protected Classification Characteristics

PI we collect in this category

  • Gender and age estimates based on in-store sensor data

Source of PI

  • Automatic collection

Business/commercial purpose for collection

  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees

CCPA category of personal information (PI): Inferences

PI we collect in this category

  • May be derived from any of the foregoing to create consumer profiles

Source of PI

  • b8ta

Business/commercial purpose for collection

  • Service delivery
  • Research & development
  • Marketing & advertising
  • Compliance & protection

Categories of other parties to whom we disclose PI for a business purpose

  • Affiliates
  • Service providers
  • Business partners
  • Advertising partners
  • Professional advisors
  • Authorities and others
  • Business transferees