Privacy Policy

Verve Labs, Inc. d/b/a Otherland Privacy Policy

This Privacy Policy describes how Verve Labs, Inc. and our subsidiaries and affiliates (collectively, “Verve Labs,” “we,” “us,” and/or “our”) collect, use, disclose, and otherwise process information about you. This Privacy Policy applies when you access or use our websites, shop in our stores or pop-ups, communicate with us through our customer support channels or via social media, or otherwise interact with us. We may provide different or additional notices of our privacy practices for certain products, services, or activities, in which case those notices will supplement or replace the disclosures in this Privacy Policy.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to our websites or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

Information We Collect

The information we collect about you depends on how you interact with us. In this section, we describe the categories of information we collect and the sources of this information. 

Information We Collect Directly from You

We collect information you provide directly to us, such as when you open an account, place an order, ask to receive emails or text messages, contact customer service, submit comments or reviews, respond to surveys or quizzes, enter into sweepstakes or other programs, or interact with us on social media. The types of personal data we may collect directly from you include:

  • - Contact information, such as your name, email address, mailing address, and phone number;
  • - Account information, such as your username and password; and
  • - Optional information you may choose to provide, such as your social media handles, scent preferences, age range, gender, product reviews, comments to articles, responses to surveys or quizzes, and the content of communications with our customer support team.

If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.


Information We Collect from Other Sources

We may collect information about you from other sources, including from:

  • - Other customers who provide information about you, such as to send you a gift or when they sign up for a refer-a-friend program. 
  • - Order processing partners, such as fraud prevention and fulfillment partners. 
  • - Unaffiliated third parties, such as marketing and advertising companies, data co-ops, market research companies, and sample distributors. 

The types of personal data we collect from other sources include your name, email address, websites you visited, product preferences, and product purchases.

 

Information We Collect Automatically

We automatically collect certain information about your interactions with us when you purchase our products, access or use our websites, interact with our communications, or visit our stores, including: 

  • - Transaction information, such as product details, purchase price, and the date and location of the transaction.
  • - Device and usage information, such as your IP address, browser type, device information, operating system, access times and length of stay, items you place in a cart, the websites you visited before navigating to our websites, specific pages accessed, search terms you used to reach our websites, and links clicked.
  • - Information about your activity in our stores, such as through closed circuit TVs for security monitoring or geofencing to identify traffic in our stores.
  • - Information collected by cookies, pixels, and similar tracking technologies to understand your interactions with our websites, including your browsing behavior, purchase behavior, and other engagement with our websites. Cookies are small data files stored on your hard drive or in device memory that help us improve our websites and your experience, see which areas and features of our websites are popular, and count website visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our websites and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and other tracking technologies we use and how to disable them, see the Cookies and Similar Tracking Technologies section below.

 

Information We Derive or Infer

We may derive information or draw inferences about you based on the information we collect. For example, we may draw inferences about your approximate location based on your IP address or infer that you are interested in certain products based on your browsing behavior and past purchases.

 

How We Use Your Information

We use the information we collect to provide the products and services you request. We also use the information we collect to:

  • - Create and manage your online accounts and profiles;
  • - Communicate with you, including to tell you about products and services that may be of interest to you;
  • - Complete the transactions you request, perform our contractual obligations, send cart reminders, and use as otherwise anticipated within the context of our ongoing business relationship;
  • - Respond to your requests, inquiries, comments, and suggestions;
  • - Facilitate your engagement with us, including to enable you to post comments and reviews on our websites, to engage with other customers, and to post on social media;
  • - Offer contests, sweepstakes, loyalty or membership programs, or other promotions;
  • - Tailor the content and information that we send or display to you, offer location customization and personalized recommendations, help, and instructions, and otherwise personalize your experience while using our products and services;
  • - Target ads to you on third-party platforms and websites (for more information and to opt out, please see the Opting Out of Targeted Advertising, Sharing, and Sales section below);
  • - Monitor, audit, and analyze trends, usage, and activities in connection with our websites;
  • - Carry out short-term activities and other internal uses related to the products or services you purchase from us or your ongoing relationship with us;
  • - Conduct internal research and development;
  • - Detect, investigate, and respond to security incidents and protect against illegal or objectionable activities, including the unauthorized use of our websites, and protect the rights and property of Verve Labs, Inc and others;
  • - Debug, identify, and repair errors that impair existing intended functionality of our websites;
  • - Comply with our legal obligations, including those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions; and
  • - Conduct or administer surveys and other market research.

Targeted Advertising and Analytics

We engage others to provide analytics services, serve advertisements, and perform related services across the web. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our websites and other websites and applications, including your IP address, device ID, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, search queries, conversion information, and order history. This information is used to analyze and track data, determine the popularity of content, deliver advertising targeted to your interests on our websites and other websites, and better understand your activity. In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that can’t be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain laws. To learn more about the choices available to you with respect to these practices, see the Opting Out of Targeted Advertising, Sharing, and Sales section below.
You can also learn more about interest-based ads, or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices, or, if you reside in Europe, by visiting www.youronlinechoices.eu.

Disclosure of Information

In certain circumstances, we disclose personal data we collect about you. We disclose the categories of personal data described in the Information We Collect section above in the following ways:

  • - We make personal data available to our service providers, contractors, and consultants who perform services on our behalf, such as companies that assist us with web hosting, payment processing, shipping and delivery, research and analytics, marketing, advertising, fraud prevention, and customer service. 
  • - We disclose personal data to advertising partners who help us send marketing communications. This information does not identify you personally, but may be used by those marketing partners and other third parties to enable them to recognize you on other sites and services you visit even if you don’t login. Depending on where you reside, this disclosure may be considered a “sale” and you may have the right to opt out (see the Opting Out of Targeted Advertising, Sharing, and Sales section below for details).
  • - We disclose information about you with our professional advisors, including accountants, auditors, lawyers, insurers, and bankers, where necessary to obtain advice or otherwise protect and manage our operations and business interests.
  • - We disclose personal data if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
  • - We disclose personal data if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Verve Labs, Inc., our customers, the public, or others.
  • - We disclose personal data in connection with, or during negotiations of, certain corporate transactions, including the merger, sale of company assets, financing, bankruptcy, or acquisition of all or a portion of our business by another company.
  • - We disclose personal data to our subsidiaries and corporate affiliates for the purposes described in the Use of Information section above.
  • - We disclose personal data to third parties when we have your consent or you intentionally direct us to do so. For example, if you decide to submit a product review or you direct us to post the personal data you provide along with your review publicly on our websites.

We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Verve Labs, Inc. processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law. 

Transfers of Information to the United States and Other Countries

Verve Labs, Inc. is headquartered in the United States. As such, we and those that perform work for us may transfer your personal data to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting us at hello@otherland.com. 

Data Retention

Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. When we no longer need to use your personal data, it is removed from our systems and records or anonymize it so that you can no longer be identified from it.

Children

Our websites are not designed for children under the age of 18. If you are a parent or legal guardian and you believe that a child has provided personal data to us without your consent, please contact us at hello@otherland.com.

Your Privacy Rights and Choices

Access, Correction, and Deletion

Depending on where you reside, you may have the right to (1) request to know more about and access your personal data, including in a portable format, (2) request deletion of your personal data, and (3) request correction of inaccurate personal data. To request access, correction, or deletion of your personal data, please email us at hello@otherland.com. You can also access, correct, or delete certain information stored within your online account, including your profile, contact, payment, and shipping information, at any time by logging into your Otherland account. You can also deactivate your Otherland account by emailing hello@otherland.com.We may verify your request by asking you to provide information related to your recent interactions with us, such as your email address, shipping address, or order number. If we deny your request, you may appeal our decision by contacting us at hello@otherland.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

Opting Out of Targeted Advertising, Sharing, and Sales

As described in the Targeted Advertising and Analytics section above, we process personal data to understand and improve your experience with our websites and to serve you ads on non-Otherland properties. Some of these activities may be considered “sales” or “sharing” of your personal data or “targeted advertising” under the law that applies to you. In addition, we disclose your information to other entities for advertising and marketing purposes as described in the Disclosure of Information section above, which may also constitute “sales” of your personal data under certain laws. 

Nondiscrimination

We will not discriminate against you for exercising your privacy rights. 

Communication Preferences

You may unsubscribe from our promotional emails or text messages at any time by following the instructions included in those communications. If you opt out of receiving such communications, note that we may continue to send you non-promotional messages (such as order confirmation emails or emails about changes to our legal terms). 

Cookies and Similar Tracking Technologies

Verve Labs, Inc. uses cookies and similar tracking technologies to analyze visits to our websites and interactions with our communications to help us improve our website, services, and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. You can also adjust certain cookie settings by clicking here. Please note that removing or rejecting cookies could affect the availability and functionality of our websites.

Additional Disclosures for Individuals in California

The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) affords consumers residing in California certain rights with respect to their personal data. If you reside in California, this section applies to you and describes our data practices today and in the preceding 12 months.

Categories of Personal Data

We collect the following categories of personal data: identifiers (such as your name, email, or IP address); commercial information (such as records of products you purchased); characteristics of protected classifications under California or U.S. federal law (such as your age or gender); internet or electronic network activity (such as information about your activity on our website); geolocation data (such as your city of residence); and inferences drawn from your personal data to create a profile (such as your shopping preferences). For examples of the precise data points we collect and the sources of such collection, please see the Information We Collect section above. We use personal data for the business or commercial purposes described in the Use of Information section above. We disclose personal data for the business purposes described in the Disclosure of Information section above. Additionally, in the preceding 12 months, we have disclosed the following categories of personal data for business purposes to the following categories of recipients:

Category of Personal Data

Categories of Recipients

Identifiers

Partners that provide advertising and marketing services, data analytics providers, payment processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, other users, fraud prevention partners, cloud service providers, technical maintenance and system security providers

Commercial Information

Data analytics providers, partners that provide advertising and marketing services, payment processors, fulfillment partners, customer support partners, fraud prevention partners, and cloud service providers

Characteristics of Protected Classifications under California or U.S. federal law

Partners that provide advertising and marketing services, other users, and customer feedback platforms

Internet or other electronic network activity information

Partners that provide advertising and marketing services, data analytics providers, Internet service providers, operating systems and platforms, cloud service providers, fraud prevention partners, and technical maintenance and system security providers  

Geolocation data

Partners that provide advertising and marketing services, data analytics providers, Internet service providers, and operating systems and platforms

Audio, electronic, visual, or similar information

Customer support partners, market research platform partners, and facility security partners

Inferences

Partners that provide advertising and marketing services, data analytics providers, customer support partners, cloud service providers, and fraud prevention partners


 

Selling and Sharing Personal Data

While we do not sell or share your personal data with third parties in exchange for money, some of our advertising and analytics activities may constitute “sharing” or “selling” under California law. In order to advertise our products to you and better understand, improve, and personalize our interactions with you, we have shared and sold the following categories of personal data to the following categories of third parties:

Category of Personal Data

Category of Third Parties

Identifiers

Marketing and advertising partners

Commercial Information

Marketing and advertising partners

Internet or other electronic

network activity

Marketing and advertising partners

We do not use or disclose sensitive personal data for the purpose of inferring characteristics about you. We also do not knowingly sell personal data about consumers under the age of 16. 

 

 

Your Privacy Rights

You have the right to opt out of sharing, sales, and targeted advertising at any time by emailing hello@otherland.com. You can also opt out of certain sharing, sales, and targeted advertising by visiting our websites with a legally-recognized opt-out preference signal enabled (such as the Global Privacy Control). Please note that, depending on which legally-recognized opt-out preference signal you use and whether you are logged into your account with us, our processing of the signal may be limited to the specific browser or device that you are using. You may need to renew your opt-out choice if you use a different browser or device to access our websites. Please see the Your Privacy Rights and Choices section above for more information about the privacy rights you have as a California resident, how to exercise your rights, and how we will verify your requests. 

If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. Please do not provide any sensitive personal data in connection with this request, such as a driver's license or other government-issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm you have permission to submit this request. If you are an authorized agent seeking to make a request, please email us at hello@otherland.com.

Notice of Financial Incentives

We offer various financial incentives. For example, we may provide discounts or other benefits to customers who sign up to receive our marketing emails. When you participate in a financial incentive, we collect personal data from you, such as identifiers like your name and email address. You can opt in to a financial incentive by following the sign-up instructions, and you have the ability to opt out of the program by contacting us at hello@otherland.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal data is reasonably related to the value of the offer or discount presented to you. 

Additional Disclosures for Individuals in Europe

If you reside in the European Economic Area, United Kingdom, or Switzerland (“European Resident”), you have certain rights and protections under the law regarding the processing of your personal data.

Legal Basis for Processing

If you are a European Resident, we process your personal data when:

  • - We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Verve Labs products you have ordered).
  • - We have a legitimate interest in processing your personal data. For example, we may process your personal data for performance marketing activities, to conduct data analytics and to provide, secure, and improve our products and services.
  • - We need to do so to comply with a legal obligation to which we are subject.
  • - We have your consent to do so, which you may withdraw at any time.

Data Subject Requests

If you are a European Resident, please see the Your Privacy Rights and Choices section above for more information about your privacy rights and how to exercise them. In addition, you may have the right to object to certain processing or request we restrict certain processing. To exercise any of these rights, please contact us at hello@otherland.com.

Questions or Complaints

If you are a European Resident and have a concern about how we process personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you live. Contact details of your relevant local Data Protection Authority may be found using the links below:

For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en 

For individuals in the UK: https://ico.org.uk/global/contact-us/ 

For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

Contacting Otherland

If you have questions or concerns regarding this Privacy Policy, please contact us using the information provided below. 

Customers in the United States:

Verve Labs Inc.
454 West Broadway
New York, NY 10012
hello@otherland.com