Get answers and information about:
WHAT KIND OF INFORMATION DO WE COLLECT & HOW DO WE USE IT?
WHAT INFO DO WE SHARE AND WITH WHOM?
CAN I DISABLE COOKIES OR NOT?
HOW CAN I DELETE MY POSTED CONTENT?
FOR CHILDREN, HOW DO WE HANDLE PERSONALLY IDENTIFIABLE COLLECTED FROM THEM?
WHAT ABOUT LINKAGES TO OTHER WEBSITES?
INTERESTED-BASED ADS - ONLINE ADVERTISEMENTS
IS MY PERSONAL INFO SAFE?
HOW CAN I ACCESS MY INFO?
CAN I “OPT-OUT” OF GETTING PROMOTIONAL EMAILS?
FOR NEVADA RESIDENTS
FOR CALIFORNIA RESIDENTS
WHERE IS MY INFO STORED?
HOW TO CONTACT YOU?
We may collect personally identifiable information ("PII" - for example, your full name, email address, mailing address, telephone number, mobile phone number or payment information) from you when you voluntarily submit the information to us, such as when you purchase items from us, sign up for one of our services or programs, or register with our Site. We may also collect PII from you--either directly or via one of our vendors--in other ways, including, without limitation, if you choose to subscribe to our email program; participate in sweepstakes, contests, surveys, and polls; participate in our Personal Shopper program; post content or suggestions on this Site; or use any of this Site’s other features that otherwise permit you to provide information or other content.
We also may collect other information about you, including, without limitation, demographic information (such as number of household members, age, and gender) and information about your purchase preferences directly from you (whether online or offline) or from vendors such as public databases, social media platforms, data append services, and others. In addition, we may collect information (such as your interests, hobbies, and lifestyle choices; groups with which you are affiliated; and products you want, like, or own) from you as you use this Site and when you choose to provide this information to us through any interaction with this Site or otherwise.
We may use the information we collect from and about you to: process and fulfill your order, notify you of your order status, prevent fraud, and otherwise provide you with customer service; respond to your inquiries and requests; create an account and register you as a registered Site user ("Registered User") and/or Shop Your Way member ("Member"); for marketing purposes and to send you information regarding this Site and other SU Sites, as well as about our products, programs or services; provide you with mobile alerts, if you have requested them; customize your experience on this Site and on other SUNPEAK Sites; provide you with relevant offers, products and services; permit you to use this Site’s social networking features; or provide you with other services. Please note that message and data fees may apply if you register for mobile alerts. We may also use the PII we collect from and about you for our business purposes, such as data analysis, audits, developing new products and services, enhancing our Sites, improving our services, personalizing your experiences, identifying usage trends and determining the effectiveness of our promotional campaigns.
Some Site features may make use of your device attributes and settings that will allow our Site to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize your experience and provide you with offers, products and services that may be of interest to you. For example, this Site may help you find your closest store or send you messages that may be of interest to you based on your current location. SUNPEAK has no control over your device settings, but we do recommend enabling location services on your device so you can take advantage of the location-based features and functionality offered by this Site.
Non-PII may be collected from you by means of cookies, pixel tags (also called web beacons or clear gifs), local shared objects and other technologies. Cookies are small bits of information that this Site places on your computer. We and our vendors use these technologies to identify your IP address, browser type, device characteristics, domain name, referring URLs and specific links and web pages through which you click. This data is collected automatically and utilized for data analytics, site operations, fraud prevention, and to help us improve this Site and your overall experience. This technology also allows us to recognize you when you return to this Site and to provide you with a customized experience that we feel will be of value to you. We may use and disclose non-PII in any manner for any purpose, except where prohibited under applicable law.
We may share your PII with selected vendors with which SUNPEAK or its affiliates have a relationship and which have agreed to appropriate restrictions on the disclosure and use of your information.
We may disclose your PII to identify you to anyone to whom you send messages through this Site. You may disclose your own PII on message boards, chat, profile pages, blogs and other social networking features and services to which you are able to post information and materials. Please note that any information you post or disclose through these services may be available to Site visitors and to the general public, depending on the particular service and any privacy settings in place (such as through your profile).
We may share your PII with our vendors that need access to your information to provide operational or other support services, such as payment processors, shipping agents, and product fulfillment vendors. These vendors must agree to appropriate restrictions on the disclosure and use of your information. Unless otherwise disclosed to you, these vendors are prohibited from using your PII for their own marketing purposes.
We may provide information about you, which may include PII, to regulatory authorities and law enforcement officials in accordance with applicable law, when we otherwise believe in good faith that the law requires it or to respond to requests from government authorities. There may be instances when we may use or disclose your PII in order to protect or defend the legal rights, property or operations of SUNPEAK or our employees or agents; to protect the rights, privacy, safety or security of users, members or others; to protect against fraud; and to allow us to pursue available remedies or limit the damages that we may sustain.
SUNPEAK may sell, transfer and/or share PII in connection with a merger, reorganization, joint venture, assignment, spin-off, transfer or sale or disposition of all or any portion of our business, and in the event of a store closing or bankruptcy.
Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function. If you do elect to disable cookies, please note that you may not be able to take full advantage of a personalized experience on this Site and on other SUNPEAK Sites.
If you are under 18 and a Registered User or Member, you may ask us to remove content or information that you have posted to the Site.
This Site is intended for a general audience and not directed to children less than 13 years of age. We do not intend to collect PII in a manner that is not permitted by Children’s Online Privacy Protection Act (“COPPA”). If you are under 13, do not provide any PII to us. If we obtain actual knowledge that we have collected Children’s PII in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
This Site may contain links to content from other websites or applications that are not owned and operated by SUNPEAK. SUNPEAK is not responsible for the privacy practices of non-affiliated websites or applications, including, without limitation, those that are linked to or framed on this Site. You should read the privacy statements of each and every website and application that collects PII.
This Site may display ads from other companies. We also partner with vendors to serve ads on our behalf on other non-affiliated sites or apps. Some of the ads on this Site or on other sites or apps may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your device’s browsing activity. For example, anonymous information collected by our ad networks or other vendors across multiple sites that you visit may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you. We may share your information with our service providers to permit them to recognize and serve targeted ads to you across the different devices you use. Before we share your information, we transform, or “hash”, it so that it is not in personally identifiable form.
These opt-out mechanisms rely on cookies to remember your choices with respect to ad-serving on websites. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests based on activities observed on our Site and/or web sites or mobile apps not owned and operated by SUNPEAK
We maintain reasonable and appropriate physical, electronic and procedural safeguards to protect your PII. While we work very hard to protect your privacy, no method of security is 100% effective, and we cannot be responsible for the actions of those who may gain unauthorized access to your PII. SUNPEAK makes no warranties, express, implied or otherwise, as to the ultimate effectiveness of its reasonable and appropriate safeguards.
You can personalize your experience on this Site and other SUNPEAK Sites by becoming a Registered User or Member. By registering, you will be able to tell us what products and services interest you, and whether you wish to receive information about special sales, promotions and other events. Once registered, you can submit, review and maintain your account profile information at any time by accessing your profile from within the particular Site. Your account information is accessible by using a password that you select or, if available and you choose to enable this feature, by using social networking login credentials for other non-affiliated sites such as Facebook or Google.
From time to time, we may send you emails with promotional offers and messages. If you would no longer like to receive emails with promotional offers and messages from this Site, you can unsubscribe from these emails by following the unsubscribe link located at the bottom of each promotional email. Please note that you may still receive transactional notices in email or other non-promotional emails (e.g. order confirmations, shipping notices, account statements, or important information regarding a product you have purchased) which will not have an unsubscribe link as they are not marketing emails.
Collection, Use and Disclosure of PI
The table below describes each category of PI we Collect and includes examples of types of PI that may fall into a specific category. We Collect the below categories of PI directly from you, your Device or browser, our Vendors (defined in the table below), suppliers, public databases, social media platforms, and data append services. We Collect, use and share the PI we Collect for the Business Purposes in the bulleted list below. We share your PI for our Business Purposes with the categories of recipients set forth in the table below.
· Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services
· Detecting security incidents and protecting against malicious, deceptive, or illegal activity
· Debugging the Site to identify and repair errors
· Internal research and development
· Quality and safety assurance, and improving, upgrading, and enhancing the Site and our products and services
· Processing and managing interactions and transactions on the Site and our products and services
Category of Personal Information
Categories of Recipients of
1. Identifiers (e.g., name, nicknames, aliases, social media handles, contact information including email, phone, and address, User IDs, passwords, IP addresses, device IDs, account names and numbers)
Vendors that assist us in providing the Site, our products and services, and/or running our internal business operations (“Vendors”); Analytics and advertising partners
2. Personal Records (e.g., education, employment history, financial account information)
3. Personal Characteristics and traits (e.g., age, gender, household information, marital status, veteran or military status)
4. Customer Account Details / Commercial Information (e.g., purchase history or service history)
5. Internet Usage Information (e.g., browsing history, referring URLs, search history, interactions with advertising links, mobile application usage, social media information linked to your account with us)
Vendors; Analytics and advertising partners
6. Geolocation Data (e.g., your location we infer based on your IP address)
Vendors; Analytics and advertising partners
7. Sensory Data (e.g., voice recordings from call centers, profile photos you place on your Shop Your Way profile, or security video footage from our stores)
8. Professional or Employment Information (e.g., education level, employment status)
9. Inferences from PI Collected (e.g., customer profiles including shopping preferences, product preferences, customer characteristics and behaviors)
Vendors; Analytics and advertising partners
Right to Opt-Out of Sale of Personal Information
We may disclose your PI for the following purposes, which are not a Sale under the CCPA: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.
We do not believe that cookies operated by our vendors that facilitate online advertising or other activities in connection with our online services, which themselves Collect and share PI, are a sale by us of your PI under the CCPA. However, we provide Consumers who use our online services a way to manage their cookie preferences based on categories of cookies through our management tool available here. You will need to do this on each browser that you use to access our Site, and clearing cookies on your browser(s) may disable your preference settings.
In addition, some third-party cookie operators that Collect PI in connection with our online services for advertising, analytics and other purposes offer you the ability to opt-out of their own downstream Sales.
Some browsers have signals that may be characterized as do-not-track signals, but like many website operators, we currently do not understand them to operate in that manner or to signify a request to opt-out of the Sale of your PI. We understand that various parties are developing signals to communicate such requests, and we may recognize certain such signals if we conclude such a program is appropriate.
Rights to Know and Delete Personal Information
California Consumers have the right to exercise certain privacy rights under the CCPA. Any request you submit to us is subject to an identification and residency verification process. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we Collected PI.
If you are unable to provide us with certain information about yourself or, in some cases, about your transaction history with us, we will be unable to verify your identity to fulfill a request to know or delete. As an initial matter, we require you to provide your name, address, email address, and phone number to be submitted via our online request form or toll-free telephone number below. In some cases, we may verify identity by confirming that you are the owner of the email address we have on file. For your specific pieces of information, as required by the CCPA, we will apply heightened verification standards, and reserve the right to request further information from you, in addition to the information mentioned above.
Some PI we maintain about Consumers is not sufficiently associated with a Consumer for us to be able to verify that it is a particular Consumer’s PI (e.g., clickstream data tied only to a Pseudonymous browser ID). As required by the CCPA, we do not include that PI in response to verifiable Consumer requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we Collect, Process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
You may use an authorized agent who meets the agency requirements of the CCPA to submit a consumer rights request. If you use an authorized agent to submit a request, we may require proof that the agent has been authorized by you to do so, and take other steps permissible under the CCPA, to ensure it is a proper request by an authorized agent.
a. The Right to Know
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
· The categories of PI we have Collected about you.
· The categories of sources from which we Collected your PI.
· The Business or Commercial Purposes for our Collecting or Selling your PI.
· The categories of third parties to whom we have shared your PI.
· A list of the categories of PI disclosed for a Business Purpose in the prior 12 months, or that no disclosure occurred.
· A list of the categories of PI Sold about you in the prior 12 months, or that no Sale occurred. If we Sold your PI, we will explain:
o The categories of your PI we have Sold.
o The categories of Third Parties to which we Sold PI, by categories of PI Sold for each Third Party.
ii. Specific Pieces
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have Collected in the period that is 12 months prior to the request date and are maintaining.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
b. The Right to Deletion
You may request that we delete your PI that we have Collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not Collect directly from you. Exceptions do apply, including, without limitation, where we need to retain your PI for regulatory reasons, to complete a warranty or other contract with you, or other internal uses of the information that are compatible with the context in which you provided it.
California Shine the Light Law
California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure of personal information to third parties for their own direct marketing purposes. Separate from your CCPA opt-out rights, you have additional rights regarding disclosure of your information to third parties for their own direct marketing purposes.
We do not share personal information with third parties for their direct marketing purposes. If you are a California resident, you may request information about our compliance with Shine the Light by contacting us at email@example.com.
Any such request must include “California Shine the Light Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.
California Transparency Act
California Transparency in Supply Chains Act (SB 657)
On January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657) went into effect in the State of California. Under the law, large manufacturers and retailers are required to disclose their efforts to eradicate slavery and human trafficking within their supply chains. The law’s underlying purpose is to educate consumers, so they can make informed decisions and purchase goods from companies that responsibly manage their supply chains.
At SUNPEAK INTERNATIONAL INC., we hold ourselves and our vendors accountable to high ethical standards wherever we do business. SUNPEAK INTERNATIONAL INC. works diligently to ensure SUNPEAK.’s products are produced ethically by our suppliers and in accordance with SUNPEAK's Standards of Vendor Engagement (“SUNPEAK’s Standards”) and SUNPEAK's Vendor Conduct Guide, which our suppliers are subject to as a condition of doing business with SUNPEAK INTERNATIONAL INC..
In addition to our efforts focused on SUNPEAK’s supply chain, we also regularly collaborate with NGOs, brands, governments, international organizations and other expert stakeholders to help advance working conditions and eliminate forced labor from the global supply chain more broadly.
Verification of Product Supply Chains
All production facilities manufacturing SUNPEAK INTERNATIONAL INC. owned-brand goods, SUNPEAK INTERNATIONAL INC. exclusive goods and nationally-branded goods for which SUNPEAK INTERNATIONAL INC. is the importer of record must be registered before SUNPEAK INTERNATIONAL INC. will accept goods produced there. As part of our efforts to verify our suppliers’ compliance with SUNPEAK’s Standards and applicable laws, each of those production facilities must complete a human rights and compliance questionnaire as part of the registration process, freely and cooperatively submit to responsible sourcing audits conducted by SUNPEAK INTERNATIONAL INC. approved third-party auditor partners, and submit those audit reports to SUNPEAK INTERNATIONAL INC.. SUNPEAK INTERNATIONAL INC. utilizes a risk-based approach in supply chain verification efforts, including how we prioritize facility audits. We use a variety risk intelligence sources, and focus on the operating conditions of the country as well as any product-specific risks. We also leverage an internal, cross-functional team of company leaders and compliance personnel to evaluate proposed shifts or expansions in overseas production to ensure regional and/or commodity-related risks are accurately identified and appropriately weighed.
In addition to our standard audit process, we also assess workforce demographic risks, and where appropriate, deploy experienced auditors with deep knowledge to conduct a supplemental assessment specific to foreign contract workers and supplier recruitment practices. This supplemental assessment includes reviewing hiring practices, interviewing labor agencies, analyzing migrant worker conditions, auditing living accommodations and generally understanding the migrant worker employment experience at a given facility and we take action on the findings.
SUNPEAK INTERNATIONAL INC. or our qualified, third-party audit partners conduct facility audits at registered facilities to verify our suppliers’ compliance with SUNPEAK’s Standards. For more information about SUNPEAK’s supplier assessments, review SUNPEAK's Comprehensive Social Compliance Audit Process. We also regularly conduct product safety and quality assurance audits as well as CTPAT supply chain security audits at our suppliers’ facilities. Quality/safety and security auditors are trained to spot potential social compliance concerns (including indicators of forced labor) and to escalate them for further investigation by our internal and independent third-party investigators.
Certification of Compliance with Laws
As an additional condition of doing business with SUNPEAK INTERNATIONAL INC., all our suppliers warrant that the products they supply to SUNPEAK INTERNATIONAL INC. are manufactured in accordance with all applicable laws, regulations and standards – both of the United States as well as their country of origin. SUNPEAK’s Standards expressly prohibit our suppliers from utilizing any forced or compulsory labor and accordingly, we expect our suppliers to remediate indicators when identified. For additional information, review our Labor & Human Rights policies. SUNPEAK INTERNATIONAL INC. will not do business with a vendor that fails to warrant compliance with all applicable laws and will discontinue doing business with a supplier who fails to live up to that promise. Every year we have reiterated to our suppliers, in writing, SUNPEAK’s policy and expectations regarding forced labor. We have also reiterated that this policy and expectation extends not only to our suppliers’ own operations and production facilities, but to their upstream material and component suppliers as well.
In the spirit of continuous improvement, SUNPEAK’s approach to forced labor is consistently evolving as we adopt proven methods, and partner with reputable experts, to help discover and eradicate it from our supply chain. If forced labor indicators are found in a supplier’s production facility, we will work quickly to assess the situation and evaluate a variety of factors including the supplier’s and facility’s ability to remediate, the feasibility of providing meaningful remedy to impacted workers and the likelihood of sustained improvement. When remediation is achievable, the supplier is required to work with the facility, in consultation with SUNPEAK INTERNATIONAL INC. and industry experts, to develop and implement an appropriate corrective action program in keeping with our ‘do no harm’ aspiration. If the situation is not conducive to remediation, then we will work to disengage responsibly from a facility.
SUNPEAK INTERNATIONAL INC. Team Member and Supplier Training
SUNPEAK INTERNATIONAL INC. administers mandatory training for team members responsible for sourcing and merchandising decisions on an array of topics, including SUNPEAK’s Standards and SUNPEAK’s Social Compliance program. We also require all team members to comply with our Business Conduct Guide, which includes an annual review of SUNPEAK’s Standards. SUNPEAK INTERNATIONAL INC. has an extensive library of social compliance training available for our suppliers, as well as a facility education guide that includes a social compliance section. SUNPEAK INTERNATIONAL INC. also provides in-person, in-facility and classroom training options for a variety of compliance topics, including forced labor and human trafficking.
As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.
Your PII may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Site, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country. This Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.