THE INFORMATION WE COLLECT
When you interact with the Bubble Collection and its website and social media sites (the “Sites”), we may collect Your Information. This may occur, for example, when you purchase our products, view or comment on our Instagram posts, listen to our podcasts, or watch one of our videos.
Typically, we only collect Your Information through your activities on our website -- we do not typically obtain Your Information from public databases or other third parties. And, we use Your Information for to further a legitimate interest of Heretic, such as to improve our Sites, to enhance your experience on our Sites, to better curate or develop our product line, and to respond to your requests and questions.
Your Information includes contact details, like your name, address and phone number. Your Information also includes electronic identifiers captured through computer use (like through cookies or web beacons) (“Electronic Information”). Electronic Information may take the form of IP addresses, geographic locations, your browser type and your operating system. You can disable some of this Electronic Information by modifying the settings in your browser.
Electronic Information is anonymous, and will remain that way unless you provide additional information to us in conjunction with the Electronic Information that connects the Electronic Information to you. We do not, as a general rule, seek to match Electronic Information with identifying information unless you supplied it. For example, when you fill out a form on our website and leave us your name and contact information or purchase products, your Electronic Information will be connected to you, and may no longer be anonymous
MORE ON COOKIES, WEB BEACONS, AND ELECTRONIC INFORMATION
Strictly necessary cookies are required for the operation of our Sites. They include, for example, cookies that enable you to log into secure areas of our Sites, use a shopping cart or fill in a form.
Analytical/performance cookies are used to provide us with statistical information about our Sites which we use to measure performance, improve our Sites, and better serve our customers. For example, these cookies allow us to recognize and count the number of visitors to a particular page of our Site.
Functionality cookies are used to recognize you when you return to a Site. This enables us to personalize our content for you, tailor our interactions with you and remember your preferences.
By using our sites you agree that we can place these different types of cookies on your device. You may block most cookies by activating the settings on your browser that allow you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access or use all or parts of our Sites. To opt out of being tracked by Google Analytics across all websites visit this site.
Web beacons are clear electronic images that can recognize your device, and then tie the device to certain heretic Sites. For example, Bubble Collection may place web beacons in marketing emails or other electronic messages that notify us when you click on a link in the email that directs you to one of our Sites. Web beacons alone are also used by us to improve our Sites, improve your experience with our Sites, to gather information about use of our Sites, and other similar purposes.
DO NOT TRACK "DNT"
Because there is not yet a common industry standard or how to interpret browsers’ DNT signals, The Bubble Collection does not currently respond to browser DNT signals when interacting with our websites.
SHARING YOUR INFORMATION
We may use third-party services, such as Google Analytics, that collects, monitors and analyzes Your Information and Electronic Information.
In addition, we share anonymous, non-personal statistics or demographic information in an aggregated form (“Aggregate Data”) with third parties for research or similar purposes. Aggregate Data does not identify individuals. An example of Aggregate Data might be how many people purchased a particular type of perfume, or how many people visited a page of our Site. The third-parties to whom we give Aggregate Data may be, for example, marketing partners or consultants, who may use the Aggregate Data to help us be a more successful business.
STORING YOUR INFORMATION
We are based in the United States, and we store digital information in the United States. If you reside outside of the United States and supply us with Your Information, please know that Your Information will be held in the United States. We retain Your Information for as long as is reasonably necessary given the purpose for which it was collected, and only to further our legitimate interests in such information.
Heretic is committed to protecting Your Information. To that end, we implement commercially reasonable physical, administrative and technical safeguards to help protect Your Information that is under our direct control from unauthorized access, use and disclosure. However, no system of electronic data collection, storage and retrieval can be made entirely safe and by continuing to use our Sites you acknowledge and accept that we do not guarantee that our Sites and practices are invulnerable to security breaches or immune from viruses, security threats or other risks.
SHARING DATA THROUGH SOCIAL MEDIA
We post on Heretic’s social media accounts (like on Instagram) so you can connect with us, enjoy our beautiful imagery, express your opinions about Heretic, and share information about us with others. If you use Bubble Collection social media sites, we may collect Your Information through those Sites, and other third-parties (such as the Sites themselves) may also collect Your Information. We consider any information you share through social media as public information. If you do not want us (or others) to access information through social media, you must limit data collection and disclosure in the privacy settings of those Sites.
THIRD PARTY SITES
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Bubble Collection principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
EUROPEAN DATA SUBJECT REQUESTS
You have the right to contact us to review, correct or ask us to delete Your Information. To make this request, please email us at email@example.com. We will respond to your request as soon as reasonably possible. If you would rather contact us through regular mail, please do so at: 375 Greenwich Street, New York, NY. 10013
You also have the right to lodge a complaint with the appropriate data protection authority.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of Your Information with third parties for their direct marketing purposes. Under California law, you have the right to request the following information, which you may do by emailing us at firstname.lastname@example.org:
• the business purpose for collecting or selling Your Information;
• the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
• the names and addresses of the third parties that received the information;
• and,if the nature of the third party's business cannot be determined from their name, examples of the products or services they marketed.
We may provide this information in a standardized format that is not specific to you.
LEGALLY COMPELLED DISCLOSURE OF YOUR INFORMATION
We may disclose Your Information if required to do so by law or in our good faith belief that such action is necessary to:
• comply with a legal obligation;
• protect or defend our rights, interests, or property, or that of third parties;
• prevent or investigate possible wrongdoing in connection with the Heretic website or social media sites;
• act in urgent circumstances to protect the personal safety of others; or
• protect against legal liability.
Our Sites and products are not designed or intended for minors and we do not knowingly attempt to solicit or receive any information from children. If a child under 18 has provided us with their information, the parent or guardian should contact The Bubble Collection immediately at email@example.com so we can delete such information from our files.