This Privacy Policy explains how Tree3, Inc. and its subsidiaries and affiliates (collectively, “Tree3”, “we”, “us”, or “our”) collect, protect, use, and disclose your Personal Data (defined below).  This Privacy Policy applies to Personal Data collected or processed through Tree3-operated websites, portals, platforms or applications (collectively, the “Services”) that link to this Privacy Policy.

You may choose whether or not to provide or disclose Personal Data in connection with your use of the Services.  If you choose not to provide the Personal Data we request, you may still visit and use parts of the Services but may be unable to access or use certain features, options, programs, and services.  The Services may support third party websites, entities, organizations or institutions and potentially involve third party retailers, service providers or other ecommerce transactions (collectively, “Vendors”) and those Vendors are not owned or controlled by Tree3 and may have their own terms and conditions and privacy policies.  Further, the content of those Vendors, the services and advertisements they promote, any political affiliation they support or the content in general is not the responsibility or necessarily supported by Tree3.

This Privacy Policy goes hand-in-hand with Tree3’s Terms of Service. If you find a term not defined in this document, please check the Terms of Service for the defined term.

1. We are committed to respecting privacy and recognize the need for appropriate protection and management of any Personal Data that is shared with us as part of using the Services.  As used in this Privacy Policy, “Personal Data” means any information that may be used, either alone or in combination with other information, to personally identify an individual, or any information that is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.
2. Changes to this Privacy Policy.  We reserve the right, at our discretion, to change the terms of this Privacy Policy at any time. You can see when this Privacy Policy was last updated by reviewing the “Last Updated” legend at the bottom of the page.  We will ask for your consent to any material changes to the Privacy Policy if legally required.  UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SERVICES.
3. Personal Data Collected.

3.1. Personal Data You Provide to Us. Types of Personal Data. We collect the Personal Data set forth below to provide the Services to you, or because we are legally required to do so. If you do not provide the Personal Data we request, we may not be able to provide you with the Services. The Personal Data the Services collect includes but is not limited to:

• Name
• Address
• Phone number
• Email
• Credit card information (stored and tokenized with third party)
• Billing Information
• Product information such as sizes and other preferences

3.2. Personal Data You Provide to Third Parties.  Please note that we use or are involved with certain third-party service providers as part of the Services to enhance your experience or deliver certain functions of the Services.  For example, when purchasing a product via the Services, your Personal Data will be used to conduct those transactions (i.e., with retailers).  These third parties and retailers may also collect Personal Data about you in performing their services and/or functions on our platform.

3.3. Information Collected Automatically.  Certain information is collected automatically by means of various software tools.  We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Services.  Alone or in combination with other information, such automatically collected information may constitute Personal Data.  Some of our service providers (described in Section 5 below) may use cookies or other methods to gather information regarding your use of the Services.  Such third parties may use these cookies or other tracking methods for their own purposes by relating information about your use of the Services with any Personal Data about you that they may have.  The use of such information by a third party depends on the privacy policy and/or terms of use of that third party.

1. Log Files Created by The Services. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.
2. Cookies. We use cookies to make interactions with the Services easy and meaningful. When you use the Services, our servers may send a cookie to your computer.  Standing alone, cookies do not personally identify you; they merely recognize your web browser.  Unless you choose to identify yourself to us, either by responding to a promotional offer, opening an account, or filling out a web form, you remain anonymous to us.

We may use cookies that are session-based and persistent-based.  Session cookies exist only during one session.  They disappear from your computer when you close your browser software or turn off your computer.  Persistent cookies remain on your computer after you close your browser or turn off your computer.  Please note that if you disable your web browser’s ability to accept cookies you may not be able to successfully use all of the features of the Services.  The following sets out how we may use different categories of cookies and your options for managing cookie settings:

Required cookies.  Required cookies enable you to navigate the Services and use its features, such as accessing secure areas.  If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you.  Each time you use the Services, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser.  These cookies allow us to uniquely identify you when you are logged in and to process your online transactions and requests.  Because required cookies are essential to the Services, there is no option to opt out of these cookies.

Performance cookies.  These cookies collect information about how you use the Services, including which pages you go to most often and if they receive error messages from certain pages.  These cookies do not collect information that individually identifies you.  All information these cookies collect is aggregated and anonymous.  It is only used to improve how the Services functions and performs.

From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals use the Services.

Functionality cookies.  Functionality cookies allow us to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features.  These cookies also enable you to optimize your use of the Services after logging in.  These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.  We may use local shared objects, also known as flash cookies, to store your preferences or display content based upon what you view to personalize your visit.  To learn how to manage privacy and storage settings for flash cookies click here.

1. 1. 1. 1. Other Tracking Technologies. When you use the Services, we may collect your IP address for certain purposes, for example, to monitor the regions from which you navigate. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of the Services and interaction with emails from us.  Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon.  For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to the Service pages.  We may use web beacons to operate and improve the Services and email communications.
         2. Google Analytics. The Platform uses Google Analytics as part of the Services to help store owners and Tree3 analyze the traffic.  For more information on Google Analytics’ processing of Personal Data, please see http://www.google.com/policies/privacy/partners/.  By using a browser plugin http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.

4. The Purposes For Which We Use Personal Data. If you submit or we collect Personal Data through the Services, then such Personal Data may be used in the following ways: (i) to provide, analyze, administer, and improve the Services, (ii) to contact you in connection with the Services and certain platform, services, notifications, events, programs or offerings that you may have registered for, (iii) to send you updates and promotional materials that you have registered for, (iv) to identify and authenticate your access to the Services that you are authorized to access; (v) for recruiting and human resources administration purposes, and (vi) to protect our rights and/or our property and to ensure the technical functionality and security of the Services.
5. How We Disclose Personal Data. We do not sell, lease, rent or otherwise disclose the Personal Data collected from the Services to third parties unless otherwise stated below or with your consent.

5.1. Our Third-Party Providers and Partners.  We transfer Personal Data to our third-party service providers and partners to perform tasks on your behalf and to assist us in providing the Services.  We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Data. Notwithstanding the foregoing, we will comply with applicable laws regarding Personal Data transfers as well as any transfer restriction that is specified in an agreement between Tree3 and a customer.

5.2. In the Event of Merger, Sale, or Change of Control.  We may transfer or assign this Privacy Policy and any Personal Data to a third-party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control.

5.3. Other Disclosures.  We may disclose Personal Data about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Tree3, our users, our customers, or the public.

6. Retention of Personal Data. We reserve the right to retain any Personal Data as long as the Personal Data is needed to: (i) fulfill the purposes that are described in Section 4 (The Purposes For Which We Use Personal Data), (ii) comply with applicable law; or (iii) whether retention is advisable in light of our legal position.
7. Your Rights.

7.1 Personal Data. If you have an account that uses the Services, to the extent we are legally required, we provide access to—and the ability to edit or delete—certain categories of Personal Data through the account.

If you would like to access, amend, erase, export (i.e., data portability), or object to or restrict the processing of Personal Data collected via the Services, as permitted by local law, you may submit a request to [email protected] or write to us at:

Tree3, Inc. Attn: Chief Legal Officer 1825 Market Center Blvd, Suite 415 Dallas, Tx 75207

We will promptly review all such requests in accordance with applicable laws.  Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase you may not be able to change or delete Personal Data until after the completion of such purchase).

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you.  We encourage you to first reach out to us at [email protected] so we have an opportunity to address your concerns directly before you do so.

7.2. Opting-Out of Promotional Emails.  You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available.  Additionally, you may send a request specifying your communications preferences to [email protected].  Customers cannot opt out of receiving transactional emails related to their account with us or the Services.  Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

8. Data  The security of Personal Data is important to us.  We follow industry standards to protect the Personal Data submitted to us.  However, no method is 100% secure.  Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.
9. Children’s Privacy. The Services are not intended for children under the age of 13. Accordingly, we do not intend to collect Personal Data from anyone we know to be under 13 years of age and no one under 13 years of age should submit any Personal Data via the Services.
10. How We Respond to Do Not Track Signals. Tree3 does not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer’s online activities over time and across third-party websites or online services.
11. Your California Privacy Rights. If you are a California resident, we are required by California law to provide you with additional information about how we use and disclose your Personal Data, and you may have additional rights with regard to how we use your Personal Data. We have included this California-specific information below.

CA Personal Data. Consistent with the “Personal Data Collected” section above, we collect certain categories and specific pieces of information about individuals that are considered “Personal Information” in California (“CA Personal Data”).  Specifically, we may collect the following types of CA Personal Data:

• Identifiers: name, username, address, phone number, email, and IP address;
• Commercial information: credit card information, billing information, products or services purchased, obtained or considered, other purchasing or consuming histories or tendencies, payment information, transaction history; and
• Internet or other electronic network activity information: type of browser, ISP, date/time stamp, referring/exit pages, clicked pages and other information about how you use the Services.

Sources.  We collect certain categories of CA Personal Data from you, the devices you use to access the Services, and third-party service providers.

Purposes.  We collect the CA Personal Data for the business and commercial purposes described in the “The Purposes For Which We Use Personal Data” section above.  We do not share CA Personal Data in a manner that constitutes a “sale” under California law.

Sharing your CA Personal Data for business purposes: As described in the “How We Disclose Personal Data” section above, we may share the categories of CA Personal Data described above with third-party service providers, public or government authorities, and future business partners for our business purposes.  As described above, examples of business purposes include to provide, analyze, administer, and improve the Services, to protect our rights and/or our property and to ensure the technical functionality and security of the Services, and to detect, prevent, or otherwise address fraud or security issues.

California Consumer Rights.  Subject to certain exceptions, as a California resident, you have the right to: (i) request to know the CA Personal Data we maintain about you; (ii) request deletion of your CA Personal Data; and (iii) request information about the CA Personal Data about you that we have sold or disclosed to third parties within the past 12 months.

Please send an email to [email protected] if you have questions or would like to exercise your California Consumer Rights, or to request information regarding the disclosure of Personal Data about you by Tree3 to third parties for the third parties’ direct marketing purposes pursuant to California Civil Code Section 1798.83.

Should you wish to request the exercise of your other rights as detailed above with regard to your CA Personal Data, we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon this request.  We will verify your identity where required by applicable law, including but not limited to providing details regarding your interactions with us.  For authorized agents submitting requests on behalf of California consumers, we may request the authorized agent provide us with a copy of a valid power of attorney or evidence of the written authorization.

12. Contacting Us. Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to [email protected].

Last Updated 1.10.2020