Last Updated: 7-1-22
In this Policy, "personal information" means any information by which you can be identified or contacted, such as your name (first and last), mailing, billing or other physical address, email address, telephone number, billing information, third party payment information (i.e., PayPal), as well as any similar identifying information or information associated with the foregoing.
This Policy applies to information we collect on this Website; in email, text and other electronic messages between you and this Website; through mobile and desktop applications you download from this Website; and when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Policy. It does not apply to information collected by Phenix Baits offline or through any other means, including on any other website operated by Phenix Baits or any third party, nor does it apply to any third party application or content (including advertising) that may link to or be accessible from or on the Website or Services.
U.S. Governing Law
If you are located outside of the United States, you use the Website and Services at your own risk and initiative, and you are solely responsible for compliance with any applicable local, national and international laws. By using the Website and/or Services and/or providing us with any information, you: (a) consent to the transfer and processing of any information to and within the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and/or residence, and (c) understand that we will collect, transfer, store, process, manage and/or handle your information in accordance with this Policy and U.S. law. Consequently, to the fullest extent permitted by law, you hereby waive any claims relating to the processing of your information in accordance with this Policy that may arise under the laws and regulations of any other country or jurisdiction.
Children Under the Age of 13
The Website and Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, do not use or provide any information on the Website or Services, make any purchases through the Website, use any of the interactive or public comment features of the Website or Services, or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at 951-296-0912.
Information We Collect About You and How We Collect It
User-Provided Information: You may be required to provide personal information to access or use certain parts of the Website or Services including, without limitation, when you place an order or make a purchase, chat with a specialist, subscribe to a newsletter or email list, fill out a form or survey, participate in any of our programs, special events or promotions such as contests, sweepstakes or surveys, submit an employment application, contact us with a comment, testimonial, question or complaint, or report a problem with the Website or Services. If you do not provide the requested personal information, you may not be able to access or use certain features of the Website or Services.
Depending upon the nature of the transaction, the personal information collected may include your first and last name, billing, mailing, physical or shipping address, telephone number, email address, fax number, date of birth, age, gender, occupation, birthday, marital status, employment history, interests, purchase history, payment card information, or other demographic information.
Third Parties: We may also collect personal information about you from other third parties, such as demographic firms, to make our future products, services and marketing efforts more efficient and personalized for you. We may combine all information that you provide to us or that we collect over time with information obtained from other sources and may disclose this information within our corporate family of companies or our service providers.
Cookies Information: When you visit the Website, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Website. A cookie does not collect personal information about you. We use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website or Services may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, IP addresses or other device identifiers, browser information, Internet Service Provider ("ISP"), operating system, location, date/time stamp, clickstream data, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Website or Services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Website better for our users.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To provide the products, services, features, programs, content and information you request.
- To contact you regarding products, services, programs, promotions or special events we believe may be of interest to you.
- To operate, maintain, and provide to you the best possible features, products, services, content and functionality of the Website and Services, and overall customer experience.
- To analyze visits to the Website and learn about the interests, preferences, demographics and behaviors of our visitors in the aggregate (e.g., across the country) and also on a personal level, so we can improve our products, services and programs and deliver to you the type of content, features, products, services, programs and promotions that you are most interested in.
- To process registration requests when you register for our programs, services or promotions, or otherwise administer your participation in our programs, services or promotions.
- To respond to your questions, requests, comments or complaints, and determine your satisfaction with our products, programs and services.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to the Website or Services or to provide you with notices about your account, including expiration and renewal notices.
- To compare and review your personal information for errors, omissions and accuracy.
- To prevent, detect or investigate any fraudulent, abusive or illegal act.
- In any other way we may describe at or around the time you provide the information.
- For any other purpose with your consent.
We also use your personal information for our everyday business purposes such as security, processing orders, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance. Phenix Baits may develop special sites or administer promotions in cooperation with other companies. If you register at these "co-branded" sites or consent to receive email communications from our promotional partners, we may share your registration information (such as name and email address) with those companies.
User Content: Any personal information or content you voluntarily disclose for posting to the Website or Services (for instance, any content you post) (referred to herein as "User Content") becomes available to the public via the Website and our business partners. User Content includes, but is not limited to, testimonials, reviews, comments, photos and videos. If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
Phenix Baits may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes that include but are not limited to analyzing how the Website and Services are used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.
How We Share Your Information
Personally Identifiable Information: In certain circumstances, we may share your personal information with our trusted partners.
Third Party Service Providers: We may disclose potentially personally identifying and personally identifying information to our employees, contractors (including website operators), affiliated organizations, service providers, promotional partners and other third parties that provide support services to us such as webhosting, web analytics (including analysis of online activity over time and across websites), technical support, mailing, emailing, shipping, marketing and administrating our services, programs, events, operations and promotions, fulfilling your orders and requests, or processing any other information on our behalf to provide the products and services available at or through the Website and Services. We may store personal information in locations that are not under the direct control of Phenix Baits (for instance, on servers or databases co-located with hosting providers). These service providers only receive personal information if such information is needed to perform their function(s), and they are not authorized to use any personal information for any other purpose(s).
Special Events, Promotions and Partnerships with Third Parties: From time to time, we may join with third parties to provide specific products, services, programs, special events or promotions (such as surveys, contests or sweepstakes). If you choose to sign up for or participate in such services, programs, special events or promotions, Phenix Baits may share your personal information with third party partners. We will share only the information that is necessary for the third parties to provide these products, services or programs or to otherwise participate in or administer the applicable event or promotion.
Business Transfer: As we develop our business, we may buy or sell assets or business offerings. User, email, and visitor information is generally one of the transferred business assets in these types of transactions, and you authorize us to disclose your personal information in connection with any such transaction. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution and you authorize us to do so.
We fully cooperate with law enforcement agencies in identifying those who use the Website or Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal information for security purposes to any person or entity under any circumstances, including, without limitation, in connection with any government investigation or litigation, shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.
Non-Personally Identifiable Information: We may share non-personally identifiable information (including, without limitation, anonymous usage data, referring/exit pages and URLs, platform types, number of clicks) with interested third parties to help them understand the usage patterns for certain services.
Phenix Baits does not provide any personally identifiable information to these third party ad servers or ad networks without your consent. However, please note that if an advertiser asks Phenix Baits to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. You should consult the respective privacy policies of these third party ad servers or ad networks. This Policy does not apply to, and we cannot control the activities of, such advertisers.
How We Protect Your Information
Phenix Baits uses commercially reasonable ethical, physical, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards. For example, we use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. The security of your personal information is important to us, but please remember that no method of transmission over the Internet or method of electronic storage is ever 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot ensure or warrant the absolute security of any information you transmit to Phenix Baits or the Website or Services, and you do so at your own risk. When Phenix Baits receives a transmission of personally identifying information from you, Phenix Baits makes commercially reasonable efforts to ensure the security of such information on our systems. However, please note that this is not a guarantee that such information will not be accessed, disclosed, altered, or destroyed by breach of any of our ethical, physical, technical, or managerial safeguards. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, Phenix Baits will notify those persons whose personal information has been compromised as soon as practicable, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.
Links to Other Websites and Social Media
We are not responsible for the practices employed by websites linked to or from the Website nor the information or content contained therein, and we make no warranty, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that any such site or its content is free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that any such site or its content is devoid of viruses or other contamination. Phenix Baits may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by Phenix Baits of any of the linked sites. Please remember that when you use a link to go from the Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that are linked to the Website, is subject to that other website's own rules and policies. Please read over the other website's rules and policies before proceeding. We do not ensure the security of your personal information if you visit websites not belonging to Phenix Baits. We further reserve the right to terminate a link to a third party site at any time.
We sometimes use content on the Website or Services that we obtain from third party sites or social media platforms such as Facebook, Instagram, YouTube, Twitter, LinkedIn and Pinterest. The privacy protections provided on these third party sites and social media platforms are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to Phenix Baits or our Services on third party sites or social media platforms or sites that share information with the general public, user community, and/or other third party sites, it may be used or shared by us on the Website or our social media pages and accounts to promote our products and services. Consequently, you should review the privacy policies of these third party sites before using them and ensure that you understand how your content may be used.
It is our policy to 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 the Website, as determined by Phenix Baits in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.
Your Choices, Opting Out and Reviewing or Making Changes to Your Information
By providing your email address to Phenix Baits, you consent to our use of such email address to send you Website and service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages including, but not limited to, newsletters, payment information, credit card update notifications, account status, legal updates, changes to features of the Website or Services, product updates, special offers or promotions, or other account information.
If you do not want to receive such email messages, you may opt out by: (1) following the unsubscribe instructions in any of our promotional emails; or (2) sending a written request to the postal or email address set out below. Opting out may prevent you from receiving email messages regarding updates, improvements, promotions or offers. You may not opt out of service related emails, including information provided to or from Phenix Baits regarding a product purchase, warranty registration, product service experience or other transaction. Opting out does not affect our communications with you via telephone or email related to any orders with us or other ongoing transactions, nor does it affect our use of your non-personally identifiable information as described in this Policy.
To the extent you are receiving SMS Messaging from Phenix Baits you may opt out by replying to any message we send you with the word "STOP" or by contacting us at the phone number listed below. To the extent you receive notifications from any of our applications, you may opt out of receiving push notifications on your mobile device through your account and device settings.
NOTE: Please allow up to ten (10) business days for us to process your opt out request. We may continue to send you transactional or operational communications after your opt out request is processed.
You can ask to review, update or make changes to the personal information we maintain about you at any time by sending a written request to the postal or email address set out below. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements, or as otherwise described in this Policy. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
It is our policy to post any changes we make to this Policy on this page. The date the Policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting the Website and this Policy to check for any changes.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Website that are California residents to request and obtain from us a list of what personal information (if any) we have shared with third parties or corporate affiliates for those entities' direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 181 Suburban Road, San Luis Obispo, CA 93401. For all requests, you must put the statement "California Privacy Rights Notice" in the body of your request, as well as your name, street address, city, state, and zip code. You also need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not contain complete information.
California Do Not Track Disclosures
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to "Do Not Track" (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.
If you have any questions about this Policy, the practices of the Website or your dealings with the Website, or if you wish to update your preferences, you may contact us using one of the following methods:
Send mail to: Phenix Baits
43162 Black Deer Loop, Unit C
Temecula, CA 92590