GENERAL

Joey Dees is as dedicated to protecting your privacy as we are to bringing you comfort. This privacy policy explains the use and disclosure of information we collect from you on our website, over the phone, and from third parties. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms.

INFORMATION SHARING & USE

We will never collect your name, email, or any other personal information unless you first register or place and order with us.

We may use your personal information in the following ways:

• To process and fulfill your order, including to send you emails to confirm your order status and shipment.

• To contact you about special promotions, new products, and updates on our site.

• To understand your shopping preferences to better serve you in the future.

• To allow you to use our in-store and online technologies.

• To provide consistent, personalized services across all channels, including to personalize our advertising, marketing communications, shopping experiences, and promotional offers.

• To facilitate social sharing.

• To allow you to enroll and participate in a loyalty or customer relationship program.

• To prevent, detect, mitigate, and investigate fraud, security breaches, and activities that are or may be prohibited or illegal.

• To enforce our Terms of Use or other policies.

• As we believe to be required or appropriate under applicable law, to respond to requests from government authorities and comply with legal process.

We share your personal information with third-party marketing partners for commercial purposes. If you would like to opt out of third-party sharing, please email us at www.joeydees.com/contact

CHILDREN

To keep your kids safe, we do not knowingly collect any personal information from children under the age of thirteen. Our websites are not targeted to or intended for use by children. If you become aware that we have inadvertently received personal information from a visitor under the age of thirteen on our Site, please contact us at www.joeydees.com/contact with a request to delete the information from our records.

COOKIES

By visiting our site, third parties may place cookies on users’ browsers for targeted advertising purposes. These cookies are intended to track data, such as website activity and IP addresses. This data may be used by third parties to target advertising on other sites based on our users’ online activity. If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them. In order to disable cookies, please consult your browser’s help section for instructions. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website.

We may also collect your email address via cookies and pixels on our website through the use of trusted third-party partners. These partners may also combine your email information with other information they have access to such as a mailing address so that we may serve relevant marketing offers to you via email and direct mail. If you do not want us to collect information about you, please contact us at www.joeydees.com/contact to opt out.

HOW WE USE COOKIES

We use cookies for a number of reasons, like helping us see which features are most popular, counting visitors to a page, improving our site experience, keeping our customers secure, and providing you with a better experience. The cookies we use generally fall into one of the following categories.

Technical: These cookies are needed for our services to function properly. Like other cookies, technical cookies can be either first-party or third-party cookies.

Preferences: We use these cookies in order to remember your settings and preferences. As an example, we may use them to keep track of your order and remember what items are in your cart.

Security: We use these cookies to catch and prevent any security risks before they occur.

Performance: We use these cookies to see how you interact with our services and to help us improve. For example, we may use these cookies to determine if you have visited a certain page, to process your order on our site, and enable you to use our Express Checkout option.

Analytics: We use these cookies to help us improve our services. For example, we can use these cookies to study how you navigate through our website and which products they request in site searches.

Advertising: Joey Dees and our advertising partners use these cookies to deliver ads, to make ads more relevant and meaningful, and to track the efficiency of our advertising campaigns on site and other websites.

Third Party Pixels and Cookies: When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting www.joeydees.com/contact.

Some of the features of our services may not function properly if you disable cookies. For example, if you do not allow cookies, you might not be able to view some of our website or use certain features like adding products to your cart, which may impact your shopping experience.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and JDPR d/b/a Joey Dees or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Joey Dees’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

LINKS TO OTHER SITES

We may provide links on our websites to other sites. These sites operate independently of us and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit. We are not responsible for the content or practices of any linked websites which are provided solely for the convenience and information of our visitors.

PHISHING

Identity theft and the practice currently known as “phishing” are of great concern to us. To safeguard your information and help protect you from identity theft, we do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a non-secure or unsolicited email or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

YOUR CALIFORNIA PRIVACY RIGHTS / QUESTIONS OR COMMENTS

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt out of such information sharing. We have such a policy. As discussed above, if you want to opt out of any sharing of your information please contact us.

POLICY CHANGES

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes to our personal information practices. Whenever we make a change, we will post the updated Policy at this site and we encourage you to check our policy periodically. By using our website following the posting of a change in the Privacy Policy, you consent to the updated Policy.