Introduction

Welcome to 3eyehigh.com and related sub-domains (together, the “Site” or “Website”), mobile and/or software applications, provided by Third Eye High, LLC, and its affiliates, subsidiaries, parent company, and other related companies, (“Us”, “We”, or “3EH”). This 3EH Privacy Notice (“Notice”) describes the information we collect, use, and disclose about you (“User”) when you use the Site, mobile applications, and related services (together, the “Services”) and how we use, process, and disclose that information. We may supplement this Notice with other notices. This Notice applies to Services that display or reference this Notice, but it does not apply to any services that display or reference a different privacy statement. Contacting Us

To contact Us for any questions pertaining to any and all terms of use of this Site, 3EH policies, product related matters, or any other questions or needs not answered by our FAQ page or terms and conditions published on this Site, please send us a message directly through the Contact Us page of this Site.

Privacy Policy

Personal Identification Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to our subscription service, subscribe to a newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for certain personal data or contact information, as appropriate, such as name, email address, mailing address, phone number, credit card information, and social media account information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities and/or purchase transactions.

Some of the types of information we gather and means of gathering the information are as follows:

Information provided by your directly – you may provide us with additional information by filling in forms on the Services or by corresponding with us by phone, text, email, live chat, or otherwise.

Information we collect when/if you create an account – if you create an account, we may collect the following types of information from you:

  1. Contact information – we collect contact information such as your name, username, email address, and phone number;
  2. Demographics data – when you register or at other times, we request that you provide demographics information such as your gender and location;
  3. Content and files – we collect photos, documents, files, and any other information that you provide us, such as reviews, content, and bio information. If you send us email messages or other communications, we will collect and retain those communications; and
  4. Payment information – if you make a purchase or other financial transaction, we collect credit card numbers, financial account information, shipping address, billing address, and other payment details. Non-Personal Identification Information & Web Browser Cookies

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, internet provider data, the type of computer and technical information about Users means of connection to our Site, such as User’s operating system, and other related information.

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert User when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

Information Collected Automatically
As a User of our Site, we automatically collect information about you, for example:

Usage data – we automatically log your activity on our Site, including pages you have viewed and actions you take on the Site and the URL of the website from which you came to our sites.

Identifiers and device information – when you visit our Site, our servers may automatically collect certain technical information about your device including your Internet protocol address and information about your device, including device identifiers (such as MAC address), your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, and your device operating system type and version. As further described in the Cookies and Similar Technologies section below, our Site will store and retrieve cookie identifiers, mobile IDs, and other data.

Geolocation data – depending on your device and app settings, we collect geolocation data when you use our apps or online services.

Cookies and Similar Technologies – we also use cookies, Web beacons, mobile analytics and advertising IDs, URL information, and other similar technologies to operate our Site and to gather data, including other identifiers, device information, and usage data. Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which usually stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. The text in a cookie often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. We use cookies on our websites to store your preferences and settings, enable you to sign-in, provide interest-based advertising, combat fraud, analyze how our Site performs, and fulfill other legitimate purposes.

Our web pages may also contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on our websites, count users who have visited those websites, and gather usage and performance data. We also include web beacons in our promotional email messages or newsletters to determine whether you open and act on them.

Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.

We, together with our third-party analytics service providers and advertising partners, use the technologies described herein to collect personal information (such as the cookies stored on your browser, the advertising identifier on your mobile device, or the IP address of your device) when you visit our Site. We and our partners may also use these technologies to collect personal information about your online activities over time and across different Web sites. This information is used to store your preferences and settings, enable you to sign-in, analyze how our Services perform, track your interaction with the Services, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes.

Mobile advertising ID controls – iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.

Email web beacons – most email clients have settings which allow you prevent the automatic downloading of images, which will disable web beacons in the email messages you read.

Do Not Track – some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.

The third-party analytics and advertising providers we use, purpose of use, and links to third-party websites include:

  1. DoubleClick (Google)
    Advertising/Analytics
    https://policies.google.com/privacy
  2. Google Analytics
    Analytics
    www.google.com/policies/privacy/partners
    https://tools.google.com/dlpage/gaoptout
  3. Google Tag Manager
    Analytics
    www.google.com/policies/privacy/partners
    https://policies.google.com/technologies/partner-sites
  4. Facebook Audiences
    Advertising
    https://www.facebook.com/privacy/explanation
    https://www.facebook.com/settings?tab=ads
  5. Facebook Connect
    Adversiting
    https://www.facebook.com/privacy/explanation

On our site, we may permit advertisements to be delivered to you by third-party Internet advertising companies (also called ad networks or network advertisers). These companies may use cookies, Web beacons, platform device identifiers, software agents, and other technologies to collect non-personally identifiable information about your visits over time on our Site and across other websites to deliver advertisements to you targeted to your interests, measure their effectiveness and personalize advertising content, and to understand the usage and visitation of the Site and the other applications and websites tracked by these advertising companies. We do not have access to or control over cookies, Web beacons, platform device identifiers, software agents, or other technologies that they may use. We are not responsible for the privacy practices of third-party advertisers. You should check the privacy policy of the third-party advertiser to determine how it handles information it separately collects from you. In addition, the Network Advertising Initiative offers information about some of the Internet advertising companies we may use.

Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.

To learn about the privacy practices of these third parties and how to opt-out from their use of cookie data for targeted advertising purposes, click on the links above.

Many of these companies are also members of associations, which provide a simple way to opt out of analytics and ad targeting. Some of these associations can be accessed as follows:

United States: NAI (http://www.networkadvertising.org/managing/opt_out.aspx) and DAA (http://www.aboutads.info/choices/)

Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)

Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)

California “Do Not Sell My Info”
The California Consumer Protection Act (“CCPA”) requires us to disclose categories of personal data sold to third parties and how to opt-out of future sales. The CCPA defines personal information to include online identifiers, including IP address, cookies IDs, and mobile IDs. The law also defines a “sale” to include simply making data available to third parties in some cases. We let advertising and analytics providers collect IP addresses, cookie IDs, mobile IDs through our sites and apps when you use our online services, but do not “sell” any other types of personal information.

If you do not wish for us or our partners to “sell” your personal data to third parties for advertising purposes, you can make your Do Not Sell Request by sending us a message through the Contact Us page of this Site.

Note that although we will not “sell” your personal data after we receive your email, we will continue to share some personal information with our partners (acting as our service providers) to help us perform advertising-related functions such as, but not limited to, measuring the effectiveness of our ads, managing how many times you may see an ad, reporting on the performance of our ads, ensuring services are working correctly and securely, providing aggregate statistics and analytics, improving when and where you may see ads, and/or reducing ad fraud. Further, emailing us will not necessarily opt you out of the use of previously sold personal information or stop all interest-based advertising. If you access this site (or app) from other devices or browsers, visit the link below from those devices or browsers to ensure your choice applies to the data collected when you use those devices or browsers.

Other information related to your right to opt-out from sales of personal data is contained in the California Privacy Rights section of this Notice.

California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.

Right to Know – you have a right to request that companies provide you with the following information:

The categories and specific pieces of personal information we have collected about you.
The categories of sources from which we collect personal information.
The purposes for collecting, using, or selling personal information.
The categories of third parties with which we share personal information.
The categories of personal information we have disclosed about you for a business purpose. Note that the CCPA defines “business purpose” broadly; and because we use service providers for a number of business purposes that require access to our systems that hold personal information (such as supplying cloud data storage, maintaining the security of our systems, and providing customer support), in the past 12 months we have disclosed for a business purpose data from each of the categories of personal information we maintain.
The categories of personal information we have sold about you (if any), for each category of third parties to which the personal information was sold. Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Notice may be considered a “sale” under that definition. In particular, we let advertising and analytics providers collect IP addresses, cookie IDs, and mobile IDs through our sites and apps when you use our online services, but do not “sell” any other types of personal information. We provide our “Do Not Sell My Info” disclosures in the Cookies and Similar Technologies section of this Notice.
You may make such a “request to know” by messaging us directly through the Contact Us page of this Site. Note that we have provided much of this information in this Notice.

Right to Request Deletion – you also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, please message us through the Contact Us page of this Site.

Right to Opt-Out – you have a right to opt-out from future “sales” of personal information. To do so, please visit our “Do Not Sell My Info” page in the Cookies and Similar Technologies section of this Notice.

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us. Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. Finally, you have a right to not be discriminated against for exercising rights set out in the CCPA.

Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law. California Customers may request further information about our compliance with this law by contacting us directly through the Contact Us page of this Site. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated e-mail address.

How We Use Collected Information
3EH may collect and use Users’ personal information for the non-exhaustive, representative list of purposes below. Users’ personal information includes but is not limited to Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences.

To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. We may also use your information to verify your geographic location. We may use your geographic location data to personalize our Service, to recommend content, determine whether the information you have requested is available in your location, or to determine whether Service offerings are available in your location. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, 3EH may use it for any business purpose.

To improve our Site: We may use feedback you provide to improve our products, services, and overall User experience.

To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently. We may use the email address provided by User to send User information and updates pertaining to User’s account or order and to respond to User inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. In the event User unsubscribes, User will still receive emails pertaining to User’s necessary account information or order’s placed by User.

To process payments: We limit our use of the personal information Users provide about themselves when placing an order only to process and provide related services pertaining to User’s order. We do not share this information with outside parties without User consent, except to the extent necessary to process User payments and orders.

For Marketing/Promotional Purposes: We may use User’s information to run a promotion, contest, survey, or other Site feature or to send Users information they agreed to receive about products, topics, promotions and information that we believe will be of interest to User.

Product and Service Delivery: To provide and deliver our Services, including creating accounts on, securing, troubleshooting, improving, and personalizing those Services.

Business Operations: To operate our business, such as billing, accounting, improving our internal operations, securing our systems, and detecting and protecting against fraudulent or illegal activity.

Product and Service Improvement, Development, and Research: To improve our Services, develop new products or features, and conduct research.

How We Protect Your Information
We adopt appropriate data collection, storage, and processing practices and security measures to protect against piracy, unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Site.

Sensitive and private data exchanged between the Site and its Users occurs over a SSL secured communication channel and private data is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

Sharing Your Personal Information
We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information that is not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes, provided that you have given us your permission to do so.

We may share your personal information with your consent or at your direction or as otherwise as necessary to complete your transactions or provide the services and/or products that you have requested or authorized.

We may also share your personal information with others who perform services on our behalf (for example, with Twilio if you make a call or receive/respond to a text using the Service).

We may share your information with third-party service providers to fulfill your requests and to perform functions on our behalf. Examples include product reservation requests, fulfilling orders, processing credit card payments, and delivering orders. We only share information necessary for these third-party service providers to perform their functions, and any information shared may not be used for any other purpose.

We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.

We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect 3EH and our Site; or any rights, property, or personal safety of 3EH or others, including as we believe is necessary to enforce our agreements, terms, and policies.

In the event that 3EH is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal), including a financing, transfer, or divestiture, involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction. Finally, in the event of insolvency, dissolution, bankruptcy, or receivership, information may be transferred as a business asset.

Third party analytics and advertising companies also collect personal information through our Services including, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs, and IP address) as described in the Cookies and Similar Technologies section of this Notice.

We may also share aggregated and anonymized data with our partners, advertisers, and other third parties as authorized by law.

Your Sharing of Your Information
Our Site may allow you to connect and share your actions, comments, content, profile, and information publicly or with other people. Depending on what domain your account is on and what type of account you have created, you may be able to control some of the categories of personal information shared via your profile from the account settings menu on the Site. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others.

Our Site may also provide you with the option to share certain information from your 3EH account with social networking services like Facebook, Google, or Twitter. We are not responsible for the use or re-sharing by others of any of your information once it is made public. If you do not want your information to be made public, you should not use the Site in this manner and/or you should adjust your privacy settings on the applicable social networking service accordingly. We are not responsible for and we do not control these social networking services privacy practices. Please review the applicable privacy policy for information about how they use your information.

You may decline to share certain data with 3EH, in which case we may not be able to provide you with some of the features and functionality of the Site or Service. You may have the right to know what personal information 3EH has about you and to correct any inaccuracies. Please direct any such requests by messaging us directly through the Contact Us page of this Site.

Third Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers and other third parties.

Google Adsense
Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at: http://www.google.com/privacy_ads.html Compliance With Children’s Online

Privacy Protection Act
We at 3EH do everything in our power to protect the privacy of children. We never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. Our Site is specifically designed to provide information and to offer products to individuals over the age of 18 and, in the case of some products and jurisdictions, over the age of 21.

Changes to This Privacy Policy
3EH has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your Acceptance of These Terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. If you have any questions pertaining to the terms posted herein or any of our specific policies, please contact us directly. Data

Security
3EH uses various safeguards designed to protect personal information submitted to us, including, where appropriate, encryption of data stored and encrypting information in transit. Where 3EH uses third party providers to store and transmit personal information, 3EH utilizes the security tools offered by these providers that are designed to protect personal information. In addition to use of certain security tools made available by third party providers, 3EH takes reasonable and appropriate steps to help protect your Information against loss, misuse, and unauthorized access, or disclosure. No company can fully prevent security risks, however. While we strive to protect your personal information, we cannot guarantee its absolute security. To help protect yourself and your information, choose a unique password for our Services and do not use a password on our Services that you would use on any other website or online service.

Location of Personal Data
The information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers maintain facilities. Currently, we primarily use data centers in the United States where our servers are located. We have chosen this location to operate efficiently and improve performance. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have the data protection laws as comprehensive or protective as those in your country of residence; however we take steps designed to ensure that the information we collect under this Notice is processed according to the provisions of this Notice and applicable law wherever the information is located.

Retention of Information
We retain information for as long as necessary to provide our products and services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different products, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.

Information Choices
If you wish to request access to, or correction or deletion of, information about you that we hold, you may communicate your request through the Contact Us page of this Site.

To the extent permitted by applicable law, we reserve the right to charge a fee or decline requests that are unreasonable or excessive, where providing the information would be prohibited by law or could adversely affect the privacy or other rights of another person, or where we are unable to authenticate you as the person to whom the information relates.

Communication Preferences
You may opt out of receiving marketing/promotional emails from 3EH by following the instructions in those emails or by reviewing the settings in your account, depending on what type of account you have. You may opt out of receiving marketing/promotional text messages from 3EH at any time by replying STOP to a marketing/promotional text message. If you opt out of receiving marketing/promotional emails and/or text messages, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

Choices for Cookies and Similar Technologies – see the Cookies and Similar Technologies section for choices about cookies and other analytics and advertising controls.

Many third-party tracking companies are also members of associations, which provide a simple way to opt out of analytics and ad targeting. Below are some examples of said associations:

United States: NAI (http://www.networkadvertising.org/managing/opt_out.aspx) and DAA
(http://www.abouads.info/choices/)

Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)

Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)

Mobile Advertising ID Controls
Apple and Android mobile devices each generate an advertising identifier that can be accessed by apps and used by advertisers in much the same way that cookies are used on websites. Each operating system provides options to limit tracking and/or reset the advertising ID. Your EU Privacy Rights
If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:

You can request access to, and rectification or erasure of, personal data;

If any automated processing of personal data is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal data in a usable and portable format;

If the processing of personal data is based on your consent, you can withdraw consent at any time for future processing;

You can to object to, or obtain a restriction of, the processing of personal data under certain circumstances; and

For residents of France, you can send us specific instructions regarding the use of your data after your death.

To make such request, contact us at the contact information set forth below. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

We rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the Services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.

Changes and Updates to this Privacy Notice
From time to time, we may revise this Notice to reflect changes in our Services, how we use information, or applicable law. To help you stay current of any changes, we note the date the Privacy Notice was last updated above. If we make material changes to the Notice, we will provide notice or obtain consent regarding such changes as may be required by law.