IT'SUGAR HIGH CLUB TERMS

IT’SUGAR HIGH CLUB LOYALTY PROGRAM

PLEASE READ THESE TERMS OF USE (“Terms of Use”) CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE IT’SUGAR HIGH CLUB LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE IT’SUGAR HIGH CLUB PROGRAM.

These Terms of Use apply to your access to, and participation in, the IT’SUGAR HIGH CLUB Loyalty Program in the United States ("IT’SUGAR HIGH CLUB”), which is operated by IT’SUGAR or its respective subsidiaries, licensees, parent, and affiliated companies (collectively, "IT’SUGAR"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with IT’SUGAR for other products or services.

CHANGES TO TERMS

IT’SUGAR reserves the right to change or modify these Terms of Use or any policy, FAQ, offer, promotion, benefit, or guideline pertaining to IT’SUGAR HIGH CLUB, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.itsugar.com. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in IT’SUGAR HIGH CLUB following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in IT’SUGAR HIGH CLUB.

PERSONAL USE

IT’SUGAR HIGH CLUB is intended for personal use only. Commercial use is prohibited. IT’SUGAR HIGH CLUB is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in IT’SUGAR HIGH CLUB only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

IT’SUGAR Privacy Policy, set forth below, is incorporated into these Terms of Use and governs your participation in IT’SUGAR HIGH CLUB. Please read the Privacy Policy carefully to understand how IT’SUGAR collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT IT’SUGAR HIGH CLUB

IT’SUGAR HIGH CLUB is one way in which IT’SUGAR endeavors to reward and thank loyal customers for purchasing IT’SUGAR products. IT’SUGAR HIGH CLUB members can earn and accumulate "Points" that can be redeemed for IT’SUGAR Rewards benefits ("Rewards") at participating IT’SUGAR stores.

JOINING IT’S SUGAR HIGH CLUB

To join IT’SUGAR HIGH CLUB, go to www.itsugar.com/pages/loyalty or scan the QR code in store to follow the prompts to create an account. You will be required to provide the following information:

First and last name, email address, phone number, and home state.
Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.
When you join IT’SUGAR HIGH CLUB, you will automatically be enrolled into the Loyalty Program and will start earning points with in-store purchases.

EARNING AND REDEEMING POINTS

The Rewards that are available to you through IT’SUGAR HIGH CLUB are based on the number of Points that you earn. You can earn Points by making purchases at participating IT’SUGAR stores in the following ways:

You will earn one (1) Point for every one dollar ($1) spent when you pay in-person at a participating store.
For each one hundred (100) Points earned, you can redeem those one hundred (100) Points in-person at a participating store. When you redeem one hundred (100) Points, you will receive one bulk candy take out box, which you must use the same day. For the complimentary redemption, you may fill the bulk candy take-out box one (1) time, and you may check out without charge for the candy items contained in the bulk candy take out box.
If you provide your birthday at sign up, you will be gifted one hundred (100) Points on the first day of your birthday month, that can be redeemed for one bulk candy take out box, which you must use during your birthday month.
IT’SUGAR and its business partners reserve the right to review and investigate all offer activities, and to suspend accounts or remove points and any other promotional benefits for suspected abuse, violation of terms, or fraud.

EXCLUSIONS TO EARNING POINTS

You may not earn Points in connection with certain types of promotional programs. Taxes, tips, donations, and fees, including without limitation, gift cards, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Points accrual.

RETURNS

For information about how IT’SUGAR handles returns, please read our Return Policy. Your Points balance may be impacted by returns as follows:

If you return products purchased with a credit card, debit card, mobile wallet, or cash (note: an original receipt or gift receipt is required), IT’SUGAR may deduct the Points earned in connection with your purchase, potentially resulting in a negative Points balance.
If a purchase is voided, IT’SUGAR will deduct the Points that you earned for that purchase, potentially resulting in a negative Points balance on your account.

POINTS EXPIRATION

Unless otherwise noted, Points are automatically added to your account within one (1) business day of your eligible purchase and expire twelve (12) months after the calendar month in which such Point were earned. For example, if you earn Points on July 15, 2024, they will expire on August 1, 2025. The oldest accrued Points will be used first for redemptions. You can view and track your Points balance and available rewards, as well as any additional benefits for which you are eligible as an IT’SUGAR HIGH CLUB member on www.itsugar.com.

Addition Benefits of IT’SUGAR HIGH CLUB

Birthday Rewards.
Early notice of promotional or sale activities.
Personalize coupons for Reward members.
Other benefits.

IT’SUGAR HIGH CLUB CANCELLATION

You may cancel your participation in the IT’SUGAR HIGH CLUB at any time. To cancel your participation, please contact IT’S SUGAR at customerservice@itsugar.com. Upon cancellation of your participation, any Points earned will become void.

DORMANT OR INACTIVE ACCOUNTS

All IT’SUGAR HIGH CLUB accounts that have no activity for eighteen (18) consecutive months will be closed and all point balances will be forfeited upon account closure.

OTHER IMPORTANT INFORMATION

There are no participation or membership fees associated with IT’SUGAR HIGH CLUB. Points accrued in connection with IT’SUGAR HIGH CLUB are promotional, have no cash value, and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with IT’SUGAR HIGH CLUB cannot be combined with any other offers or discounts.

Your Points, Rewards, and IT’SUGAR HIGH CLUB account are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one (1) IT’SUGAR HIGH CLUB account that is personal to you.

Without notice to you, IT’SUGAR reserves the right to suspend any IT’SUGAR HIGH CLUB registered to your account and/or terminate your account and/or your participation in IT’SUGAR HIGH CLUB if IT’SUGAR determines, in its sole discretion, that you have violated these Terms of Use or that the use of your IT’SUGAR HIGH CLUB account is unauthorized, deceptive, fraudulent or otherwise unlawful. IT’SUGAR may, in its sole discretion, suspend, cancel, or combine IT’SUGAR HIGH CLUB accounts that appear to be duplicative. In the event that your participation in IT’SUGAR HIGH CLUB is terminated, all accrued Points in your account are void.

Without notice to you, IT’SUGAR also reserves the right to "unregister" and make ineligible for IT’SUGAR HIGH CLUB or account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period. In the event that your IT’SUGAR Card or account is unregistered or rendered inactive, all accrued Points in your account are void.

IT'SUGAR reserves the right to change, modify, discontinue, or cancel IT’SUGAR HIGH CLUB or any part of the IT’SUGAR HIGH CLUB program, at any time and in its sole discretion, without notice to you.

CALIFORNIA PRIVACY RIGHTS

If you are a resident of California, please be advised that California law requires us to disclose our privacy practices. Please see our Privacy Policy set forth below.

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent allowable by applicable law.

BINDING ARBTIRATION. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in IT’SUGAR HIGH CLUB, or your relationship with IT’SUGAR or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms of Use (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms of Use. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms of Use; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. These Terms of Use and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.

MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to our Customer Service department using the following email: customerservice@itsugar.com. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a IT’SUGAR representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Mandatory Process.

ARBITRATION PROCEDURES. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.

An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing on any matter from the arbitrator. You and a IT’SUGAR representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms of Use as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change:

IT’SUGAR
201 East Las Olas Boulevard, Suite 1900
Attention: Legal Department

Fort Lauderdale, FL 33301

Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and IT’SUGAR in accordance with this version of the arbitration agreement.

Class Action Waiver and Jury Trial Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. To the fullest extent allowable by applicable law, you and we waive the right to a jury trial.

GOVERNING LAW AND JURIDICTION

These Terms of Use or your access to or participation in IT’SUGAR HIGH CLUB are governed by the laws of the State of Florida, United States of America, without regard to Florida’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Broward County, Florida, United States of America, for purposes of any legal action arising out of or related to access to or participation in IT’SUGAR Rewards or these Terms of Use, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

SEVERABILITY AND SURVIVAL

Except as otherwise provided herein, if any provision or part of a provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision or part of the provision shall be deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

IT’SUGAR PRIVACY POLICY

Introduction and Overview

This Privacy Policy describes how we collect, use, and share information about you as well as your rights and choices about such use and sharing, and applies when you use any online service location that posts a link to this Privacy Policy and all features, content, and other services that we own, control, and make available through such online service location (collectively, the “Service”). This Privacy Policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection). By using the Service, you agree to our Terms of Use and to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Service.

If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below.

Information Collection

We collect several types of information from and about users of our Service, such as when you register on the site, update your account, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, subscribe to e-mails, or participate in another site feature.

The information we collect includes information that identifies, relates to, or could reasonably be linked to you personally. This information may include: your first and last name, e-mail address, mailing address, phone number, credit card information, or similar contact information. We may also collect password information, location data, purchase history, and browsing history.

We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. Although we do not retain your credit card information after we process your payment, other third-parties who we may use (such as Shopify), may receive and retain your credit card number and expiration date.

In the preceding 12 months, we have collected the following categories of personal information: identifiers, commercial information, characteristics of protected classifications under California or U.S. law, geolocation data, Internet or other electronic activity information, and inferences drawn about any of the preceding categories of information. We also collect the following categories of personal information from job applicants: professional or employment related information and education information.

In the preceding 12 months, depending on your interactions with us, we may have disclosed the following categories of personal information for business or commercial purposes: identifiers, financial information, characteristics of protected classifications under California or U.S. law, geolocation data, Internet or other electronic activity information, and inferences drawn about any of the preceding categories of information.

We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.

You may, however, visit our site anonymously.

We automatically collect information about your device and how your device interacts with our Service. Some examples of information we collect include the following:

We collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information. This data also includes IP address, MAC address, device advertising Id (e.g., IDFA or AAID), and other device identifiers.

We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).

We and our third-party service providers use various current – and later – developed technologies to collect this information (“Tracking Technologies”), including the following:

Log Files, which is a file that records events that occur in connection with your use of the Service, such as your service use data.

We use cookies, which are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.

Pixels (also known as a web beacon) is code embedded in a website, video, e-mail, or advertisements that send information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, e-mail, or advertisement that contains a pixel, the pixel may permit us or a third-party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from third parties that allow us to track our conversions, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.

Device Fingerprinting, which is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your browser and device.

Location-Identifying Technologies, which are technologies used to collect your location. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.

Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Service and certain Third-Party Services.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you will not have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

Information from Other Sources

We may also obtain information about you from other sources. For example, we may collect information about you from third parties, such as mailing list providers, data enhancement sources and publicly available sources, including information you submit in a public forum (e.g., a blog, chat room, or social media). If you apply for a job with us, we will receive your application information from our job applicant processing partners. Additionally, if you create or log into your account through a social media site, we may have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.

How We Use Your Information

We may use information we collect from you in the following ways:

To fulfill orders and quickly process your transactions, respond to comments, questions, and requests, and provide customer service. To manage your account and personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested. To administer a contest, promotion, survey, or other site feature and manage our promotions or loyalty program pursuant to the IT’SUGAR HIGH CLUB Terms of Use and other agreements, including for billing and collection purposes.

To send you updates, security alerts, information regarding changes to our policies, products, or services and support and administrative messages and 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 respond to and evaluate your inquiries related to employment opportunities or other requests.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

The information collected may be used to analyze usage, trends, and activities, including improving marketing efforts and products and services as well as developing and sending you direct marketing, including newsletters, surveys, offers, Loyalty Program materials, promotions and communications about our and third-party products, offers, promotions, rewards, events, and services, in addition to verifying your eligibility and delivering prizes in connection with promotions you have entered.

The information collected may also be shared with financial services providers, including collection agencies, credit bureaus, our banking partner (TD Bank U.S. N.A.) and payment card association members. We may also share your personal information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, defaults, or debt collection.

The information collected may be used to fulfill any other purpose disclosed to you with your consent.

Additionally, if you use our Services to connect with a third-party service, you authorize us to use information from and about you, on your behalf, to interact with these third-party services based upon your requests.

If you have opted to receive our e-mail newsletter, we may send you periodic e-mails. If you have not opted to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

Your information may be shared in the following ways:

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include ITSUGAR.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. We may also share your information to protect the rights, property, life, health, security and safety of us, the Service or any third-party. This includes but is not limited to exchanging information with other organizations for the purposes of fraud protection and credit risk reduction.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Our promotions or contests may be jointly sponsored or offered by third parties. If you voluntarily choose to enter a promotion or contest, we may share your information with third parties as set forth in the official rules that govern the promotion or contest as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion or contest, you agree to the official rules that govern that promotion or contest, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

We may sell or purchase assets during the normal course of our business. If another entity acquires IT’SUGAR and/or of any of our affiliates, personal information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Please note that the entity receiving such information in connection with one of these transactions may not comply with all of the terms of this Privacy Policy.

We may share your information for any other purpose disclosed to you and with your consent.

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law.

CALIFORNIA PRIVACY RIGHTS

Consumers residing in California have certain additional rights with respect to their personal information under the California Consumer Privacy Act or ("CCPA") (California Civil Code Section 1798.100 et seq.) and the "Shine the Light" Law (California Civil Code Section 1798.83).

California law requires that we provide transparency about personal information we "sell," which for the purposes of the CCPA, means scenarios in which IT’SUGAR has shared personal information with partners in exchange for valuable consideration. We do not sell your personal information.

Third-Party Links

Certain areas of the Service such as posts or information you transmit to other users of the Service or third parties, are designed to help you share information with the world. If you make information public through our Service, other people will have access to it. You are solely responsible for any information you make public. Additionally, we cannot control the actions of other users of our Service with whom you may choose to share your information with. Therefore, we cannot and do not guarantee that your information will not be viewed by unauthorized persons. Once you have posted information, you may not be able to edit or delete such information; however, California residents have additional rights as set forth in “California Privacy Rights” below.

In an attempt to provide you with increased value, we may include third-party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. We encourage you to familiarize yourself with their privacy policies and terms of use. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

Right to Opt-Out

California consumers have the right to opt out of the sale of their personal information. You may submit a request to opt-out, at any time, by modifying your preferences in the “My Account” section. You may also submit an opt-out request to: customerservice@itsugar.com.

California consumers above the age of 16 have the right to opt out of these sales at any time. We do not knowingly collect online or sell personal information about consumers under the age of 16.

Requests to Know

California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. They may also request the categories of personal information we have collected about them, the categories of sources of such collection, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share and sell their personal information, and the categories of personal information we have disclosed and sold about them in the preceding 12 months.

How to request CCPA Consumer Rights: California consumers may make a rights request by emailing the following email address: customerservice@itsugar.com.

To confirm your identity and ensure we respect your privacy and security, we will prompt you to verify your request by logging into your account (if applicable), replying to an email, or calling us. Please follow the instructions provided when you submit your rights request. Caution, if you choose to have your personal information deleted, we can no longer provide you with certain Services, such as deleting any rewards points balance you may have accrued), auto ship enrollment, or remember your preferences for certain services, because we will no longer know who you are. Notwithstanding a deletion request, we may retain personal information that is necessary for us to fulfill our legal obligations or that is not otherwise subject to deletion under applicable law.

Requests to Delete

California consumers have the right to request deletion of their personal information (subject to certain exceptions). If you have an account, to delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information.

You may also submit a request to delete by emailing the following email address: customerservice@itsugar.com.

Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Requests to Correct (Right to Correct)

You may ask us to correct inaccurate information that they have about you. If you have an account and wish to submit a request to correct, sign into the "My Account" section of our site. If you do not have an account, you may submit your request by emailing the following email address: customerservice@itsugar.com.

Requests to Limit Use of Personal Information (Right to Limit)

You may direct us to only use your sensitive personal information for limited purposes, such as providing you with the services you requested.

Right to Non-Discrimination

California consumers have the right to receive equal service and price and not be discriminated against for exercising any of their CCPA rights, however, financial incentive programs may condition participation in collection of personal information. However, if you refuse to provide your personal information or ask to delete or stop selling your personal information, and that personal information or sale is necessary for the business to provide you with goods or services, the business may not be able to complete that transaction.

You may access, update, or remove certain account information that you have voluntarily submitted to us through the Service by sending an e-mail to the e-mail address set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. If you would like to delete your information, you will need to delete your user account. When we delete information, it will be deleted from the active database but may remain in our archives. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, fraud prevention, and enforce our agreements. California residents have additional rights as set forth in the sections entitled “California Privacy Rights” above.

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please use the “Contact Us” information below.

Rights and Choices

Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit allaboutdnt.com.

Please be aware that if you disable or remove Tracking Technologies some parts of the Service may not function correctly.

You can opt-out of your data being used by Google Analytics through cookies by visiting tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.

Some of the third parties that collect information from or about you on the Service in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit (i) for website opt-out, optout.aboutads.info; and (ii) for mobile app opt-out, http://www.aboutads.info/appchoices. In addition, some of these third parties may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, please visit networkadvertising.org. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

You may also limit our use of information collected from or about your mobile device for purposes of serving online behavioral advertising to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).

Communications

You can opt-out of receiving promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link or e-mailing us at the e-mail address set forth in the section entitled “Contact Us.” Please note that you cannot opt-out of non-promotional e-mails, such as those about your account, transactions, or servicing.

You can opt out of receiving messages at any time by texting STOP to any message anytime. For help, please email us at customerservice@itsugar.com.

Please note that your opt-out is limited to the e-mail address, device, and phone number used and will not affect subsequent subscriptions.

Data Security

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.

For our customers residing in Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia

Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia laws require that we provide certain disclosures, including a description of legal rights, to those who reside in those states. If you are a resident of Colorado, Connecticut, Montana, Oregon, Texas, Utah or Virginia, this section applies in addition to all other applicable rights and information contained in this Policy.

As a resident of Colorado, Connecticut, Montana, Oregon, Texas, Utah or Virginia, you have the right to request:

To know whether we are processing your personal information, access to that information and to receive a copy of your personal information.
That we correct your personal information that is inaccurate.
That we delete your personal information.
To opt out of the processing of your personal information for the purposes of providing you with targeted advertising.

For our customers residing in Oregon, you also have the right to request that we provide you with a list of the third parties we share personal information with.

International Users

We are based in the United States and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information, therefore, constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information in the U.S. and other jurisdictions as set forth in this Privacy Policy.

Changes to this Privacy Policy

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you with additional notice to your e-mail address.

Contact Us

If you have any questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us.

Email: customerservice@itsugar.com.