SPLASHE PRIVACY POLICY

Effective DateMay 31, 2020

This “Privacy Policy” applies to properties owned and operated by Pharmapacks, LLC (“Pharmapacks,” “we,” “us,” or “our”).  This Privacy Policy describes how Pharmapacks collects and uses personal information in connection with our website www.splashe.com, any other website that we own or control which posts or links to this Privacy Policy (collectively, the “Site”), and the products and services we offer (together with the Site, the “Service”). This Privacy Policy also explains the rights and choices available to individuals with respect to their information. 

We provide important information for our California residents here and for our European users here

Personal Information We Collect

Sources. We collect personal information from the following sources:

  • Directly from individuals, such as website visitors
  • Other users, such as through purchase of a gift certificate
  • Third-party platforms through which you may purchase our products, such as Amazon
  • Third-party platforms and social media networks, such as Facebook, if you choose to login to the Services via such third-party platform or social media network
  • Business partners
  • Data providers

We collect the following types of personal information: 

  • Contact information, such as name, address, email address, and phone number.
  • Account data, such as your username and password that you may set to establish an online account with us.
  • Government-issued ID, including information associated with a state or federally issued ID, where required or permitted by law or the product supplier to monitor the sale (and amount) of Ephederine, Pseudoephederine and Phenylpropanolamine to an individual customer in a specific time frame. 
  • Medical information, such as conditions and/or allergies of a specific customer where required or permitted by law or the product supplier to ensure a proper drug therapy utilization review.
  • Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
  • Transaction details and history, details of products or services you have purchased from us, such as shipping address and details of your subscriptions.
  • Correspondence, such as information you provide when you contact us with questions or otherwise correspond with us online.
  • Feedback that you leave on our Site, including comments on our blog and product reviews, which may include photographs. 
  • Publicly-available information, including information that you publish on blogs and community forums, comments that you leave on our pages on social media platforms, and comments and reviews that you provide on third-party sites such as Amazon.  When you visit or interact with our pages on social media or other third-party platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information.  

Information collected automatically.  We, our service providers, and our advertising partners may use cookies, beacons, and web pixels to automatically log information about you, your computer or mobile device, and activity occurring on or through the Site.  The information that may be collected automatically includes:

  • Device data, such as information about your computer or mobile device operating system type and version number, manufacturer and model, device identifier, browser type, screen resolution, IP address, and general location information such as city, state or geographic area.
  • Online activity data, such as information about your use of and actions on the Site, including the pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to our Site, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access.  When we send you an email, we use technology to determine your response to the email, such as whether you opened our email, how long you had it open, and the links on which you clicked within the email.

We, our service providers and advertising partners may collect this type of information over time and across third-party websites.

How We Use Your Personal Information

We use government issued ID details and health information only to monitor the sale (and amount) of Ephederine, Pseudoephederine and Phenylpropanolamine to an individual customer in a specific time frame, and as necessary to ensure a proper drug therapy utilization review. 

We use your personal information – other than government-issued ID and medical information – for the following purposes and as otherwise described in this Privacy Policy:

Operations.  We use personal information to operate our Site and provide our Service, including to:

  • Provide and improve the Site and our Service
  • Manage and fulfill the orders you’ve placed with us through our Site or a third-party site such as Amazon (including gift certificates)
  • Establish and maintain your account on the Site
  • Enable security features of the Site, such as by remembering devices from which you have previously logged in
  • Communicate with you about the Site or your orders, including by sending you announcements, updates, security alerts, and support and administrative messages
  • Communicate with you about promotions in which you may participate
  • Understand your needs and interests, and personalize your experience with the Site and our communications
  • Respond to your requests, questions and feedback

Research and development.  We analyze use of the Site to analyze and improve the Site and our Service, and to develop new products and services, including by studying user demographics and use of the Site.

Marketing.  We may send you newsletters and other marketing communications.  

To comply with law.  We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to prepare tax documents, and respond to subpoenas, or requests from government authorities.

For compliance, fraud prevention, and safety.  We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims), (b) enforce the Terms of Use that govern the Site, and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent.  In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.   

To create anonymous, aggregated or de-identified data.  We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect.  We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you.  We may use this anonymous, aggregated or de-identified data and share it with third-parties for our lawful business purposes, including to analyze and improve the Site, analyze user demographics and use of the Site, and promote our business.  

How We Share Your Personal Information 

We share government issued ID details and medical information only as required to monitor the sale (and amount) of Ephederine, Pseudoephederine and Phenylpropanolamine to an individual customer in a specific time frame, and as necessary to ensure a proper drug therapy utilization review. 

We share your personal information – other than government-issued ID and medical information –in the following circumstances or as described in this Privacy Policy:

Affiliates.  We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers.  We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Site (such as payment gateway providers, email delivery, customer support, and hosting).  These companies are authorized to use your personal information only as necessary to provide these services to us.  

Advertising partners.  We may enable advertising partners to automatically collect information directly from our Site for targeted marketing purposes.

Business partners.  We may share your information with our business partners, who may to contact you about other products and services you may be interested in.  .

Third-party platforms and social media networks. If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging into the Site using your account with the third-party), we may disclose the personal information that you authorized us to share (such as when you elect to upload a transaction or a review to your social media account). We do not control the third-party platforms’ use of your personal information, which is governed by that third party’s privacy policy and terms and conditions.

Other users.  We may provide functionality that enables you to share content with users of the Site, such as in the comments section of our blog or the reviews section of our product pages.    We do not control how other users or third-parties use any personal information that you make available to other users or the public. For additional information, visit the User Generated Content section of this Privacy Policy.

Professional advisors.  We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Business transfers.  We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

For compliance, fraud prevention and safety.  In certain situations, Pharmapacks may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.  We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our site.  We may share your personal information for the compliance, fraud prevention and safety purposes described above.   

Your Choices 

Access, update, delete your information. Upon request Pharmapacks will provide you with information about whether we hold any of your personal information. If your personal information changes, or if you no longer desire our Service, you may correct, update, delete or deactivate your account by making the change on our member information page or by emailing Customer Support at help@spalshe.com. We will respond to your request to access within 30 days. Please note that even if you delete or deactivate your account, we may retain your information as necessary to provide you with the Services (for example, to complete your order and process returns), to comply with legal requirements, to facilitate product recalls, or as otherwise permitted by applicable law. 

Reviews and comments. If you would like to request to have a product review or blog comment you posted on the Site removed from our Site, you may do so by contacting us at help@splashe.com. We may retain a de-identified product rating if we remove the text of the review. 

Opt-out of marketing communications.  You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at privacy@splashe.com.  You may continue to receive service-related and other non-marketing emails.  

Cookies and browser web storage.  Most browsers let you remove or reject cookies.  To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Sites may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.  

Targeted online advertising.  Some of the business partners that collect information about users’ activities on or through the Site may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. Site users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above. If you choose to opt- out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. 

Third-party platforms or social media networks. If you choose to connect to the Services via a third-party platform or social media network, such as by using Facebook login, you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Services using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third party.

Do Not Track.  Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other Sites and Services

This Site contains links to other sites that are not owned or controlled by Pharmapacks.  Please be aware that we are not responsible for the privacy practices of such other websites.  We encourage you to be aware when you leave our Site and to read the privacy policy of each and every website that collects personally identifiable information.  The Site may contain links to other websites, and other online services operated by third-parties.  We do not control third-party websites, mobile applications or online services, and we are not responsible for their actions.  Other websites and services follow different rules regarding the collection, use and sharing of your personal information.  We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.  

Security

We maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful, or unauthorized access, disclosure, alteration, use, loss, or destruction. However, we cannot guarantee that the safeguards we maintain will ensure the security of the personal information.

User Generated Content

We may make available on our Site, or link to, features that allow you to generate your own content or share information online (e.g., on our blog or product pages). Please do not include personal information in the content you generate or share personal information online in public forums, because any such information can be collected and used by others. We have no control over, and take no responsibility for, the use, storage, dissemination or erasure of personal information included in user-generated content or shared on the Site. By posting personal information online in public forums, you may receive unsolicited messages from other parties.

Children

The Site is not directed to, and we do not knowingly collect personal information from, anyone under the age of 16.  If we learn that we have collected personal information of a child under the age of 16, we will delete such information from our files as soon as reasonably practicable.  We encourage parents with concerns to contact us.

International Data Transfers 

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.  

Changes to this Privacy Policy

We may update this privacy policy to reflect changes to our information practices.  If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective.  We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

If you have any questions/comments about privacy, you should contact us at privacy@splashe.com or via postal mail at:

Splashe Brands

c/o Pharmapacks LLC 

1516 Motor Pkwy, 

Islandia, NY 11749

Notice to European Users

The information provided in this “Notice to European Users” section applies only to individuals in Europe.

Personal information.  References to “personal information” in this Privacy Policy are equivalent to “personal information” governed by European data protection legislation.  

Controller.  Pharmapacks LLC is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.  

Legal bases for processing.  We use your personal information only as permitted by law.  Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Processing purpose (click link for details)

Details regarding each processing purpose listed below are provided in the section above titled “How we use your personal information”.

Legal basis

Operations

Necessary to ensure a proper drug therapy utilization review

Processing is necessary to perform the contract governing our provision of the service or to take steps that you request prior to signing up for the service.  If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the services you access and request.  

Marketing

For compliance, fraud prevention and safety

To create anonymous, aggregated or de-identified data

These activities constitute our legitimate interests.  We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

To comply with law

To monitor the sale (and amount) of Ephederine, Pseudoephederine and Phenylpropanolamine to an individual customer in a specific time frame

Processing is necessary to comply with our legal obligations.

With your consent

Processing is based on your consent.  Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the service. 

Use for new purposes.  We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis. 

Retention.  We will retain your information for as long as your account is active or as needed to provide you services.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements establish or defend legal claims, or for fraud prevention purposes.   

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.  

Your rights.

European data protection laws give you certain rights regarding your personal information.  If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:

  • Access.  Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct.  Update or correct inaccuracies in your personal information.
  • Delete.  Delete your personal information.
  • Transfer.  Transfer a machine-readable copy of your personal information to you or a third-party of your choice.
  • Restrict.  Restrict the processing of your personal information.
  • Object.  Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.  

You may submit these requests by email to privacy@splashe.com or our postal address provided above.  We may request specific information from you to help us confirm your identity and process your request.  Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions.  If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here.  

You may also opt out of our sharing of your information with our business partners for those partners’ own purposes, by contacting us at help@splashe.com

Cross-Border Data Transfer 

Whenever we transfer your personal information out of the European Economic Area to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on safeguards that allow us to conduct the transfer in accordance with the EEA’s data protection laws, such as the EU-U.S. Privacy Shield.

Notice to California Residents

We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide to California residents an explanation of how we collect, use and share their personal information, and of the rights and choices we offer California residents regarding our handling of the personal information. This notice does not apply to information related to our business contacts.

In addition to the information in our Privacy Policy, the following chart further describes our privacy practices with reference to the CCPA. 

Please note that the CCPA requires us to list “sales” of information, but the CCPA defines “sale” very broadly to include most sharing of personal information where the recipient may use the information for its own purposes, even when we do not get paid for the information. As a result, any time we may participate in a joint marketing campaign which may involve the sharing of information, the CCPA requires us to designate that activity as a “sale” of information.

 

Personal information we collect

CCPA-defined categories (click here for details) 

Sources of personal information

Purposes for which we may collect and use the personal information

Data sharing

Is the disclosure a “sale” under the CCPA?

Can I stop the disclosure?

How do I limit the disclosure?

Contact Information

Transaction details and history

Identifiers

Online identifiers

Commercial information

You

Other users

Business partners

Third-party networks and social media platforms

Data providers

Operations

Research and development

Marketing

Shared with business partners

Yes

Yes

Visit the “Do Not Sell My Info” link

Shared with third-party networks and social media platforms at your direction

No

Yes

Visit the “Your Choices” section of our Privacy Policy

Contact information

Transaction details and history

Identifiers

Online identifiers

Commercial information

Amazon

Operations

None

N/A

N/A

N/A

Account data

Identifiers

Online identifiers

You

Operations

Username displayed to other users of the Site, if you submit a comment or review on the Site

No

Yes

Visit the “Your Choices” section of our Privacy Policy

Government-issued ID

Medical information

Identifiers

Online identifiers

Medical information

Protected classification characteristics 

You

Operations

None

N/A

N/A

N/A

Feedback

Identifiers

Online identifiers

Sensory information

You

Operations

Research and development

Marketing

Displayed to other users on our Site

No

Yes

Visit the “Your Choices” section of our Privacy Policy

Correspondence

Identifiers

Online identifiers

Sensory information

You

Operations

Research and development

Marketing

None

N/A

N/A

N/A

Publicly-available information

Identifiers 

Online identifiers

Commercial information

You 

Operations

Research and development 

Marketing

None

N/A

N/A

N/A

Marketing information

Device data

Online activity data

Identifiers 

Online identifiers

Internet or network information 

Inferences

You

Automatic collection

Operations

Research and development

Marketing

Collected directly by advertising partners

Yes

Yes

Visit the “Do Not Sell My Info” link

Please note that we may also disclose all personal information to our affiliates, service providers and professional advisors; for our compliance, fraud prevention and safety purposes; and in connection with, or during negotiation of, a corporate sale, merger, acquisition, or similar event. These disclosures are not “sales” under the CCPA. For additional information, visit the “How We Share Your Personal Information” section of our Privacy Policy.

Privacy Rights.  Except as excluded above, the CCPA grants California residents the following rights:

  • Information.  You can request information about how we have collected, used and shared your personal information during the past 12 months.  We have made this this information available to California residents without having to request it by including it in this Privacy Policy, in the chart above.  
  • Access.  You can request a copy of the personal information that we maintain about you.  
    • Deletion.  You can ask us to delete the personal information that we collected about you.
    • Opt-out of sale of your personal information.  If we “sell” your personal information, you can direct us to stop “selling” your information.

    Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request.  If we deny your request, we will communicate our decision to you.  

    You are entitled to exercise the rights described above free from discrimination. 

    How to Submit a Request.  To request access to or deletion of personal information:

    Identity verification.  The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request.  We may attempt to verify your identify by asking you to confirm information that we have on file about you or your interactions with us.  Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.

    Authorized agents.  California residents can empower an “authorized agent” to submit requests on their behalf.  We will require the authorized agent to have a written authorization confirming that authority.

     California Residents – Do Not Sell My Info

    We may share personal information with third party business partners for those third parties’ own purposes. For example, we may share this information through joint marketing campaigns and other sponsored activities. To opt out of the sharing of your personal information with marketing affiliates, contact us at help @splashe.com. Please note that your opt-out does not apply to any information we provided to our marketing affiliates prior to your opting out.

    In addition, like many companies online, we may use services provided by Google and other companies that use tracking technology.  These services rely on tracking technologies – such as cookies and web beacons – to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet.  There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below:

    • Blocking cookies in your browser.  Most browsers let you remove or reject cookies, including cookies used for interest-based advertising.  To do this, follow the instructions in your browser settings.  Many browsers accept cookies by default until you change your settings.  For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
    • Blocking advertising ID use in your mobile settings.  Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
    • Using privacy plug-ins or browsers.  You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy BadgerGhostery or uBlock Origin, and configuring them to block third-party cookies/trackers.  You can also opt-out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
    • Platform opt-outs.  The following advertising partners offer certain opt-out features that let you opt-out of use of your information for interest-based advertising:
    • Advertising industry opt-out tools.  You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

    Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.

     

    Glossary

    Statutory Category

    Data Elements within the Category

    Commercial Information

    Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

    Identifiers

    Real name, alias, postal address, unique personal identifier, customer number, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. 

    Inferences

    The derivation of information, data, assumptions, or conclusions from any other category of Personal Information to create a profile about a person reflecting the person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

    Internet or Network Information

    Browsing history, search history, and information regarding a person’s interaction with an Internet website, application, or advertisement.

    Medical Information

    Personal information about an individual’s health or healthcare, including health insurance information.  Does not include (a) medical information governed by California’s Confidentiality of Medical Information Act, (b) protected health information that is collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 or (c) information collected as part of certain clinical trials.

    Online Identifiers

    An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device.

    Protected Classification Characteristics

    Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

    Sensory Information

    Audio, electronic, visual, thermal, olfactory, or similar information.