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Privacy Policy

Last Updated: May 14, 2024.

This Privacy Policy explains what information may be collected when you access this website, our agency or business specific websites, or any other website where we place this Privacy Policy or link to this Privacy Policy ("Website") when you use any of our mobile, text, or other applications ("Applications"), or when you provide us with information in our stores, over the telephone, via mail or email, though promotions, by requesting our email newsletters, or via other communication channels ("Communications"). Depending on your activities when using or accessing our Website, Applications, or Communications (collectively, "Services"), you may from time-to-time be required to agree to additional terms and conditions. Please note that this Privacy Policy applies regardless of whether you use our Services via a computer, mobile device, or any other platform (collectively, your "Equipment").

U.S. State Law Privacy Rights

Some U.S. states have adopted privacy laws that require specific disclosures. The following explains your rights pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, the “Act”). Some or all of the rights provided for under the Act are also provided for under the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act and the Virginia Consumer Data Protection Act. Collectively, these privacy laws are referred to as “U.S. State Privacy Laws.”

Consumers

Scope

This Privacy Policy explains how Company collects, uses and discloses Personal Information that we collect and the rights you may have as a resident of a particular state, including California, Colorado, Utah and Virginia, including but not limited to users who visit our websites or consumers who receive services directly from Company. This Privacy Policy does not apply to Job Applicants or HR Individuals, as that term is defined in the Act. Information for those groups can be found at the end of this policy.

For purposes of this Privacy Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, unless otherwise defined under U.S. State Privacy Laws.

Collection, Disclosure, and Sharing of Personal Information

The following details which categories of Personal Information we collect and process, which categories of third parties may have access to your Personal Information for operational business purposes, as well as which categories of Personal Information we “share” for purposes of cross-context behavioral advertising, including within the 12 months preceding the date this Privacy Policy was last updated.

Sources of Personal Information

We collect this Personal Information actively (e.g., direct input from individual) or passively (e.g., website cookies) from you. Additionally, we may also collect Personal Information from third-party sources, such as our affiliates, business partners, and service providers, listed below where applicable.

No Sales of Personal Information

Company does not sell your Personal Information for cross-context behavioral advertising or any other purposes.

Purposes for the Collection, Use and Sharing of Personal Information

Company uses your Personal Information for the following Business Purposes and objectives:

Categories of Personal Information* Disclosed to Which Categories of Third Parties for Operational Business Purposes (see below for a more detailed description of these categories) Shared with Which Categories of Third Parties for Cross-Context Behavioral Advertising
Identifiers, such as name, contact information, unique personal identifiers, email address, IP address, online identifiers, government-issued identifiers. Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, with your consent. Ad networks.
Personal information as defined in the California customer records law, such as name, contact information, financial, education, employment information. Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. None.
Characteristics of protected classifications U.S. State Privacy Law, such as race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, gender expression, gender identify, age, sexual orientation, military or veteran status. Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. None.
Commercial Information, such as transaction information and purchase history, including purchases considered, consuming histories or tendencies.** Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. Ad Networks.
Biometric Information, such as fingerprints, voiceprints and faceprints. Not Applicable. Not Applicable.
Internet or network activity information, such as IP address, mobile device ids, MAC address, browsing history, search history.** Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. Ad networks.
Geolocation Data, such as precise location/tracking data and coarse location/tracking data. Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. None.
Audio/Video Data, such as photographs. Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. None.
Non-Public Education Information (as defined in 20 U.S.C. 1223g; 34 C.F.R. Part 99), such as school/institute name and year, degrees, qualifications, certifications. Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. None.
Employment Information. Professional or employment-related information, such as professional or employment related information such as work history and prior employer, background checks, performance rating or feedback, employer, occupation title/job role. Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. None.
Sensitive Personal Information, such as social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; citizenship, immigration status, union membership.
(Note: Generally, this information is only collected and retained in order to verify that you are legally authorized to purchase certain products).
Service Providers/Subcontractors, Related Entities, Law enforcement/Legal authorities, Third Parties in the event of a Corporate Transaction, With Your Consent. None.

*All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

**Please note that we may use cookies. Cookies enable us to enhance the user experience of the Services by providing features, including Services customization and storage of items in your cart between visits.

Detailed Description of Categories of Third Parties

Third Parties that Company may disclose your Personal Information to are as follows:

  1. Service Providers/Subcontractors

    Company may share your Personal Information with our subcontractors for certain business purposes. This information is provided in order for them to provide Company with services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support, customer product and service fulfillment, and other services such as for the purpose of auditing and fraud investigations.

  2. Related Entities

    Company may share Personal Information between and among Company, its subsidiaries, and affiliated companies for purposes of management and analysis, and other business purposes. For instances, Company may share your Personal Information with our subsidiaries and affiliated companies to expand and promote our product and service offerings.

  3. Law Enforcement/Legal Authorities

    Company may be required to disclose your Personal Information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, respond to legal process, or a request for cooperation by a government entity, as required by law.

  4. Corporate Transactions

    In the event of sale, transfer, merger, reorganization, or similar event, Company may transfer your Personal Information to one or more third parties as part of that transaction with the business entities or people involved in the deal negotiation or transfer.

  5. With Your Consent

    Company may share Personal Information about you with other third-party companies if you give us permission or direct us to share the information. Company will share Personal Information with authorized agents with whom you authorize Company to communicate.

    We do not sell and have not sold Personal Information, including your Sensitive Personal Information. Without limiting the foregoing, we do not sell the Personal Information, including the Sensitive Personal Information, of minors under 16 years of age. We do not knowingly “share” the Personal Information, including the Sensitive Personal Information, of minors under 16 years of age.

Sources of Personal Information

We collect this Personal Information actively (e.g., direct input from individual) or passively (e.g., website cookies) from you. Additionally, we may also collect Personal Information from third-party sources, such as our affiliates, business partners, and service providers.

Purposes for the Collection, Use and Sharing of Personal Information

Company uses your Personal Information for the following Business Purposes and objectives:

  1. Business Purposes for processing Personal Information pertaining to consumers. Personal Information pertaining to consumers with whom Company has a business relationship may be processed as needed:

    1. To provide the information, product, or service requested by the individual, and as would be reasonably expected by the individual given the context in which the Personal Information was collected, and the information provided in the applicable Privacy Policy given to the individual (such as for personalization, remembering preferences, or respecting individual rights);
    2. For due diligence, including verifying the identity of the individual, as well as the eligibility of the individual to receive information, products, or services (such as verifying age, employment, or account status);
    3. To send transactional communications (such as requests for information, responses to requests for information, orders, confirmations, training materials, and service updates);
    4. To manage the individual's account, such as for customer service, finance, and dispute resolution purposes;
    5. For risk management and mitigation, including for audit and insurance functions, and as needed to license and protect intellectual property and other assets;
    6. For security management, including monitoring individuals with access to the website; applications, systems, or facilities, investigation of threats, and as needed for any data security breach notification; and
    7. To anonymize or de-identify the Personal Information. Where we maintain or use de-identified information, we will continue to maintain and use such information only in a de-identified fashion and will not attempt to re-identify such information.
  2. Business-necessary processing activities. Company may process Personal Information as needed (i) to protect the privacy and security of the Personal Information it maintains, such as in connection with advanced security initiatives and threat detection; (ii) for treasury operations and money movement activities; (iii) for compliance functions, including screening individuals against sanction lists in connection with anti-money laundering programs; (iv) for business structuring activities, including mergers, acquisitions, and divestitures; and (v) for business activities, management reporting, and analysis.
  3. Development and improvement of products and/or services. Company may process Personal Information to develop and improve its products and/or services, and for research, development, analytics, and business intelligence.
  4. Relationship management and marketing. Company may process Personal Information for relationship management and marketing. This purpose includes sending marketing and promotional communications to individuals who have not objected to receiving such messages, such as product and service marketing communications, investor communications, customer communications (e.g., sale notifications, product updates, and invitations to Company events), customer satisfaction surveys, supplier communications, corporate communications, and Company news.
  5. Operational purposes. Additionally, Company uses your Personal Information for purposes such as: (i) disaster recovery and business continuity; (ii) internal audits or investigations; (iii) implementation or verification of business controls; (iv) statistical, historical, or scientific research; (v) dispute resolution; (vi) legal or business counseling; (vii) compliance with laws and company policies; and/or (viii) insurance purposes.

Purposes for the Collection and Use of Sensitive Personal Information

Subject to your consent where required by applicable law, we may use Sensitive Personal Information for purposes of performing services for our business, providing goods or services as requested by you, ensuring security and integrity, short term transient use such as displaying first party, non-personalized advertising, servicing accounts, providing customer service, verifying customer information, processing payments, and activities relating to quality or product improvement.

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

  1. The length of time we have an ongoing relationship with you and provide products or services to you (for example, for as long as you have an account with us or keep purchasing our product or services) and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;
  2. Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  3. Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Age of Consent

We take special care to protect the privacy needs of children under the age of 13 and we encourage parents to be an active participant in their child's online activities. Company abides by the Children's Online Privacy Protection Act (COPPA) and other relevant laws. The Website does not target and is not intended for children under the age of 13, and we will not knowingly collect Personal Information directly from them. If we discover that a child has provided personal data directly through the Website, we will delete that data. The Website is only intended for persons 18 years of age or older. If you are under the age of 18, you must ask a parent or legal guardian for permission prior to submitting any information to this Website.

If you have knowledge that a child 13 years of age or younger has submitted Personal Information to us, please contact us and we will delete the Personal Information collected belonging to that child. You may contact us by email at the address below. Parents and guardians can also email us at the address below, but before any information is disclosed, the parent or guardian will be required to provide verification of his/her identity and authority related to any request. We will only send the information to the verified parent or guardian's email address.

Text Messaging

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Terms of Sale and our Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

  1. Cancellation

    Text the keyword STOP or QUIT to our shortcode to cancel. After texting STOP or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP or QUIT keyword commands and agree that the Company and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs.

  2. Help

    Text the keyword HELP to our shortcode to receive customer care contact information.

  3. Customer Care

    If you are experiencing any problems, please visit Customer Support.

  4. Contact

    This message program is located at 1340 Russell Cave Road, Lexington, Kentucky 40505. If you have questions or need additional information, you may contact the Company by calling 844-GO-GALLS (844-464-2557), or, if you are a US Patriot customer, 844-USP-GEAR (844-877-4327).

U.S. State Privacy Law Rights

If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you may make the following requests, subject to applicable law:

  1. Right to Access and Know -- You may request that we disclose to you the following information covering the 12 months preceding your request:

    1. The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
    2. The specific pieces of Personal Informationwe collected about you;
    3. The business or commercial purpose for collecting or sharing Personal Information about you;
    4. The categories of Personal Information about you that we shared (as defined under the applicable privacy law) and the categories of third parties with whom we shared such Personal Information; and
    5. The categories of Personal Information about you that we otherwise disclosed, and the categories of third parties to whom we disclosed such Personal Information (if applicable).
    6. Please note that the Act's right to obtain “specific pieces” does not grant a right to the whole of any document that contains personal information but only to items of personal information. Moreover, you have a right to know categories of sources of personal information and categories of third parties to which personal information is disclosed but not the individual sources or third parties. Company does not always track individualized sources or recipients.
  2. Right to Request Correction of Your Personal Information -- You may request to correct inaccuracies in your Personal Information;
  3. Right to Request Deletion of Your Personal Information -- You may request to have your Personal Information deleted; and
  4. Right to Opt-out of Sharing for Cross-Context Behavioral Advertising -- You may request to opt out of the “sharing” of your Personal Information for purposes of cross-context behavioral advertising.
  5. Right to Data Portability -- You have the right to request a copy of your data in a machine-readable format.

We will not unlawfully discriminate against you for exercising your rights under the Act.

How to Submit a U.S. State Privacy Law Rights Request

Company will respond to requests to know, delete, and correct in accordance with applicable law if it can verify the identity of the individual submitting the request. You can exercise these rights in the following ways:

To request to opt out of any future sharing of your Personal Information for purposes of cross-context behavioral advertising, you may contact us as at [email protected] if you: (a) want to opt-out from receiving future commercial correspondence, including emails, from us or our Affiliated Companies; or (b) wish to withdraw your consent to sharing your personally identifiable information with third parties. You may also call us at 866.673.7643 or write to us at 1340 Russell Cave Road, Lexington, KY 40505. You can also click on "My Account" on our homepage to view or update your personal information.

When contacting us, please include your name, address, city, state, zip code, and phone number to ensure we can process the request. We will process your request promptly, but please note that you may receive additional contacts before your name removal or change takes effect. We also may not be able to fulfill some requests while allowing you access to certain benefits and features of our Services. We apologize for any inconvenience this may cause.

How Company Will Verify a U.S. State Privacy Law Rights Request

Company will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. Company may need to request additional Personal Information from you, such as your name and email address, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a request to delete, we may ask you to confirm your request before we delete your Personal Information.

Authorized Agents Submitting a Request on Behalf of a Consumer

You may choose to designate an authorized agent to make a request under the Act on your behalf. No information will be disclosed until the authorized agent’s authority has been reviewed and verified. Agents may be asked to provide proof of their status as an authorized agent. Once a request has been submitted by an authorized agent, we may require additional information from you to verify your identity as described in the section entitled “How to Submit a California Rights Request” or confirm that you provided the agent permission to submit the request.

Changes to This Consumer Privacy Policy

If we change this Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date above.

For More Information

For questions or concerns about Company’s Consumer Privacy Policy and practices, please contact us at [email protected].

JOB APPLICANTS

Our Applicant Notice and Privacy Policy can be found on our Career Site at USP Privacy Policy.

HR INDIVIDUALS

To view or obtain a copy of our Notice at Collection and Privacy Policy for HR Individuals (defined in the Act as employees; non-employee individuals who perform work for the company, including but not limited to independent contractors; and the dependents, emergency contacts and beneficiaries of both employees and non-employee individuals who perform work for the company), please visit the HR Department page of the Company’s intranet site or contact [email protected] for assistance.