Terms Of Use

EFFECTIVE DATE: March 11, 2024

Welcome to Beautiful Losers (this “website” or “site”), a website owned and operated by Beautiful Losers LLC (“Beautiful Losers”, “we”, or “us”). These terms of use and the privacy policy apply to all visitors, users, and others who access this website (“users”, and/or “you”). These terms of use explain the terms by which you may use our website and our services. By accessing or using the website, you signify that you have read, understood and agree to be bound by these terms of use (“terms of use”), whether or not you have registered to create an account. These terms of use and our privacy policy create the terms of your and our agreement whenever you use this website, and when you choose to purchase products through this website. Please read these terms of use carefully before you start to use this website. By accessing or using this website and/or purchasing products through our website, you agree to be bound and abide by these terms of use and our privacy policy found on this site. If you do not agree to these terms of use or the privacy policy, you must not access or use this site.

If you are not at least 13 years old, do not use this website. If you are between the ages of 13 and 18, we assume that if you are using this site or purchasing products through this site, that you have the permission of a parent or legal guardian to do so and it you do not, then do not use this site or purchase products on this site.

CHANGES AND UPDATES

We reserve the right to amend these terms of use and privacy policy at any time and without prior notice. If we do this, we will post the amended terms of use and/or privacy policy and indicate at the top of the terms of use or the privacy policy as the case may be. Your continued use of this website after any such changes are made means your acceptance of the new policy and terms. If you do not agree to any changes or additions to these terms of use, do not continue to use or access this site.

ACCESSING THIS WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any material we provide on this website in our sole discretion. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users, including any registered users. If you register for an account, you will be asked to provide to us certain personal information at the point of collection and to create a password (see our privacy policy for more information). If you think someone else has compromised your account or taken your password without permission, please alert us immediately via the form on our Contact page. If we think you or someone else is using the website or your account in a way not allowed by these terms of use, we have the right to disable your account or other credentials you set up at any time.

USE OF YOUR ACCOUNT

You are responsible for all activity on the site from your account or that use your credentials. You are responsible and liable for any security breaches that occur with respect to the website through your account.

USE OF OUR WEBSITE

You agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers, or any other tool or malicious code that would disrupt our website or try to compromise other users and other accounts. This site does not allow users to post content. You agree that you will not use any means with respect to the website including any automatic or electronic means to obtain or access any information, data or materials provided by any other users.

SHOPPING

SHOPPING CARTS

When you shop on our site, you can use a shopping cart to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your choices, your shipping address, how you are paying for your items, and the sizes you need.

CHECK OUT

When you check out, the data is transmitted to our third-party payment processing company (at present we use Shopify). Shopify stores your payment information on our behalf. If you use other means of payments (such as Apple Pay), you will be entering your information into those third parties’ sites, and you should review those provider’s terms of use and privacy policies.

If any item you select is a pre-order or on back order, we will send you updates to let you know when it will be shipping or become available. This notice will be sent to the email you give us when you are getting ready to check out.

We endeavor to present current, accurate, and reliable information regarding out products. However, on occasion, this site may contain typographical errors, inaccuracies, or omissions that may be with regard to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct errors or to update product information at any time without prior notice. If a product is listed at an incorrect price due to an error on this site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any product lists at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your method of payment charged. If your method of payment has already been charged for the purchase and your order is then cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.

You are expressly prohibited from using this site to purchase any product for purposes of resale by you or any other person, and we expressly disclaim all warranty for claims for damages or otherwise, including all indirect or consequential damages resulting from your intent to, attempt to, or actual resell any product purchased from the website.

If there is a problem with the information you give us when you check out, we will try to reach you through the contact information you provided.

If there is any concern about fraud or credit, we will let you know if we are allowed by law. We may be required by law to first report the problem to law enforcement officials. We use a third-party vendor to detect fraud.

When you check out, and input your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account or your payment.

All sales are final. We do not accept cancellations or returns. All orders are fully insured and therefore damage claims should be filed with the carrier for damaged orders.

We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of check out. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

When you check out, you will select your means and timing of shipment. If you do not live in the United States, where we are based, you may also have to pay import duties.

This website and its entire contents, our products and the photographs of our models and our products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio and the design selection, and arrangement thereof) – collectively and individually, the “materials”, are owned by Beautiful Losers LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Beautiful Losers materials. Use of Beautiful Losers materials for any purpose not expressly permitted by these terms of use is strictly prohibited. You may choose to submit to us comments or suggestions about the site and our products by submitting a comment or suggestion. You understand and agree that we have the unlimited right to use those comments and suggestions for any purpose, without any compensation or attribution to you.

We have implemented reasonable technical, security, and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. Notwithstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission. It is your choice whether or not to provide information to us through this website.

When you proceed to checkout, your information will be transmitted to our third-party payment processor (at present Shopify). See our privacy policy for more information about third-party providers.

If you link to another website from this website for any other goods or services, of if you come to this site from a third-party site, you understand that these terms of use and the privacy policy do not apply to your use of those other sites. You expressly relieve Beautiful Losers from any and all liability arising from your use of any third-party website or services.

To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless Beautiful Losers and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contracts, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (I) your use and access to the website; (II) your violation of any term of these terms of use, including without limitation; (III) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights or any contractual or proprietary rights, (IV) your violation of any law, rule or regulation of the United States or any other country; (V) any claim or damages that arise as a result of any information or data that are submitted via your account; or (VI) any other party’s access and use of the website with your unique username, password or other appropriate security code.

This website is provided on an “as is” and “as available” basis, except as expressly stated herein, this site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Beautiful Losers, its subsidiaries, and it licensors do not warrant that the content on this website is accurate, reliable or correct; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components. To the fullest extent permitted by applicable law, in no event shall Beautiful Losers, its affiliates and their officers, directors, members, managers, employees or its licensors, vendors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that arise from or relate to the terms of use, this website or that result from the use of, or inability to use, the website.

To the maximum extent permitted by applicable law, under no circumstances will Beautiful Losers be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the site or your account or the information contained therein. M.

To the maximum extent permitted by applicable law, Beautiful Losers and its affiliates and their officers, directors, members, managers, and employees have no liability or responsibility for any (I) errors, mistakes or inaccuracies of any content, materials, data or information; (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site; (III) any authorized access to or use of this website and/or any and all personal information stored therein; (IV) any bugs, viruses, Trojan Horses, malicious code or the like that may be transmitted to or through our site by any third party; (V) any errors or omissions in any content, information or data or for any loss or damaged incurred as a result of the use of any content, data or information posted, uploaded, emailed, transmitted, or otherwise made available through the site; and/or (VI) the defamatory, offensive, or illegal conduct of any third party.

In not event shall Beautiful Losers and its affiliates and their officers, directors, employees, members, managers or our licensors, suppliers or vendors be liable to any user in the aggregate for any and all claims, proceedings, liabilities, obligations, damages, losses or costs arising out of or relating to the terms of use, the products or this website in any amount exceeding the amount, if any, that such user has paid to Beautiful Losers for the products purchase through this site giving rise to the claim.

These limitations of liability apply whether the claim or alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Beautiful Losers has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law.

These terms of use shall be governed by the internal substantive laws of the state of Ohio without respect to its conflict of laws.
Arbitration; No Class Action. To the fullest extent allowed by law, neither you nor will we seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. This includes all disputes regarding any current, past or future purchase or event, between you and us regarding our products, this agreement or this website, and whether the claim/s is based on contract, tort, warranty, statute, regulation or other legal or equitable basis.

We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability, of these terms of use, the privacy policy or the formation of this agreement, including the arbitrability of any dispute and any claim that all or any part of this agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury. If you or we have a dispute with the other or this website or our agreement, notice must first be sent to the other party, including: name, address, and contact information of the party giving notice; the facts that are the basis of the dispute; and the remedy sought.

For notice to us regarding a dispute, they must be emailed to us via the form on the Contact page. If we have a claim against you, we will notify you by the contact information you have provided to us. We and you will then use good faith efforts to resolve the dispute through informal negotiations. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in Cincinnati, Ohio, or if you and we agree, remotely.

Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Other than for disputes, Beautiful Losers may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Beautiful Losers in our sole discretion. Beautiful Losers reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these terms of use and our privacy policy.

These terms of use, the privacy policy and your agreement to pay for the products you buy through this website create the entire agreement with respect to your use of this website and the products you buy from us. If any provision of these terms of use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. No waiver of any term of these terms of use shall be deemed a further or continuing waiver of such term or any other term, and Beautiful Losers’ failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

This website is owned and managed by Beautiful Losers. All feedback, comments, requests for technical support and other communications relating to this website or our products can be sent to us via the form on the Contact page of this website.

PRIVACY POLICY

The privacy policy describes how Beautiful Losers (“Beautiful Losers”, “our”, “we”, and “us”) processes personal information about you. This policy applies to information collected both online and offline, including when you access our website (“site”), contact our customer service team, engage with us on social media, communicate with us, or otherwise interact with us (together with the site, the “services”). If you have any questions, please contact us via the Contact page. If you have a disability and need to receive this privacy policy in a different format, please contact us via the Contact page. This policy does not apply to personal information that we collect in connection with your work for us as an employee or independent contractor. That information is governed by our workforce privacy policy. Please read this policy carefully to understand our policies and practices. By using the site and services or providing your personal information to us, you consent to the use of your information in accordance with this privacy policy. If you do not agree with any term in accordance with this privacy policy, you should not access and use the site/s and please do not otherwise provide us with any personal information.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT

The type of information that we collect depends on your interaction and relationship with us. We collect, and in the preceding 12 months have collected and processed, the below categories and types of personal information with your consent or as otherwise required or permitted by law.

1. CONTACT INFORMATION

We collect full name, mailing address, shipping address, email address, telephone number, and business contact information.

2. IDENTIFIERS

We collect social security number, driver’s license number, military ID number, passport number, state identification card number, I-9 documentation, tax or national identification number, internet protocol address, account usernames and passwords, signature, and social media user names.

3. FINANCIAL INFORMATION.

We collect credit card information, payment card number, payment card expiration date and CVV code, and billing address.

4. COMMERCIAL INFORMATION.

We collect records of products or services purchased, obtained, or considered and purchasing histories.

5. INTERNET OR ELECTRONIC USAGE DATA

We collect data related to network and website interaction history, IP address, website cookie information, interaction with advertisements and browsing time.

6. GEOLOCATION DATA

We collect your general region or area from which you access our sites.

7. INFERENCES

We use information from the categories of personal information described above in order to create inferences about you, to reflect your preferences, characters, behavior and attitude.

SOURCES OF PERSONAL INFORMATION

We collect, and in the preceding 12 months have collected, personal information in the following ways. We collect contact information, identifiers, personal characteristics or traits, financial information, commercial information, audio/visual data that you provide directly to us. When you access our sites, we collect identifiers, geolocation data, and internet or electronic usage data using tools like browser cookies.

PURPOSES FOR COLLECTING PERSONAL INFORMATION

We use personal information for the following business and commercial purposes:

1. PROVIDING OUR PRODUCTS AND SERVICES

We use contact information, identifiers, financial information, and commercial information to allow individuals to provide our products and services we have contracted for, process payments, and provide updates and reports.

2. TRANSACTIONAL PURPOSES

We use contact information, identifiers, financial information, and commercial information to: (I) communicate with you, (II) provide you with customer assistance, (III) administer contracts with our vendors, clients, and service providers, and (IV) provide supporting business activities such as tax related services.

3. BUSINESS OPERATIONS

We use contact information, identifiers, personal characteristics or traits, financial information, audio/visual data, sensitive information, and inferences for our day-to-day business operations, including maintaining records, planning, budgeting, calibration, headcount, database administration, surveys, evaluations, reports, compliance, regulatory, audit, investigative and disciplinary purposes and other ethics and compliance reporting tools, and to support our business operations.

4. ANALYTICAL PURPOSES

We use identifiers, internet, or electronic usage data, geolocation data, commercial information, and inferences to analyze preferences, trends, and statistics.

5. MARKETING AND PROMOTIONAL PURPOSES

We use contact information, identifies, financial information, internet or electronic usage data, geolocation data, and inference to improve our marketing efforts, conduct market research, prospect for new customers, engage in customer relationship management, administering promotions, and to provide you with information about us, including personalized marketing communications.

6. MAINTENANCE AND IMPROVEMENT OF OUR SITES AND SYSTEMS

We use identifiers, geolocation data, internet or electronic usage data to improve our sites and systems, provide and maintain functionality on our sites and systems, and help us diagnose technical and service problems and administer our sites and systems.

7. DEVELOP AND IMPROVE OUR PRODUCTS AND SERVICES

We use contact information, identifiers, financial information, commercial information, personal characteristics data, internet or electronic usage data, audio/visual data, and inferences to help us develop new products and services and to improve and analyze our existing products and service offerings.

8. SECURITY AND FRAUD PREVENTION

We use contact information, identifiers, personal characteristics or traits, financial information, commercial information, internet or electronic usage data, audio/visual data, geolocation data, sensitive information, and inferences to: (I) protect us, our employees, and our sites, premises, assets, systems, products, services and intellectual property, including from fraud, theft, and misconduct; (II) enforce our policies and terms, (III) conduct vendor due diligence and; (IV) detect and prevent fraud, theft and misconduct including by verifying the identity of those we are conducting business with.

9. LEGAL

We use contact information, identifiers, personal characteristics or traits, financial information, commercial information, internet or electronic usage data, audio/visual data, geolocation data, and inferences to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protest our company and our property, employees, and others through legal proceedings.

10. OTHER PURPOSES

We may use contact information, identifiers, personal characteristics or traits, financial information, commercial information, internet or electronic usage data, audio/visual data, geolocation data, and inferences for other reasons we may describe to you.

HOW WE DISCLOSE PERSONAL INFORMATION

We disclose personal information in the following circumstances:

1. SERVICE PROVIDERS

We may share personal information with vendors and service providers who support the operation of our services, sites, and our business and who need access to such information to carry out their work for us including, for example, cloud hosting, payment processing, order fulfillment, email delivery, marketing, insurance, application processing, operating systems and platforms, transportation, and customer support services. We also provide this information where necessary to our professional service providers such as lawyers, bankers, tax consultants, auditors, and insurers. In some cases, the vendor or service provider may directly collect the information from you on our behalf. In the past 12 months, we have disclosed contact information, identifiers, personal characteristics or traits, financial information, commercial information, internet or electronic usage data, audio/visual data, geolocation data, and inferences to our service providers.

2. AFFILIATES

We may share personal information with and among our parent company, subsidiaries, affiliates, or their successors or assigns. In the past 12 months, we have disclosed contact information, identifiers, personal characteristics or traits, financial information, commercial information, internet or electronic usage data, audio/visual data, geolocation data, and inferences to our affiliates.

3. ANALYTICS/ADVERTISING PARTNERS

We may share personal information with third party analytics or advertising partners, including social media platforms and networks, who provide analytics or marketing and advertising services to us. In the past 12 months, we have disclosed identifiers, commercial information, internet or electronic usage data, and inferences to our service providers.

4. GOVERNMENT ENTITIES

We share information with regulatory and government entities including government, administrative, law enforcement and regulatory agencies, tax authorities, and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation. This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us. In the past 12 months, we have not disclosed contact information, identifiers, personal characteristics or traits, financial information, commercial information, and inferences to government entities.

5. CORPORATE TRANSACTIONS

We may share information with potential investors, purchasers, merger partners, and their advisors in the event we: (I) sell or transfer, or are considering selling or transferring, all or a portion of our business assets, or (II) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations or, (III) are soliciting or accepting investments. We have not disclosed any personal information to corporate transaction recipients in the last 12 months.

6. OTHER REASONS

We may disclose personal information for other reasons we may describe to you, including if you consent to the disclosure or direct us to disclose your information.

WE COMBINE INFORMATION

We combine information we obtain from different sources with publicly available information, including to create inferences and profiles about you. For example, we may combine information that we have collected offline with information we collect online. We combine information that we have collected across other third-party sites. We combine information across devices, such as computers and mobile devices. We may also combine information we get from a third party with information we already have.

SENSITIVE PERSONAL INFORMATION

Unless specifically requested, we ask that you not send us, and you not disclose to us, through the sites or otherwise, any sensitive personal information (E.G., social security number, taxpayer identification number, passport number, driver’s license number, or other government-issued identification number; credit or debit card details or financial account number, with or without any code or password that would permit access to the account, credit history; or information on race, religion, ethnicity, sex life or practices or sexual orientation, medical or health information, genetic or biometric information, biometric templates, political or philosophical beliefs, political party or trade union membership, background check information, judicial data such as criminal records, or information on other judicial or administrative proceedings.

HOW LONG DO WE KEEP PERSONAL INFORMATION

We will retain and use your information for as long as we need it to provide you services or products, or as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Where we process personal information for marketing purposes, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing so that we can respect your request in the future. We use the following criteria to determine retention periods:
1. How long the information is needed to provide our services and operate our business; 2. Whether information is needed to protect our business and mitigate risk;
3. Whether there are contractual or legal obligations that exist that require us to retain the information for a period of time;
4. Whether any law, statute, or regulation allows for a specific retention period;
5. Whether an individual has agreed to a longer retention period;
6. Whether the data is considered to be sensitive data; and what the expectation for retention was at the time the data was provided to us.

COOKIES, ANALYTICS, AND OTHER TRACKING TECHNOLOGY

COOKIES AND TRACKING TECHNOLOGY

We want you to be aware that certain online tools exist to help us serve and recognize you when you visit out site. We receive and store certain types of information when you visit our site. When you access the site, we (including companies we work with) may place small data files on your computer or other device. These data files may be web beacons, cookies, clear GIFs, pixel tags, E-tags, log files, or other local storage provided by your browser or associated applications. These tracking technologies, which are often referred to collectively as cookies, allow us to understand how users navigate to and around our site, view different pages, access content and request services. We may use them, for example, to keep track of your preferences and profile information and collect general usage and volume statistical information. If you want to remove or block cookies, you may be able to update your browser settings. You can find instructions on how to manage cookies on different types of web browsers at www.allaboutcookies.org. To learn more about interest-based advertising, tracking technologies, and how to opt out, you can visit www.aboutads.info/choices.

SESSION REPLAY TECHNOLOGY

We use session replay technology on our site. Session replay technology, also referred to as session playback or user experience (UX) replay, collects information regarding records and tracks your interactions with a website or application. It then transforms those logged user events (such as mouse movements, clicks, page visits, scrolling, tapping, etc.) into a reproduction of what you actually did on the website or application. We use session replays for quality control, customer service, fraud prevention and security, and marketing purposes. Our session replay technology is owned and operated by a third-party who acts as our service provider. The information collected by this technology may be collected by, transferred to, and stored by our third-party service provider.

DO NOT TRACK SIGNALS

Some browsers have a “Do Not Track” feature. It lets you tell websites you visit that you do not want them to track your online activity. These features are not yet uniform across browsers. Our sites are not currently set up to respond to these signals. For more information, please visit www.allaboutdnt.com.

GOOGLE ANALYTICS

We use analytics services provided by Google. If you would like more information on how Google uses data when you visit or use our site, please visit www.google.com/policies/privacy/partners. If you would to opt-out, Google uses an opt out tool which is available at www.tools.google.com/dlpage/gaoptout.

LINKS TO OTHER WEBSITES

Our site may include links to other websites or applications whose privacy practices may differ from ours. If you submit personal information to any of those websites or applications, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit or application that you use.

SECURITY

We follow generally accepted industry standards to protect the personal information submitted to use and have implemented reasonable technical, organization, administrative and physical measures to protect personal information. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security and encourage you to use websites and share information with caution.

THIS SITE IS NOT INTENDED FOR CHILDREN

Our services are not directed to children. We do not collect and disclose personal information about individuals under the age of 13.

MARKETING COMMUNICATIONS

MARKETING EMAILS

You can opt out of marketing or advertising emails by using the “Unsubscribe” link or mechanism noted in communications you receive from us. Once we process your request, we will cease using the information for such purpose at no charge to you. If you opt out of getting marketing messages, you will continue to receive messages from us about your relationship with us where permitted by law.

PROCESSING IN THE UNITED STATES

If you are accessing our site or services from outside the United States, please be aware that information we obtain about you will be processed in the United States by Beautiful Losers or our service providers or affiliates. By using the site or our services, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own as described in this privacy policy. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other jurisdictions may be different from the laws in your country of residence. The United States may not afford the same level of protection as laws in your own country.

CALIFORNIA PRIVACY RIGHTS

This section applies to you if you are a resident of the state of California.

CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”)

SALE OR SHARING OF PERSONAL INFORMATION
In the preceding 12 months, we have “sold” or “shared” (as those terms are defined in the CCPA) the following categories of personal information: identifiers, commercial information, internet or electronic usage data, geolocation data, and inferences. We do not knowingly sell or share personal information of individuals under the age of 16. We do not sell your personal information for monetary consideration.

USE OR DISCLOSURE OF SENSITIVE PERSONAL INFORMATION

In the preceding 12 months, we have not used or disclosed sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.

YOUR RIGHTS UNDER THE CCPA

Subject to certain exceptions and limitations, the CCPA affords California consumers the following rights
1. You have the right to request that we tell you (I) what personal information we have collected about you, (II) the sources of that information, (III) the business or commercial purposes for collecting, selling or sharing the personal information, and (IV) the categories of third parties to whom we have disclosed personal information.
2. You have the right to request that we provide you with a copy of your personal information.
3. You have the right to request that we delete personal information that we have collected from you. We may not delete all of your personal information if one of the exceptions to the CCPA applies.
4. You have the right to opt out of the sale of your personal information.
5. You have the right to opt out of the sharing of your personal information for cross-context behavioral advertising.
6. You have the right to direct us to limit the use or disclosure of your sensitive personal information to only the purposes specified in the CCPA.
7. You have the right to direct us to limit the use or disclosure of your sensitive personal information to only the purposes specified in the CCPA.
8. You have the right to correct inaccurate personal information that we hold about you.
9. You have the right to not be discriminated against for exercising any of your CCPA rights. We will not discriminate against you, deny you services, charge you a different price, or provide you with a lesser quality of services if you exercise any of your CCPA rights.

EXERCISING YOUR RIGHTS

To exercise any of your rights, please contact us via the Contact page on our site. For all requests, you must provide us with your name, email address, phone number, and date of last purchase. We will verify your identity by matching the information we have collected against the information you have provided. Failure to provide the foregoing information may prevent us from processing your request. If you have requested that we correct your personal information, we may contact you to request additional information about the personal information that you believe is inaccurate, including supporting documentation. In order to designate an authorized agent to act on your behalf, you must send a signed, written authorization to us via the Contact page on our site.

GLOBAL PRIVACY CONTROL AND OPT-OUT PREFERENCE SIGNALS

Some browsers or browser extensions also allow you to tell websites not to share your information for cross-contextual behavioral advertising through the “Global Privacy Control” or other opt out preference signals. We will respond to these signals in a frictionless manner. If you have enabled global privacy control or an opt out preference signal on your browser or extension, we will honor such requests that can be recognized by our site by disabling analytics and advertising cookies. Please not that we may not be readily able to associate an opt out preference signal with other personal information such as your email address. You will also only be opted out of online sales or sharing of personal information, and will need to turn it on for each browser you use. Refer to the “Exercising Your Rights” above if you would like to extend your opt out request beyond the online advertising practices described above. Please note that if you configure this setting on your browser, certain features on our site may not work and you will receive less targeted adverting. You will also need to turn the setting on for each browser that you use.

OTHER CONSUMER RIGHTS INFORMATION

Under California Civil Code Section 1789.3, we are required to provide California residents with the following information:
1. Unless otherwise expressly stated, this site is provided without charge.
2. To file a complaint regarding this site or to receive further information regarding the use of this website, please email us via the form on the Contact page. You may also contact the complaint assistance unit of the division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California, 95814 or by telephone at 916-445-1254 or 800-952-5210.

NEVADA PRIVACY RIGHTS

If you are a Nevada resident, you may request that we stop selling certain categories of personal information that we collect. We do not currently sell your personally identifiable information as those terms are defined under Nevada law. However, if you wish to submit a request to opt out of the sale of such information if we were able to engage in such a sale in the future, you may submit your request in writing using the form on our Contact page. For all requests, you must provide us with your name, email address, phone number, and mailing address so that we can verify your identity by matching the information we have collected against the information you have provided. Failure to provide all of the foregoing information may prevent us from processing your request.

EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM PRIVACY RIGHTS

This section applies to residents of the European Economic Area (EEA) or Switzerland.

CONTROLLER

The controller of your personal information is:
Beautiful Losers LLC

DISCLOSURE AND CROSS-BORDER TRANSFER

Personal information that is shared with affiliates and third parties as described in this privacy policy is done pursuant to contracts that include the requisite protections under applicable data protection laws. In accordance with these laws, transfers of personal information outside of the European Economic Area, Switzerland, and the United Kingdom are conducted in accordance with compliant arrangements such as data transfer agreements that contain standard contractual clauses adopted by the European Commission, information commissioner, and/or federal data protection and information commission that provide safeguards for such transfers or legally recognized certifications and adequacy decisions. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

LAWFUL BASIS FOR PROCESSING PERSONAL INFORMATION

The lawful basis for our collection and use of your personal information described in this privacy policy is that the processing is (I) necessary for our legitimate interests in carrying out our business, provided those interests are not outweighed by your rights and interests; (II) necessary to perform a contract with a third-party or with you; (III) necessary to comply with a legal obligation; or (IV) based, when necessary and appropriate, on your consent.

SPECIAL CATEGORIES OF DATA

Unless we specifically authorize you to do so, do not send us any special categories of data, which is defined under applicable data protection laws as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric characteristics, health, or sexual orientation.

SEGMENTATION AND AUTOMATED DECISION MAKING

We do not use segmentation or automated decision-making without human intervention, including profiling.

YOUR RIGHTS OVER YOUR PERSONAL INFORMATION

Subject to certain exceptions and limitations, you have the right to:
1. Ask us to confirm whether we are processing your personal information.
2. Ask us to provide you or a third party that you designate with certain personal information in a commonly used, machine readable format. Please note, however, that data portability rights apply only to personal information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.
3. Request that we update or correct your personal information when it is inaccurate or incomplete.
4. Request that we delete your personal information in certain circumstances.
5. Request that we limit processing or stop processing your personal information in certain circumstances including for marketing activities and profiling for marketing activities and profiling for statistical purposes and, subject to certain exceptions, where such processing is based on our legitimate business interests.
6. Withdraw or revoke consent previously granted to the extent permitted by law.

EXERCISING YOUR RIGHTS

To exercise any of your rights, please use our webform on our Contact page. We will respond to all such requests within 30 days of our receipt of the request, unless there are extenuating circumstances, in which event we may take up to 60 days to respond. We will inform you if we expect our response to take longer than 30 days. Please note, however, that certain personal information may be exempt from such rights pursuant to applicable data protection laws. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. You also have the right to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection laws occurs. For the EEA, a list of the national data protection authorities can be found at www.edpb.europa.eu/about-edpb/about-edpb/members_en. For the UK, you have the right to lodge a complaint with the Information Commissioner’s Office. The ICO’s complaint procedures may be found at www.ico.org.uk/make-a-complaint/.

CONTACT US

If you have any questions about this privacy policy or our data practices, please email us via the form on our Contact page.

UPDATES TO OUR PRIVACY POLICY

From time to time, we may change our privacy policy. We will notify you of any material changes to our privacy policy as required by law. We will also post an updated copy on the site where this appears. Please check our sites periodically for updates. The effective date at the top of this page indicates when this privacy policy was last revised. Any changes will become effective when we post the revised privacy policy on any of our sites.