Effective Date: March 20, 2023
If you have any questions about how we collect, use, protect or disclose your Personal Information in connection with our Website and Services, please contact us by email at help@getOccasion.com.
PERSONAL INFORMATION AND OTHER INFORMATION WE COLLECT
Our primary goals in collecting Personal Information are to provide our Services, conduct our business operations, and improve our Website.
What Personal information Do We Collect?
Depending on how you use our Website and Services, we may collect the following categories of Personal Information about you:
- Identifiers: Information such as your real name, email address, telephone number, online identifier, IP address and other similar information;
- Commercial Information: Services you have purchased, obtained, or considered and content of your related communications with us.
- Internet Activity: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Website.
- Device information: Information such as the IP address, general geographic location, operating system, browser type, language preferences, mobile phone number, device identifier and other similar information associated with a device used to access, use, or interact with the Services.
- Geolocation Data: Imprecise location information, like the city, state and ZIP code associated with your IP address.
- Other information you provide to us.
HOW WE COLLECT PERSONAL INFORMATION
Directly from You
We collect your Personal Information directly from you when you access, use or otherwise interact with our Website, or otherwise engage with us in connection with our Services such as requesting more information about us.
From You Automatically
We may collect certain information about you automatically when you use our Website, such as your IP address, mobile carrier, and other device identifiers that are automatically assigned to your computer or device when you access the Internet. For more information, see the “Cookies and Other Tracking Technologies” section below.
From Third Parties
We, or third parties acting on our behalf, may collect Personal Information about you from third parties “Third Party Sources,” in a variety of ways, including, without limitation:
- We may receive Personal Information about you from third parties that provide services to us through or in connection with the performance of our Services or the operation of our Website, including our web hosting providers and payment providers.
- We may receive Personal Information related to your use of our Website from third party analytics providers. For more information, see the “Cookies and Other Tracking Technologies” section below.
- We, or third parties acting on our behalf, may also receive Personal Information about you from other third parties, such as other users of our Website and Services, including without limitation, those that refer you to us.
Please note, we may combine the Personal Information and other content and information we receive about you from multiple sources, including, without limitation, Personal Information we collect directly from you and one or more Third Party Sources.
HOW WE USE PERSONAL INFORMATION
The primary purposes for which we use Personal Information are:
- Customer Service and Customer Communications. We may use Personal Information to (1) facilitate purchases; (2) send you emails, calls, and text messages to provide you with alerts and updates about your engagement with the Services; and (3) for those purposes in which you authorize or instruct us to use your Personal Information.
- Business Purposes. We may use Personal Information for business purposes including but not limited to: (1) carrying out our obligations and enforcing our rights arising from any contracts we have entered into, including, without limitation, any contracts between you and us; (2) operating and improving our products and Services; (3) conducting statistical or demographic analysis; (4) customizing your experience with our Website; (5) preventing fraud; (6) assessing the success of our marketing and advertising campaigns; (7) registering accounts; and (8) other business purposes permitted under applicable law.
- Marketing Purposes. We may use your Personal Information to advertise and market to you including notifying you of special promotions, opportunities, offers and events via e-mail and other means.
- Law Enforcement/Legal Purposes. We may use Personal Information to cooperate with law enforcement or other legal purposes including: (1) complying with legal and regulatory requirements; (2) satisfying contractual obligations; (3) cooperating with law enforcement or other governmental agencies for purposes of investigations, public safety or matters of public importance when we are legally required to do so or believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; and (4) protecting and defending against legal actions or claims.
Please note, we may use and disclose aggregated, anonymized or de-identified information collected in connection with our Website and Services and other information that does not identify any individual (“Anonymized Data”) for any lawful purposes, which may include, without limitation, purposes not described in this Policy. Except as otherwise required under applicable laws, our use and disclosure of such Anonymized Data is not subject to this Policy.
SHARING PERSONAL INFORMATION WITH THIRD PARTIES
To operate our Website and provide our Services, we may share certain Personal Information that we, or third parties acting on our behalf, have collected, with certain third parties. The third parties that we may share Personal Information with include:
- Service Providers. We may share Personal Information with service providers. For example, we may share Personal Information with vendors to help us host and manage our Website; improve the content and functionality of the Website; perform data analysis and statistical analysis; troubleshoot problems with the Website; provide email services; provide data processing; and support or provide the security of the Website.
- Payment and Billing Processors. In addition to the service providers above, we share Personal Information with payment processing and billing service providers. We currently use PayPal Braintree for payment processing. For additional information about how Paypal uses Personal Information, please visit: https://www.paypal.com/us/webapps/mpp/ua/privacy-full. We currently use Chargebee for billing services. For more information about how Chargebee uses Personal Information, please visit: https://www.chargebee.com/privacy/.
- Government and Law Enforcement. We may share your Personal Information with individuals or private parties where necessary to enforce and comply with the law, to protect our property or legal rights, for the safety of the public or any person, to prevent harm, to protect the security and integrity of the Services and any equipment used to make the Services available.
- Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors, and business advisors, in their capacity as advisors to Occasion.
- Other. We may share Personal Information with third parties and/or service providers when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).
TOOLS WE USE AND YOUR CHOICES
Cookies and Other Tracking Technologies
HOW TO MANAGE YOUR PERSONAL INFORMATION
We offer you several choices with respect to how we use your Personal Information.
• You may update or correct any Personal Information you have provided us by editing your account information on our Website or by contacting us at help@getOccasion.com.
• For marketing and other promotional email communications you receive from us, you can opt-out of receiving such communications by following the unsubscribe instructions contained in most email messages from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional marketing and other promotional emails from us. Please note, opting out of these communications will only apply to marketing and other promotional emails and will not apply to any email or other communications we send to you for non-marketing purposes, including, but not limited to, emails and other communications about your interactions with our Website.
We are active on social media, including Facebook, YouTube, and Twitter (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Website and our Social Media pages any comments or content that you post on our Social Media pages. Your use of Social Media is governed by the privacy policies and terms of the applicable Social Media providers.
SECURITY OF INFORMATION
We are committed to protecting the security of your Personal Information. We use commercially reasonable safeguards to maintain the security and privacy of Personal Information we collect and use in connection with our Website. Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the transmission of information via the internet and mobile platforms. Although we take precautions to protect against the risk of unauthorized access to your Personal Information, we cannot guarantee the security of any information, including your Personal Information, that you disclose online and you do so at your own risk.
We do not direct or target any piece of our Website to children under the age of 18. If we learn that we have collected the Personal Information of anyone under the age of 18, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 18 and discover that your child has submitted Personal Information to us, please contact us at help@getOccasion.com. We will make reasonable efforts to remove such information from our databases.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your Personal Information to third parties for direct marketing purposes: (1) the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.
You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to help@getOccasion.com and use the subject line: CA Privacy Rights Request.
CHANGES AND UPDATES TO THIS POLICY
This Policy may change at any time. Unless otherwise noted, those changes will be effective as soon as they are posted. If changes are made to this Policy, we will make it known on our Website or by email and will indicate the last date it was updated above. Please check back periodically to see if our Policy has been updated.
Your continued use of our Website after any changes to this Policy become effective, constitutes your continued acknowledgement that you understand that we may continue to use your Personal Information as described in this Policy.
TERMS APPLICABLE TO UNITED KINGDOM AND EUROPEAN UNION RESIDENTS
If you are located in the United Kingdom or the European Union, you have certain rights with respect to your Personal Information. Following is a summary of those rights and additional information applicable to our collection and use of your Personal Information.
When you provide us with your Personal Information in connection with our Website, we serve as a data controller. When we act as a data controller we determine how your Personal Information will be utilized, in accordance with this Policy.
Legal Basis for Processing
We rely on several legal bases to process your Personal Information. These legal bases include where:
• The processing is necessary to perform our contractual obligations, such as to provide you with access to our Website;
• You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
• The processing is necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims; and
• The processing is necessary for the purposes of our legitimate interests, such as improving, personalizing, and developing our Website, marketing new features or products that may be of interest, and promoting safety and security as described above.
If you have any questions or would like further information about the legal bases we rely on to collect and use your Personal Information, please contact us at help@getOccasion.com.
Rights Under the General Data Protection Regulation
If you are located in the United Kingdom or European Union, you have the following rights in respect of your Personal Information that we hold:
• Right of access. The right to obtain access to your Personal Information.
• Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
• Right to erasure. The right to obtain erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of the Personal Information.
• Right to portability. The right to portability allows you to move, copy, or transfer Personal Information easily from one organization to another.
• Right to object. You have a right to object to processing based on legitimate interests and direct marketing.
If you wish to exercise one of these rights, please email us at help@getOccasion.com. You also have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Retention of Personal Information
We reserve the right to retain any Personal Information as long as it is needed to: (1) fulfill the purposes for which we collected the Personal Information; and (2) comply with applicable law.
Transfers of Personal Information
If you are located in the United Kingdom or European Union, the Personal Information we collect may be stored and processed in any country in which we or our affiliates, suppliers, third party electronic payment processors, and/or agents maintain facilities, including, without limitation, the United States of America. The United States of America has not sought nor received a finding of “adequacy” from the United Kingdom or European Union. We rely on appropriate safeguards and derogations for specific situations as set forth in applicable laws to protect Personal Information transferred from the United Kingdom or European Union to third countries and international organizations.
Obligations to Data Protection Authorities (DPAs)
We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) cooperate with its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
TERMS APPLICABLE TO CANADIAN RESIDENTS.
Right of Access. Under Canadian privacy laws you have the right:
• To be informed of the existence, use and disclosures of your Personal Information;
• To receive an account of the uses that have been made of your Personal Information by us and any third parties to whom it has been disclosed;
• To be given access to your Personal Information; and
• To challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.
We may require that you provide information verifying your identity before we provide this requested information to you. To obtain such information, please email your request to help@getOccasion.com.
TERMS APPLICABLE TO AUSTRALIAN RESIDENTS
We comply with the Australian Privacy Principles (“APPs”) (which are part of the Privacy Act 1988 (Cth) (“Act”)).
You do not need to provide us with your Personal Information and you may interact with us on an anonymous or pseudonymous basis. However, if you choose to interact with us in this fashion, or if you do not provide us with Personal Information when requested, we may be unable to provide you with all the goods and/or services that you seek from us.
Further, we may need to verify your identity as part of our response to a request to access and/or correct Personal Information we hold about you, or as part of our complaints-handling process. If we are unable to verify your identity, or you continue to engage with us in an anonymous or pseudonymous manner, we may be unable to satisfy your request or complete our complaints-handling process.
Cross Border Transfers
Third parties to whom we disclose Personal Information may be located outside Australia. Additionally, information (including Personal Information) may be hosted for us in data centers located outside Australia, including in Europe, the USA and/or other countries as determined by us from time to time at our discretion. In the event we disclose Personal Information to a third party located outside Australia, we will take reasonable steps to ensure that the third party recipient has implemented and maintains reasonable security mechanisms to protect the information.
Wherever reasonably practicable, we will first seek your consent to such cross-border disclosure. Where you consent to such disclosure, we will be exempt from the requirements of the Act in relation to such disclosed information. Where it is not reasonably practicable for us to obtain your consent, we will otherwise comply with the requirements of Act in relation to such disclosed information.
You have the right to inform us that you do not wish for us to send information to you other than for the primary purpose for which we collect your Personal Information. We will always attempt to ensure that our disclosure of Personal Information to other organizations is carried out in a manner which does not personally identify individuals, to the extent that it is practicable and lawful to do so.
We may directly market our products and/or services to an individual on the basis that the individual would reasonably expect us to do so, where we have already collected the individual’s Personal Information. Where we collect information about an individual from a third party, we will not use that information to directly market to that individual unless that individual provides us with consent (either express or implied). In directly marketing our products and services, we will comply with other laws relevant to marketing, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and the Competition and Consumer Act 2010 (Cth). All direct marketing communications which we send will include an easy opt-out procedure if at any time you wish for us to stop sending you marketing communications.
We take reasonable steps to ensure that the Personal Information we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of the information we hold largely depends on the accuracy of information supplied to us. If at any time you discover that any information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, please contact us to correct the information.
Accessing and Correct Personal Information
Where we hold Personal Information about an individual, that individual is entitled at any time (upon request) to access the Personal Information we hold about that individual. Where we receive a request to access the Personal Information we hold about an individual, we will respond within a reasonable period of time. Unless it is impracticable for us to do so, we will generally provide access to the requested information in the manner requested.
Please note that we are entitled to charge a reasonable administrative fee to cover our costs incurred in providing access to the Personal Information we hold about an individual. Please also note that we reserve the right to verify the identity of the person making an access request, to ensure that we are not inadvertently disclosing Personal Information to an individual not entitled to access such information.
Further, we reserve the right to redact the information we make available in response to an access request, to protect the privacy of other individuals.
We may from time to time refuse to provide access to the information we hold about an individual, in accordance with the provisions of the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where we refuse access, we will explain the reasons for refusal in writing and provide details in relation to the relevant complaint process.
If at any time an individual believes that Personal Information we hold is incorrect, incomplete, outdated or inaccurate, the individual has the right to request that we amend such Personal Information. If we refuse the correction request, then we will provide written reasons and information about the complaints-handling process should the individual not be satisfied with those reasons.
Where information about an individual is corrected and the information has been disclosed to third parties prior to the correction, we will take reasonable steps to notify the third parties of the correction.
Lodging a Complaint
If you wish to complain about an alleged breach of the privacy of your Personal Information, the complaint should be made in writing to us at the email address below. We will promptly acknowledge receipt of your complaint and we will endeavor to deal with your complaint and to provide you with a response within a reasonable period of time following receipt of your complaint (generally within 30 days of receipt).
Where a complaint requires a more detailed investigation, it may take longer to resolve. If this is the case, then we will provide you with progress reports.
We will verify your identity and seek (where appropriate) further information from you in connection with your complaint.
Where required by law, we will provide our determination on your complaint to you in writing.
Please note that we may refuse to investigate or otherwise deal with a complaint if we consider it to be vexatious or frivolous.
If you are dissatisfied with the outcome of your complaint, you may write to us seeking an internal review of our decision. Such internal review will be completed by an officer not previously involved in your complaint.
If you still remain dissatisfied following the result of the internal review, you may escalate your complaint to the Office of the Australian Information Commissioner.
We welcome your questions, comments, and concerns about privacy. Please email us at help@getOccasion.com with any questions or feedback you have pertaining to our privacy practices.