OSEA® Malibu Messaging
Service Privacy Policy
Last Updated and Effective: 6/15/2024
This Messaging Service Privacy Policy explains how OSEA® International, LLC (hereinafter,
"OSEA® Malibu," “OSEA” "We," "Us," "Our") collects, uses, and discloses personal
information about you in relation to Our text message marketing program (the "Messaging
Service"). This Messaging Service Privacy Policy supplements Our Primary Privacy Policy. To
the extent that our collection, use and disclosure of personal information is addressed by a
separate privacy notice, please consult the terms of the section titled "Primary Privacy Policy"
below.
Changes to the Messaging Service Privacy Policy
We may revise this Messaging Service Privacy Policy from time to time in our sole discretion. If
there are any material changes to this Messaging Service Privacy Policy, we will notify you as
required by applicable law. You understand and agree that you will be deemed to have accepted
the updated Messaging Service Privacy Policy if you continue to use the Messaging Service after
the new Messaging Service Privacy Policy takes effect.
Notice at Collection: Personal Information We Collect
When you sign up for the Messaging Service, We collect the following personal information:
We may also collect personal information about you using cookies or similar technologies on Our website or other digital properties. Cookies are small text files placed on device browsers that store preferences and facilitate and enhance your experience. Cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).
If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, We will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your personal information if you contact Us with questions about the Messaging Service or for customer service.
- • Personal Identifiers: name, telephone number(s), and the contents of any communications you send or receive via the Messaging Service
- • Internet or other electronic network activity information: communications metadata (e.g., the time/date a message was sent or received) and your device type
We may also collect personal information about you using cookies or similar technologies on Our website or other digital properties. Cookies are small text files placed on device browsers that store preferences and facilitate and enhance your experience. Cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).
If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, We will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your personal information if you contact Us with questions about the Messaging Service or for customer service.
Notice at Collection: Use of Personal Information
We collect the categories of personal information identified for the following purposes:
| Categories of Personal Information | Purposes for Collection |
|---|---|
|
Personal Identifiers: name, telephone number(s), and the contents of any communications you send or receive via the Messaging Service Internet or other electronic network activity information: communications metadata (e.g., the time/date a message was sent or received) and your device type |
To deliver, analyze, maintain and support the Messaging Service; deliver text messages related to marketing, promotions, payment, customer support, delivery, checkout and other transactional-related messages and sale of our products and services; enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service; |
We may use your personal information to generate aggregated and/or de-identified information
that does not specifically identify you. Aggregated and/or de-identified information is not
personal information and may be shared with any third party, including advertisers, promotional
partners, and sponsors.
Notice at Collection: Disclosure of Personal Information
In connection with the Messaging Service, we disclose your personal information in the
following circumstances below, but may at times disclose your personal information in other
ways as contemplated by Our Primary Privacy Policy:
- • Third Parties that Help Provide the Messaging Service. We may disclose your personal information with third parties that help Us provide the Messaging Service (including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages).
- • Legal Requirements, Disclosures to Protect Us or Others. We may disclose any personal information We store associated with you in connection with the Messaging Service to third parties if We, in good faith, believe that such disclosure is required or appropriate to comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, Our, or others’ rights, property, or safety; enforce Our policies or contracts; collect amounts owed to Us; or assist with an investigation or prosecution of suspected or actual fraud or other illegal activities.
Accurate Information
When you complete forms online or otherwise provide Us personal information in connection
with the Messaging Service, you agree to provide accurate, complete, and true information. You
agree not to use a false or misleading name or a name that you are not authorized to use. If, in
Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Messaging Service for an ulterior purpose, We may refuse you access to
the Messaging Service and pursue any appropriate legal remedies.
Choices and Controls
Text messages may be sent via an automatic telephone dialing system. Consent to receive
automated marketing text messages is not a condition of any purchase. You can opt-out of
receiving further commercial text messages via the Messaging Service by responding to any of
Our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE,
or QUIT. For additional opt-out information, please review Our Terms of Service.
Personal Information of Minors
We do not knowingly collect, sell or share for purposes of behavioral advertising any personal
information from minors under the age of 18 in connection with the Messaging Service.
How We Keep Your Personal Information Secure
We implement and maintain reasonable security appropriate to the nature of the personal
information that We collect, use, retain, transfer or otherwise process. However, there is no
perfect security, and reasonable security is a process that involves risk management rather than
risk elimination. While We are committed to maintaining a reasonable information security
program, no such program can be perfect; in other words, all risk cannot reasonably be
eliminated. Data security incidents and breaches can occur due to factors that cannot reasonably
be prevented. Accordingly, it cannot be assumed that the occurrence of any given incident or
breach results from Our failure to implement and maintain reasonable security.
Customer Care
If you are experiencing any problems with the Messaging Service or would like to request a copy
of this Messaging Service Privacy Policy in another format, please visit https://oseamalibu.com
and submit the form with details about your problem or your request for support, or email
support@oseamalibu.com.
U.S. State Data Privacy Rights
Residents of certain U.S. states may have rights regarding their personal information under state
law, as set forth below. We describe below how to exercise your rights if you are a resident of
one of these states.
Verification of Requests
When you exercise rights other than opt-out rights, we will take steps to verify your identity. We will ask you for two pieces of personal information, depending on the nature of your request, and attempt to match those to information that we maintain or collect about you.
If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.
Non-Discrimination
If you exercise any of the rights explained in this Messaging Service Privacy Policy, we will continue to treat you fairly. If you exercise your rights under this Messaging Service Privacy Policy, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.
Verification of Requests
When you exercise rights other than opt-out rights, we will take steps to verify your identity. We will ask you for two pieces of personal information, depending on the nature of your request, and attempt to match those to information that we maintain or collect about you.
If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.
Non-Discrimination
If you exercise any of the rights explained in this Messaging Service Privacy Policy, we will continue to treat you fairly. If you exercise your rights under this Messaging Service Privacy Policy, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.
California Privacy Rights
If you are a California resident, the California Consumer Privacy Act (“CCPA”) and other laws
provide you with the following rights with respect to personal information we collect and
process:
Right to Know
You can ask us for the following information from us with respect to the personal information we have collected about you since January 1, 2022:
Right To Delete
You have the right to ask us to delete personal information we have collected from you. We will do so, subject to the exceptions under the law.
Right To Correct
You have the right to request that we correct personal information we hold that you believe is not accurate, taking into account the nature of personal information and purposes for processing such information.
Right to Opt Out of Sale or Sharing of Personal Information
In connection with the Messaging Service, and unless otherwise stated in Our Primary Privacy Policy, We do not sell personal information or share it for purposes of cross-context behavioral advertising or targeted advertising purposes.
Exercising Your Rights
To exercise your rights to know, delete or correct your personal information, or to ask a question, submit your request via email at support@oseamalibu.com or contact us at 1-888-282-4264 For such requests, we will first acknowledge receipt of your request within 10 business days of receipt of your request. We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.
Authorized Agents
You may designate an agent to submit requests on your behalf. The agent can be a natural person or a business entity.
If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process:
• Requests to Know, Delete or Correct Personal Information: If the agent submits a request, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf. We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request.
Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.
Right to Know
You can ask us for the following information from us with respect to the personal information we have collected about you since January 1, 2022:
- • Specific pieces of personal information we have collected about you;
- Categories of personal information we have collected about you;
- • Categories of sources from which such personal information was collected;
- • Categories of personal information that the business sold or disclosed for a business purpose about the consumer;
- • Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
- • The business or commercial purpose for collecting or selling your personal information.
Right To Delete
You have the right to ask us to delete personal information we have collected from you. We will do so, subject to the exceptions under the law.
Right To Correct
You have the right to request that we correct personal information we hold that you believe is not accurate, taking into account the nature of personal information and purposes for processing such information.
Right to Opt Out of Sale or Sharing of Personal Information
In connection with the Messaging Service, and unless otherwise stated in Our Primary Privacy Policy, We do not sell personal information or share it for purposes of cross-context behavioral advertising or targeted advertising purposes.
Exercising Your Rights
To exercise your rights to know, delete or correct your personal information, or to ask a question, submit your request via email at support@oseamalibu.com or contact us at 1-888-282-4264 For such requests, we will first acknowledge receipt of your request within 10 business days of receipt of your request. We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.
Authorized Agents
You may designate an agent to submit requests on your behalf. The agent can be a natural person or a business entity.
If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process:
• Requests to Know, Delete or Correct Personal Information: If the agent submits a request, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf. We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request.
Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.
Other State Privacy Rights
State privacy laws in Colorado and Virginia grant residents of each state the following rights
with respect to their personal information:
Right to Know: The right to confirm whether or not we are processing their personal information and to access such data.
Right to a Copy: The right to a portable copy of the personal information we have collected from them, subject to certain exceptions.
Right to Delete: The right to request deletion of their personal information that we have collected about them and to have such information deleted, subject to certain exceptions.
Right to Correct: The right to ask that we correct inaccuracies in their personal information, taking into account the nature of personal information and purposes of processing such information.
Exercising Your Rights
We will respond to requests from residents of states with respect to the rights that are provided under the requestor’s state law as of the effective date of that law.
To exercise rights to know, receive a copy, delete, or correct, please submit your request through email at support@oseamalibu.com or by contacting us telephonically at 1-888-282-4264.
To exercise your opt-out rights, you may submit your request through email to support@oseamalibu.com or by contacting us telephonically at 1-888-282-4264.
Right to Know: The right to confirm whether or not we are processing their personal information and to access such data.
Right to a Copy: The right to a portable copy of the personal information we have collected from them, subject to certain exceptions.
Right to Delete: The right to request deletion of their personal information that we have collected about them and to have such information deleted, subject to certain exceptions.
Right to Correct: The right to ask that we correct inaccuracies in their personal information, taking into account the nature of personal information and purposes of processing such information.
Exercising Your Rights
We will respond to requests from residents of states with respect to the rights that are provided under the requestor’s state law as of the effective date of that law.
To exercise rights to know, receive a copy, delete, or correct, please submit your request through email at support@oseamalibu.com or by contacting us telephonically at 1-888-282-4264.
To exercise your opt-out rights, you may submit your request through email to support@oseamalibu.com or by contacting us telephonically at 1-888-282-4264.
When We Do Not Act on a Request – Appeal Process
In some cases, we may not act on your requests (e.g., if we cannot do so under other laws that
apply). When this is the case, we will explain our reasons for not providing you with the
information or taking the action (e.g., correcting data) you requested.
Additionally, you have the right to appeal our decision by contacting us at support@oseamalibu.com or telephonically at 1-888-282-4264 within 30 days after your receipt of our decision.
Additionally, you have the right to appeal our decision by contacting us at support@oseamalibu.com or telephonically at 1-888-282-4264 within 30 days after your receipt of our decision.
Authorized Agents
You may designate an agent to submit an opt-out request on your behalf. If you would like to
designate an agent to act on your behalf, we will use reasonable methods to validate their
authority to submit a request on your behalf.
Authorized agents can submit a request to opt out of targeted advertising by contacting us at support@oseamalibu.com or telephonically at 1-888-282-4264.
Authorized agents can submit a request to opt out of targeted advertising by contacting us at support@oseamalibu.com or telephonically at 1-888-282-4264.
