Effective as of July 15, 2020.
I: Categories of Information Collected
Some of the information we collect is “Personal Information,” which generally means information that identifies you as an individual, and other information we associate with it. This may include a name, mailing address, e-mail address, credit/debit card information (and related payment information) and/or telephone number.
We collect several categories of information, from the different sources:
A: Information You Provide: We receive information you provide to us when you:
- create an account with us (including a shopping account online, an account to review products, or event registration account or any other type of account);
- make a purchase;
- apply for employment opportunities;
- contact us via any customer service method;
- submit user-generated content (via our Sites, Internet Marketing Channels or otherwise);
- participate in customer research, surveys, sweepstakes or promotions;
- subscribe for email, text, or other messages;
- download or use our Sites;
- file a claim or participate in investigations regarding claims or losses; or
- otherwise communicate information to us or Members
B: Information We Receive From Third Parties. We also receive information from our vendors and suppliers (collectively “Members”) about you. This information can include customer service interactions, payment information, shipping information, and information shared in MAKRS’ forums and site. We may receive information you provide on behalf of third parties, or third parties provide on your behalf, including but not limited to, gift recipients, online registrations/purchases, ship-from-store, in-store pick-up, registries or as a result of your interactions with other users.
We receive information from sources assisting us with (i) updating, enhancing, improving and/or analyzing our records or data; (ii) performing marketing and research services; or (iii) detecting fraud or theft.
C: Information that is passively collected when you use the Sites. When you visit our Sites or interact with us through your device, we may collect “User Activity Information” through Cookies, and other similar or related technologies (collectively, “Information Technologies“). “Cookies” are small text files sent to your device as you visit our Sites or utilize our Internet Marketing Channels and saved on your device via your browser. “Web Beacons” (also known as pixels or tags) are a common form of web technology used on our Sites and Internet Marketing Channels to monitor visits to certain pages within, interactions with, and the effectiveness of, our Sites and our Internet Marketing Channels.
E: Other Information. In addition to collecting Personal Information as described above, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify information so it no longer identifies you. We can aggregate and use such information to engage in marketing and other activities in a manner that does not use customers’ personal information and is outside the scope of this Policy.
II: Your Choices
We provide customers with a number of choices regarding our collection, use and disclosure of personal information:
A: Email Opt-Out. You may unsubscribe to future e-mail communications from MAKRS by clicking on the unsubscribe link provided in our e-mail communications from such Member. In addition, you may use the methods set forth in the “Contact Customer Service” link below to opt-out or update certain preferences. Regardless of your decision to opt-out of e-mail communications, we may still contact you to respond to an inquiry, regarding transactions and for transactional purposes (e.g., sales confirmations, shipping notifications, recalls, product information, service/reminder notices and account maintenance).
B: Disabling Cookies. Based upon your interactions with our Sites and elsewhere on the internet and your (and your device’s) interaction with our Internet Marketing Channels, we may personalize your experience via our Sites and via our Internet Marketing Channels. However, you have choices relating to how your device interacts with our Sites and our Internet Marketing Channels. You may choose to access our Sites and our Internet Marketing Channels without accepting certain Information Technologies on your device(s), and you may opt-out or modify certain elements that are tailored specifically to you and served to you based upon your browsing history. If you choose to restrict those Information Technologies, you can still access our Sites and Internet Marketing Channels but may not be able to take full advantage of certain features. You may also manage third party tracking by turning off cookies and changing your browser settings. Learn more at www.allaboutcookies.org.
C: Location Information. When you visit our Sites, they may collect general location information from your IP address and your specific location information (latitude and longitude) from your browser. You may opt-out of allowing our use of specific location information we obtain when you visit our Sites on-line by selecting the option of not allowing us to use location information when prompted by your browser or by managing your browser settings. Note, such opt-outs and browser settings do not limit our ability to use your general location obtained via your IP address.
D: Mobile Device and Application Preferences.
- Text Messages. If you have opted-in to receive text messages from us, we may send text messages to the number provided that corresponds to your device. To opt out of mobile messaging from MAKRS, reply “stop” to text messages received from such member. This will opt you out of all text message campaigns from that member only.
- Push Notifications. You may at any time opt out from further push notifications by adjusting the permissions in your mobile device.
- Location Information. You may at any time opt-out from allowing us to access specific location information of your device by adjusting the permissions in the mobile device you use to access our Sites and those of our third-party partners through your mobile browser.
III: How We Use Your Information
We do not generally disclose your Personal Information to unaffiliated third parties without your prior consent, although we do disclose information to third parties in some circumstances as described below under “When We Disclose Information.” We use your information in ways consistent with this Policy and applicable laws in the following ways:
- Fulfilling, delivering and communicating with you regarding requests for information and orders for products and/or services.
- Maintaining our loyalty programs, if applicable.
- Processing credit card applications, payments, returns and other such transactions.
- Administering surveys, sweepstakes, contests or promotions.
- Registering and servicing customer accounts.
- Providing customer service.
- Conducting research and analysis.
- Alerting you to product, service and promotional information, including product recalls.
- Helping us to improve and customize our products and services, Sites and Internet Marketing Channels.
- To advertise our products and services to you and those of our partners that we think may be of interest to you.
- Protecting the security and integrity of our stores, Sites, Internet Marketing Channels and overall business practices.
- Enabling Members, account holders, and others to utilize the features and functionality and Services of our Sites, including facilitating communications among Member participants, members and others.
- As may otherwise be disclosed at the time of collection.
In doing so, we may:
- Combine certain Personal Information and non-personal information collected online including information collected from third parties and members;
- Retain the information as needed to provide you products/services, comply with legal obligations, resolve disputes, and enforce agreements as necessary in our sole discretion;
- Combine the information we collect and maintain it across Members and our service providers;
- Process User Activity Information to associate you with your interactions on our Sites and In-Store services; including to recognize you and your preferences as you return to our Sites or utilize our Internet Marketing Channels, to tailor advertisements to you, and to provide other services to you. We may display targeted ads to you through Internet Marketing Channels. These ads are sent to groups of people who may share common traits, such as likely commercial interests or demographics. For example, if you have expressed an interest in shopping for golf, we may target you with golf-related products. In addition to such tailoring, we use User Activity Information to ensure that our online presence operates properly and efficiently for you and for your individual customer experience, to evaluate the use and benefit of such presence, and to support our Sites and our Internet Marketing Channels; and
- Use location information from your device in order to deliver marketing messages to you which may be more relevant to your general location. We may also use this data to track the effectiveness of local marketing campaigns, as well as our store location services.
IV: How We Disclose Your Information
We may share your information (including Personal Information) with the following categories of third parties where consistent with this Policy and applicable laws:
- With Members, third party businesses and service providers that assist with our business operations, such as shipping vendors, billing or other payment vendors, payment card processors, IT services, customer service, email and text delivery services, marketing and research vendors and various companies that work with us to improve or provide our products and services and our data integrity including advertising networks and data analytics providers. While we are not involved in the day-to-day operations of such businesses and providers, our agreements generally obligate them to use reasonable methods to keep any Personal Information safe and secure, and not use such Personal Information for purposes other than providing their applicable services. However, even if a third party business or service provider is performing business operations on our behalf, if you have an independent relationship with such third party business or service provider, its use of your information may be governed by its independent relationship with you, and we are not responsible for such use.
- As we deem necessary in the event (or partial event) of a corporate sale (asset or stock), merger, reorganization, change in corporate control, acquisition, insolvency, bankruptcy or similar event.
- In connection with various co-branded, warranty, delivery/assembly and/or financial products or services, including our private label credit card(s).
- To comply with applicable law or reasonable request based upon governmental regulation, court order, subpoena or similar related action.
- As we deem necessary to protect the rights, property or safety of MAKRS, our customers, our associates or others, to prevent harm or loss, or in connection with an investigation or suspected or actual unlawful activity.
- To the extent permitted by law, User Activity Information that is passively collected when you use our Sites as described above may be shared with our online and email advertisers, Members or other third-party vendors we use who may provide Information Technologies on our Sites or other websites to manage and improve our online and email advertising campaigns.
- As may otherwise be disclosed at the time of collection.
V: How To Update Your Information
For certain types of information, we offer you several ways to access or update such information:
- If you have an account on our Site, you can log-in to your account on the applicable Site and update your information and communication preferences provided there. Some fields (such as password) can be Site specific and if you have more than one account with us or registered on more than one Website, you will need to update each account.
- You can us the “Contact Us” link to request updates to your account.
- We may refuse requests that are unreasonably repetitive, require disproportionate technical efforts, risk the privacy of others or are impractical.
- After closing your account(s), or updating or deleting any of your information, we may retain residual copies on our servers and back-up systems to the extent permitted by law.
We use a variety of security measures to help protect Personal Information and transactions we process. Our Sites utilize encryption technology to protect Personal Information that we transport across the internet. Customers’ online and mobile accounts are password protected with restricted access.
Additionally, we use a variety of security measures to help protect Personal Information that we maintain. While no company can guarantee the security of your information, we use physical, administrative and technical controls that are consistent with retail industry practices to mitigate such risks.
Our Sites are “general audience” websites and not directed toward children under the age of 13. We do not knowingly collect Personal Information from children under the age of 13 without express parental consent. If you are a parent or guardian and think we have unauthorized information about your child who is under the age of 13, please let us know by using the “Contact Us” link.
VIII: Third Party Links
Our Sites and our Internet Marketing Channels may link to other sites that we do not control. In addition, you may have visited our Site through a link or a banner advertisement on another site. In such cases, the site you linked from may collect information from people who click on the banner or link. These other sites are governed by their own privacy policies which you should review when visiting such sites to understand how they collect and use your information. We are not responsible for the privacy practices third party sites.
MAKRS is a marketplace and a community. We offer several features that allow users to connect and communicate in public or semi-public spaces. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your account that is publicly available, your account’s status, your forum posts and memberships, your username and/or shop name, the display name you’ve optionally chosen to share publicly in your account, avatar image, the date that you registered on the Site, as well as your language and regional settings on the Site. If you close your account, your posts may remain public after your account is closed. You are responsible for the personal information that you choose to post in community spaces.
XI: State-Specific Notices
For California residents, under the California Consumer Privacy Act (CCPA), MAKRS gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your MAKRS account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.
- Right to Access & Portability: You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
- Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
- Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
- Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of MAKRS.
- Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.
- Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
The CCPA provides California residents with the following additional rights:
- Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
- Right to Opt-Out: To the extent that MAKRS “sells” Personal Information, California residents are entitled to opt-out of the “sale” of data at any time.
If you would like to manage, change, limit, or delete your Personal Information, you can do so via your MAKRS account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through the “Contact Us” link. Once you contact us to exercise any of your rights, we will confirm receipt of your request.
Limiting use of, or deleting, your Personal Information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact MAKRS through one of the channels listed below under the “Contact Us” link. We will respond to your request within a reasonable timeframe.
Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.
For Nevada residents, please note that we do not sell Personal Information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6). You can submit a request to us by using the “Contact Us” link regarding the sale of such information.