Privacy policy

This is how we collect and use your information. Last updated April 26, 2022.

Introduction

Thank you for taking the time to read our Privacy Policy for scentbird.com, other online locations where this Privacy Policy is posted (together, the "Website"), and our Scentbird mobile application (the "App") (the Website and App are collectively referred to as the "Site") offered by Scentbird, Inc. ("we", "our", or "Scentbird").

This Privacy Policy describes how Scentbird collects and receives Personal Information about you through the Site and any off-line communications with you such as telephone, e-mail and personal communications ("Off-Line"), and explains how Scentbird shares and stores your Personal Information. Please read this Privacy Policy before using the Site.

We reserve the right to change this Privacy Policy at any time. When the Privacy Policy is revised, the date of the latest revision will appear at the top of this page. If you object to any changes to this Privacy Policy, please contact us immediately with your objection as described in the "SCENTBIRD CONTACT INFORMATION" section at the end of this Privacy Policy. If we are unable to resolve your objections, you may close your account and discontinue use of our Site. Each time you purchase any product or use any service of Scentbird, you acknowledge you have read and understand the current version of this Privacy Policy.

By using or accessing the Site, or by engaging in transactions with Scentbird through any other means, you acknowledge the practices and policies outlined in this Privacy Policy, and the description of the collection, use and disclosure of your Information in the manner described herein. If you object to this Privacy Policy, please do not use the Site or transact business with Scentbird.

For purposes of this Privacy Policy, "Personal Information" or "Personal Data" may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other personal information, as defined by the laws of your place of residence. Both federal and state law in the United States define Personal Information or Personal Data, as do the laws of Canada, the European Union, the United Kingdom, and other countries and jurisdictions. Please recognize that your rights related to Personal Information, and how Personal Information is defined, differ somewhat from state to state and country to country.

What personal information we collect

In connection with our business, we collect and process the following categories of Personal Information of individuals:

• contact information (name, physical address, telephone, and email address);
• age and gender;
• account information (username and password);
• payment information, such as credit card and payment card information (type, number, expiration date, security code), bank account number, billing address, and other related information;
• purchasing history, such as past product purchases, subscription information for subscribers, order numbers, identification of products and quantities purchased;
• information regarding your electronic device(s) and IP address and your use of the Site;
• information contained in our Site and Off-Line communications with you, including survey responses, contact preferences and responses to our marketing efforts;
• inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

How we collect personal information

We may collect Personal Information from you in a number of ways. For example, we may collect Personal Information from you if you choose to create an account or a subscription with us, download or use the Site, complete an online survey or feedback form, visit our Site, rate or review products, sign up to receive communications from us, email us, or order any products or e-gift cards.

We also collect information from other sources. Scentbird automatically receives and records Personal Information on our server logs from your browser as well as through other analysis of the Site. Such information collected may include but is not limited to your browser type, your operating system, your language preference, any referring web page you were visiting before you came to our Site, the date and time of each visitor request, and information you search for on our Site. We can also track the path of page visits on the Site and monitor aggregate usage and web traffic routing on the Site. We may collect Personal Information using cookies, web beacons or similar technologies, or through third parties using similar technologies.

A "cookie" is a piece of data stored on your computer. When you visit the Site, your web browser may store cookies on your computer, which will better enable you to navigate the Site upon return. You can change your web browser settings at any time to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. You may use the Site even if you choose to reject or delete the cookies; however, some functions of the Site may not be available to you if you do so. Cookies also may be used by some of the other websites for which a link is placed on the Site. If you are in the United Kingdom, the European Union or another country where we need your consent in order to drop non-essential cookies on your device, we will not do this without obtaining your consent.

We may access Personal Information about you from third-party sources and platforms like Facebook, other social media and marketing platforms, marketing or ad firms. The Personal Information we collect may include your username and connection services, age range, gender, interests, advertisement interaction and viewing data and unique identifiers like a mobile identification number.

With your consent if required by applicable law, Scentbird may use Google Analytics and other web analytics services, such as Mixpanel, to collect information relating to your use of the Site. These analytics services mainly use cookies to report on your interactions on the Site and help us analyze how users use the Site.

Children and privacy

If you are under 13, DO NOT USE THIS SITE. We do not knowingly collect Personal Information from children under age 13. If you are under age 13, you are not permitted to use the Site.

If you are 13 - 17 years of age, you may visit, browse and use the information on the Site but you may not register an account or submit any Personal Information. If you are 13 - 17 years old, by browsing the Site you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected Personal Information from your child, please notify us immediately by sending an email to support@scentbird.com.

How we use personal information

We use the Personal Information we collect to communicate with you, advertise and of course, improve our Site. We may use any of the information we collect from you to serve you, respond to you, provide customer service and improve the Site and our products and services, including to:

• process and fulfill your orders, and process payments;

• alert you to new features, products, events, or services (if you have opted into receiving marketing communications, as described below);

• process and respond to your customer service and support requests or feedback;

• contact you about your account or profile; for example, we send all registered users a welcome email to confirm registration;

• administer and improve the Site and our products and services, perform security functions, analyze data, perform surveys, and create marketing plans;

• implement credit fraud protection and risk reduction measures;

• make other marketing offers from our affiliates and marketing partners that we think may be of interest of you, subject to your having opted into receiving electronic marketing communications;

• enforce our Terms of Service;

• comply with laws and regulations, collect debts and protect our rights, protect Scentbird against fraud, misuse of our Site or services, comply with tax reporting requirements; and

• for any other reason for which you provided the Personal Information.

We may de-identify and anonymize Personal Information to create statistical data or system usage data, by removing all personal identifiers and/or aggregating your data with other’s data so that it is not identifiable as to any particular person. Such de-identified data may be retained and used by Scentbird to improve its products and services, provided to third parties, and used for any other proper purposes, subject to any limitations of applicable laws.

Sharing personal information with third parties

Depending on how you use our Site, the nature of your Off-Line communications, and our business and commercial needs, we may share your Personal Information in the following situations:

• to our service providers, sponsors, suppliers, vendors and others who help Scentbird provide the Site and our services to you, including but not limited to advertising and ad measurement services, including but not limited to companies such as Iterable. This may include providing Personal Information to third parties for their processing in performing functions on our behalf, particularly the functions listed above in the "HOW WE USE PERSONAL INFORMATION" section. These third party providers will be contractually and/or legally required to protect Personal Information from additional processing (including for marketing purposes) and transfer in accordance with applicable laws;

• to our affiliates;

• to merchants, licensors, activity and event partners and sponsors, and other third parties for their own marketing purposes, such as to provide information to you about their new developments, special events, programs, services, activities, products, attractions, stores, promotions and sweepstakes activities, and other important information. We share your email or other Personal Information with our business partners, such as perfume brand companies, for their marketing purposes only if you have specifically opted-in to receiving communication from that brand or company;

• to third parties to provide analytics or to confirm or update Personal Information provided by you;

• to third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Scentbird's business or operations (including without limitation in connection with bankruptcy or any similar proceedings);

• to our professional advisers, such as auditors and legal counsel;

• oras otherwise authorized by you.

We also may share your Personal Information in response to a subpoena, legal order or official request; when we believe you have acted in violation of the Terms of Service; to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats; to exercise legal rights or defend against claims; or as otherwise permitted or required by law.

We also may use, share or sell non-personally identifiable information, such as aggregated and de-identified data, with third parties. Such data will not be in a form that is identifiable or re-identifiable as to any individual person.

If you elect to participate in any promotions, sweepstakes, surveys, questionnaires, or other events during your visit to the Site, the rules or terms and conditions for those events may indicate that your Personal Information will be shared with third parties with your consent. Please review the applicable rules or terms and conditions for any promotions, sweepstakes, surveys, questionnaires or events.

Do not track

We may, from time to time, collect information about your online activities, over time and across different websites. When you use our Site, third parties may also collect information about your online activities, over time and across different internet websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Sites do not currently change the way they operate based upon detection of a “Do Not Track” or similar signal.

Retention of personal information

Scentbird processes and retains Personal Information to fulfill the purposes identified above, and for so long as is necessary to achieve the purpose for which the information was collected.

Your rights relating to your personal information

Specific Jurisdictions. Depending on where you live, you may have certain rights concerning your Personal Information. For more information on those rights, please see the specific sections below relating to residents of California, the UK, Europe, and Canada.

General. If you otherwise wish to exercise certain rights over your Personal Information, please send an email to support@scentbird.com and we will review your request as appropriate under applicable law.

Opting into and out of communications. You don't have to hear from us or from our marketing

partners, like perfume brands, if you don't want to. We share your Personal Information with our

marketing partners only if you opted-in to receiving communications from them. You may opt out of

receiving future opt-in communications by contacting us as at support@scentbird.com, or by clicking

the "unsubscribe" link at the bottom of any emails you receive from us and follow the instructions

provided.

Your California privacy rights. This section applies to California residents only.

California Consumer Privacy Act (CCPA)

All terms and phrases used under this sub-heading have the same meaning as those terms are defined under the California Consumer Privacy Act of 2018, as amended, and related regulations, as adopted from time to time (collectively, “CCPA”).

Notice of Financial Incentive

Material Terms of Incentive

From time to time, we may provide a discount on your purchase of our products in exchange for you providing your Personal Information, including but not limited to signing up for a subscription. We may use the information you provide to send you messages, market future services or Sites, and for other internal statistical purposes.

How The Incentive Is Reasonably Related To The Personal Information Provided

Our financial incentive program is based upon our reasonable but sole determination of the estimated value of the Personal Information you provide, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under applicable law.

Opt-In

By providing your Personal Information when signing-up for a discount, you are affirmatively opting-in to our incentive program. If you wish to opt-out of the program, do not submit the Personal Information.

Right to Withdraw

If you wish to withdraw from receiving a discount or sample, you may submit such a request by sending an e-mail to support@scentbird.com before completing your order.

Notice of Collection

To learn more about the categories of Personal Information we have collected about you in the twelve months preceding the last date this Privacy Policy was updated, including the sources of collection and how we use and share that information, please see What Personal Information We Collect, How We Collect Personal Information,

How We Use Personal Information, and Sharing Personal Information With Third Parties above

Notice of Disclosure for a Business Purpose

To learn more about the categories of Personal Information we have disclosed for a business purpose to third parties in the twelve months preceding the last date this Privacy Policy was updated, including the categories of third parties who received such information, please see What Personal Information We Collect and Sharing Personal Information With Third Parties above.

Notice of Sale

Although Scentbird does not sell Personal Information to third parties in the traditional sense, Scentbird does share your Personal Information with certain third-party advertising and marketing partners that may be considered a “sale” under the CCPA. The categories of Personal Information shared with such third parties includes certain device identifying information and persistent identifiers, such as your IP address, and other direct identifiers.

Consumer Rights

To submit a request for any of the rights listed below, please send an e-mail to support@scentbird.com. Please note, depending on the type of request submitted, we may undertake reasonable efforts to verify your identity, including but not limited to matching the information you submit in your request with the information we have on file about you, and where appropriate requesting that you sign a declaration under penalty of perjury.

• Right to Know. You have a right to submit a request for the disclosure of the following information: (1) the categories of Personal Information we have collected from or about you in the twelve months preceding the date of your request; (2) the categories of sources from which we have collected that information, and the business or commercial purpose for which we collected that information; (3) the categories of third parties with whom we have shared or sold your information, and the business or commercial purpose for such sharing / selling; and (4) specific pieces of your Personal Information, subject to appropriate exceptions recognized under law.

• Right to Delete. You have a right to request that we delete the Personal Information we have collected about you, subject to certain exceptions available under the law such as, but not limited to, if the information is necessary to complete a transaction with you, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, comply with the law, or to use internally for purposes aligned with your expectations.

• Right to Opt-Out of the Sale of Personal Information. Scentbird does not sell your Personal Information in the traditional sense. We do, however, share your Personal Information, such as your IP address, with third-party advertising and marketing partners who may use your Personal Information for a commercial purpose. Because this type of sharing may be considered a “sale” of Personal Information under the CCPA, we provide you the right to opt-out of that sharing activity. To exercise this right, you may send an e-mail to support@scentbird.com or visit Do Not Sell My Personal Information.

• Right to Non-Discrimination. We will not discriminate against you in any way if you choose to exercise your rights under this section and the CCPA.

Account deletion

Customers can request account deletion in the following ways:

1. By email: Customers can send a written request for account deletion to support@scentbird.com. Our system typically identifies these requests through specific keywords.

2. Through a third-party service: Some customers use third-party services, similar to Truebill, to request account deletion on their behalf.

3. Via the Scentbird Mobile App: Customers can log in to their account, navigate to "Account," then "Personal Information," and select "Submit Account Deletion Request."

4. Through the website chatbot: Customers can log in, click the chatbot icon, and request to connect with a live agent. They should explain their inquiry about account deletion and submit a ticket, which will be handled by our system or a live agent.

Shine the Light

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Scentbird shares your Personal Information with third parties (primarily perfume brand companies) for their direct marketing purposes only if you have expressly opted-in to receiving communications from such third parties. However, to submit a request for such information or to withdraw your consent to such communications, you can contact us as set forth below.

California Minors

California residents under age 18 ("California Minors") have additional privacy rights under California law. A California Minor who uses our Site has the right to either remove content or information posted on the Site by such user, or, if removal of such information by the user himself or herself is not enabled or possible, the user may request and obtain removal of such content or information. To have any content or information provided by a California Minor removed by us, contact us at the contact information provided below. This removal does not ensure complete or comprehensive removal of any such content or information posted.

Your Canadian privacy rights. This section applies to Canada residents only.

Under various Canadian privacy laws, including the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), we are required to comply with certain principles with respect to your Personal Information. These principles are:

1. Accountability: We are accountable for the Personal Information we collect from you. We have developed a data protection policy for your business and appointed the data privacy officer to help you with any concerns related to your Personal Information.

2. Identification of our purposes for collection of Personal Information: This Privacy Policy identifies our purposes for collecting your Personal Information.

3. Provide notice or obtain valid, informed consent, where required: We require our customers to provide notice or obtain consent in respect of the information we process for them, and we obtain your consent to the ways in which we collect, use and disclose your Personal Information, except is some limited, specific situations and as permitted by law (for example, to comply with laws and regulations, to protect our legitimate business interests, and to cooperate with law enforcement and governmental agencies’ requests). If we add a new use, we will request and obtain your consent for that new use before using your Personal Information in that new way. You may withdraw your consent by notifying us as specified below.

4. Limiting collection to identified purposes: We limit the amount and type of the Personal Information we gather to what is necessary for the purposes identified in this Privacy Policy.

5. Limiting use, disclosure, and retention: We limit our use, disclosure and retention of Personal Information to the purposes and uses identified in this Privacy Policy. We will destroy or erase your Personal Information when it is no longer necessary for those authorized purposes.

6. Accuracy: We seek to keep your Personal Information correct and up-to-date. However, we will assume that the information we are supplied is accurate unless we are notified otherwise. You may contact us at any time to correct your Personal Information in our systems.

7. Safeguards: We use reasonable and appropriate safeguards to keep Personal Information secure and private and guard against unauthorized access, loss, and theft.

8. Openness: We make our privacy policies and practices easily available. If you have any questions, you may contact us at any time as set forth in the Contact Information section below.

9. Access: If you request access to your Personal Information that is in our system, by contacting us as set forth below, we will provide you with a copy of that information within 30 days. Upon your request, we will also inform you if we have any of your Personal Information, explain how we’ve you’re your Personal Information, and provide a list of any other organizations to which your Personal Information has been disclosed

10. Recourse for complaints: You have the right to challenge our compliance with these guidelines. We commit to investigate all complaints and to modify our privacy practices if necessary.

If you wish to exercise any of your rights or make any requests relating to your Personal Information or data under the principles outlined above, you may contact our Data Privacy Officer at the contact information set forth below. We may be unable to remove, correct or provide access to Personal Information to the extent that we are processing it on behalf of our customer, it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your Personal Information may prevent or hinder us from providing further services and information to you.

We may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. The information provided shall only be used for this purpose.

Your Personal Information may be transferred outside of Canada for processing and storage. We and our service providers may store Personal Information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your Personal Information may be accessed by law enforcement authorities or the courts in such jurisdictions

Your United Kingdom and European Economic Area privacy rights. This section applies only to individuals in a country in the United Kingdom and European Economic Area

For the purposes of data protection law in the United Kingdom and European Economic Area countries. Scentbird is the "controller" of your Personal Data as described in this notice.

The laws of those countries provide a number of reasons for which we may collect and use your Personal Data. Our reasons are as follows:

• Performance of a contract with you or taking steps to perform a contract where you buy our products and services or register as a user on our Site.

• Your consent where you tick a box or other specifically agree to receive email newsletters about our services and products or those of third parties such as our affiliates and marketing partners.

• Necessity in our legitimate interest in operating our business, for example, when obtaining your feedback, administering or improving the functionality of the Site, or conducting analyses to understand your interests or complying with US tax reporting. Here, we will only use your Personal Data in a way which you might reasonably expect and which does not materially affect your rights.

• Legal compliance, for example, in relation to a criminal investigation.

We will transfer your Personal Data to the United States, which might not ensure the same level of protection as the data protection laws of those countries. When we receive your Personal Data in the United States we will comply with the General Data Protection Regulation or UK data protection law to the extent it applies to our use of your Personal Data.

You have certain rights over your Personal Data used by us. These rights are explained below but they are subject to certain exemptions.

• Right of access – the right to request a copy of the Personal Information we have about you and to request supporting information explaining how the Personal Information is used

• Right of rectification – the right to request that we rectify inaccurate Personal Information about you.

• Right of erasure – the right to request that we erase Personal Information about you in certain circumstances. These include where we are using Personal Data because you have given us your consent and where you have objected (see below) to our use of your Personal Data based on our or a third party's legitimate interests and we don't have an overriding reason to continue to use it.

• Right to restrict processing – in some situations, you have the right to request that we do not use the Personal Information you have provided (e.g. if you believe it to be inaccurate).

• Right to data portability – you have the right to receive certain of your Personal Information in a structured, commonly used and machine-readable format and to transmit such information to another controller but only if we are using your information based on your consent or to perform a contract with you.

• Right to withdraw consent – where we process your Personal Information based on your consent, you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal we may continue to use your Personal Information as permitted or required by law.

• Right to object - where we are processing your Personal Information based on a legitimate interest (or those of a third party) you may challenge this. However, we are entitled to continue processing your information based on our legitimate interests if we compelling legitimate interests which override yours or where this is relevant to legal claims.

If you would like to exercise any of these rights, please contact us using the information below. We may ask you to verify your identity before carrying out a request.

You are also free to lodge complaint with the supervisory authority or regulatory body, should you feel that we process your Personal Information in a way that is against applicable law.

Third party links

We are not responsible for linked sites. The Site may contain links to or from other websites, including. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the Personal Information we collect on our Site. We encourage you to read the privacy policies of other websites you link to from our Site or otherwise visit

Updating your information

We don’t want to send your perfume to the wrong home. You must keep your Personal Information current and updated. You may update your shipping information by logging into your account and making edits to the "Billing & Shipping" tab. Similarly, you may update your Personal Information, password and subscription status by logging into your account.

Storage of personal information

We may store Personal Information that we have collected (through the means described above) on our premises and in our information system at our facilities, in third party data centers, in the systems of third party service providers, and in cloud storage solutions. Scentbird is located in the United States.

Scentbird uses appropriate physical, organizational and technological measures to protect the Personal Information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. If we use third parties to host our products, we will use third parties who meet required privacy and security standards. However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and Scentbird will not be responsible for any breach of security unless this breach is due to its gross negligence. In transacting business with us through our Site, you assume the normal risks inherent in transacting business online.

Security

Scentbird uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of Personal Information.

Any transmissions you make over the internet are at your own risk. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Scentbird to intercept or access transmissions or private communications unlawfully. While we strive to protect Personal Information, neither Scentbird nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.

Scentbird contact information

If you have any questions, comments, or concerns about our privacy practices, or would like to exercise any of your rights related to your Personal Information, please contact us at support@scentbird.com or mail us at:

Scentbird, Inc.
401 Cottontail LN,
Somerset, NJ 08873
Attention: Data Privacy Officer

When contacting us, please include your name, address, email address, and your specific request. Please allow thirty (30) days for a response. Scentbird is only required to respond to one privacy request per customer each year, and is not required to respond to requests made by means other than through the above email and mail addresses.