Effective Date: [7/16/2024]
This site is operated by Airo Brands, Inc., and its affiliates, subsidiaries, and parent companies (hereafter collectively referred to as “we,” “us,” and “our” through this Policy). This Policy (this “Policy”) is designed to advise you about how your Personal Information (as defined below) is collected, used, and shared when you visit or make a purchase from any of our websites and online services, including, without limitation, https://airobrands.com/ and our Facebook, Instagram, X and other social media or interactive pages that link to this Policy (collectively, the “Site”). By visiting the Site, ordering our products or using our services, you are accepting the practices described in this Policy, as modified from time to time by us in our sole discretion. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check back from time to time so you are aware of any changes or updates to this Policy.
1. What Information is Collected.
[When you visit the Site, we automatically collect certain information about your device, including information about your web browser, internet protocol (IP) address, time zone, and some of the cookies that are installed on your device, and, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site (collectively, “Device Information”). We may also collect information from and about you which may be considered “Personal Information,” as defined under the applicable laws, which identifies you or your device or is reasonably associated with you. We may also collect data including, but not limited to, government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sex life and/or sexual orientation (collectively, “Sensitive Personal Information”). Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain other personally identifying data and information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number (collectively, “Order Information”). When used in this Policy, “Personal Information” shall refer collectively to Device Information, Sensitive Personal Information and/or Order Information.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties (collectively, “User Contributions”), for example, when you post a review about our products. Please be aware that your User Contributions are available to the general public and therefore are posted on the Site and transmitted to others at your own risk, as we cannot control the actions of other users of the Site who will have access to your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed and/or used by unauthorized persons.
We collect certain aggregated information from our users when they visit the Site. Aggregated information does not relate to a single, identifiable visitor. It tells us how many users visited the Site or the pages accessed.
We also collect certain non-personal information when you visit the Site. Non-personal information is about you but individually does not identify you personally, such as information that relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to your household or device. Without limiting the generally of the foregoing, non-personal information we collect includes information about your internet connection, the equipment you use to access the Site, usage details, browser used, length on the Site, and your IP address.
2. How Information is Collected.
When using the Site, we may collect your Personal Information through the use of cookies, log files, web beacons, tags, pixels or other technology.
A. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. We may use cookies to retarget via Facebook, Instagram and other social media. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
B. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
C. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
3. How Your Personal Information Is Used.
We use the Order Information that we collect generally to:
- For the purposes for which you provided it;
- To communicate with you;
- To process and respond to your inquiries;
- When in line with the preferences you have shared with us, to send you alerts or other communications via SMS messages or other media or networks;
- For internal research and reporting;
- To screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect (in particular, your IP address), to help us screen for potential risk and fraud, and more generally to improve and optimize the Site (for example, by generating analytics about how our customers browse and interact with the Site and to assess the success of our marketing and advertising campaigns).
We may offer you the ability to receive newsletters or marketing periodically by email about our products and services, and the products and services of our affiliates. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you. In the event you opt-into receiving SMS/MMS marketing messages from us, such programs shall be governed by our Terms of Service.
4. Sharing Your Personal Information.
In general, the third-party service providers who operate certain content and features of the Site will only collect, use and disclose your Personal Information to the extent necessary to allow them to perform the services they provide to us.
However, our third-party service providers may have their own privacy policies applicable to the information we are required to provide to them for your purchase-related transactions. For more information about how our service providers use and collect information, please see:
- [Facebook Terms of Service (https://www.facebook.com/terms.php)
- Instagram Terms of Use (https://help.instagram.com/581066165581870)]
Note, that in addition to using the information collected through the Site to provide the services we request, third-party service providers operating certain content or applications on the Site may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site, which may be associated with your Personal Information, or to collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Also note that certain third-party service providers may be located in or have facilities that are located in different jurisdictions. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Please also keep in mind that if you leave the Site or are redirected to a third-party website or application, you will be subject to the terms of such third-party website and you are no longer governed by this Policy or our Terms of Service, even if you accessed the third-party website through a link on the Site.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, respond to a subpoena, search warrant or other lawful request for information we receive, or otherwise protect our rights.
5. Behavioral Advertising.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
6. Our “Do Not Track” Policy.
Although we respect and value your privacy, please note that we do not alter the Site’s data collection and use practices when we see a do-not-track signal from your browser.
7. Your Rights for Residents Outside of the United States.
If you are a European Economic Area (“EEA”), United Kingdom or Switzerland resident, your privacy rights are not governed by this Policy, but instead are governed by the following policies:
- Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of the Site. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; (3) as necessary to comply with a legal obligation to which we are subject; and (4) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy.
- Right to lodge a complaint: Users that reside in the EEA, United Kingdom or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here link: https://edpb.europa.eu/about-edpb/board/members_en.
- Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third-party country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.
- Individual Rights: If you are a resident of the EEA, United Kingdom or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.
- The right to request access to your data. You have the right to access, update, or delete the data we collect from you. Whenever made possible, you can access, update, or request deletion of your data by contacting us in accordance with Section 13 of this Policy. This right also enables you to receive a copy of your data.
- The right to request data correction. You have the right to have any incomplete or inaccurate information we collect from you corrected by us.
- The right to request data erasure. You have the right to have your data erased from the Site if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing of such data.
- The right to request data transfer. We will provide to you, or to a third-party you select, the data we collect from you in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
- The right to withdraw your consent. You have the right to withdraw your consent to us using your data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Sites.
Additionally, if you are a visitor to the Site or other online products and services from outside the United States, please note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests described above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.
8. Your Rights Under State Law.
State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.
[To learn more about California residents’ privacy rights, visit [link to CCPA notice].
[To learn more about Colorado residents’ privacy rights, visit [link to Colorado notice].
[To learn more about Virginia residents’ privacy rights, visit [link to Virginia notice].
[To learn more about Utah residents’ privacy rights, visit [link to Utah notice].
[To learn more about Connecticut residents’ privacy rights, visit [link to Connecticut notice].
[To learn more about Nevada residents’ privacy rights, visit [link to Nevada notice].
To the best of our knowledge, we do not meet any of the legal thresholds which would subject us to the California Privacy Rights Act (“CPRA”). In the event we do meet the legal threshold which would subject us to the CPRA, we shall act in accordance with the CPRA.
9. Our Data Retention Policy.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you request we delete your Personal Information in accordance with this Policy. As an exception, we will not delete your Personal Information where we still have a legitimate interest to use your Personal Information, such as enforcing our Terms of Service, resolve disputes, or otherwise comply with legal requirements. In any event, your retained Personal Information under this Section 9 shall not be used for any other purpose. For the avoidance of doubt, we shall not retain your Personal Information longer than necessary for the purposes outlined in this Policy.
10. Changes to Our Privacy Policy.
We reserve the right to update or otherwise change this Policy from time to time in order to reflect changes to our practices or for other operational, legal or regulatory reasons. Any such updates or changes will be effective immediately upon being posted, unless otherwise stated in the change.
11. Trademark Rights.
We and our affiliates, licensors and content providers are the owners of all the trademarks used on the Site. Third parties are not allowed to sell products that use or apply any of our trademarks, logos and identifying marks without our express written consent.
12. Children’s Guidelines.
Visitors to the Site must be at least twenty-one (21) years of age and otherwise above the age of majority in their state, province or country of residence (the “Required Age”). Individuals under the Required Age should not submit or post any information on the Site. Without limiting the foregoing, the Site is not intended for any person under the Required Age. No one under the Required Age may provide any information to or on the Site. We do not knowingly collect personal information from individuals under the Required Age. If you are under the Required Age, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from any individual under the Required Age, we will delete that information. If you believe we might have any information from or about an individual under the Required Age, please contact us at 201 Edward Curry Avenue, Staten Island, NY 10314.
California residents under the Required Age may have additional rights regarding the collection and sale of their Personal Information. Please see Your Rights Under California Law above for more information.
13. Contact Us.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at support@airobrands.com or by mail at the address below:
Airo Brands, Inc.
201 Edward Curry Avenue
Staten Island, NY 10314
We urge you to also carefully read our Terms of Service for more information on the use of the Site.