Privacy Policy

Effective date: 2/10/2023

At DCG Stores, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of DCG Stores’s Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy.

Privacy Policy Table of Contents

What this Privacy Policy Covers
Personal Data
- Categories of Personal Data We Collect
- Categories of Sources of Personal Data
- Our Commercial or Business Purposes for Collecting Personal Data
How We Share Your Personal Data
Tracking Tools, Advertising and Opt-Out
Data Security and Retention
Personal Data of Children
California Resident Rights
Other State Law Privacy Rights
European Union Data Subject Rights
Changes to this Privacy Policy

What this Privacy Policy Covers
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services.
“Personal Data” means any information that identifies or relates to a particular individual and also
includes information referred to as “personally identifiable information” or “personal information” under
applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of
companies we do not own or control or people we do not manage.

Personal Data

Categories of Personal Data We Collect
This chart details the categories of Personal Data that we collect and have collected over the past 12
months:
 

Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:

•  You
  When you provide such information directly to us.
  - When you use our Services.
  - When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
  - When you send us an email or otherwise contact us.
   When you use the Services and such information is collected automatically.
  - Through Cookies (defined in the “Tracking Tools, Advertising, and Opt-Out” section below).
  - If you use a location-enabled browser, we may receive information about your location.
  - If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services.
• Public Records
  - From the government or other sources.
• Third Parties
  Vendors
  - We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
  - We may use vendors to obtain information to generate leads and create user profiles.
  Advertising Partners
  - We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements, or communications.

Our Commercial or Business Purposes for Collecting Personal Data

• Providing, Customizing and Improving the Services
  - Processing orders or other transactions; billing.
  - Providing you with the products, services, or information you request. 
  - Meeting or fulfilling the reason you provided the information to us.
  - Providing support and assistance for the Services.
  - Improving the Services, including testing, research, internal analytics, and product development.
  - Personalizing the Services, website content, and communications based on your preferences.
  - Doing fraud protection, security, and debugging.
  - Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the "CCPA").
• Marketing the Services
  - Marketing and selling the Services.
  - Showing you advertisements, including interest-based or online behavioral advertising.
• Corresponding with You
  - Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about DCG Stores or the Services.
  - Sending emails and other communications according to your preferences or that display content that we think will interest you.
• Meeting Legal Requirements and Enforcing Legal Terms
  - Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
  - Protecting the rights, property or safety of you, DCG Stores or another party.
  - Enforcing any agreements with you.
  - Responding to claims that any posting or other content violates third-party rights.
  - Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for
materially different, unrelated, or incompatible purposes without providing you notice.

How We Share Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this
section. Depending on state laws that may be applicable to you, some of these disclosures may constitute
a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They may include:
  - Hosting, technology and communication providers.
  - Security and fraud prevention consultants.
  - Support and customer service vendors.
  - Product fulfillment and delivery providers.
  - Payment processors.
• Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
  - Ad networks.
  - Marketing providers.
• Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
  - Companies that track how users found or were referred to the Services.
  - Companies that track how users interact with the Services.
• Business Partners. These parties partner with us in offering various services. They include:
  - Companies that we partner with to offer joint promotional offers or opportunities.
• Parties You Authorize, Access, or Authenticate
  - Third parties you access through the services.
  - Social media services.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified, or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. Wemay use such aggregated, de-identified, or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build, and improve the Services and promote our business,provided that we will not share such data in a manner that could identify you.

Tracking Tools, Advertising and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and
JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and
when you visit and use our Services, analyze trends, learn about our user base, and operate and improve
our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone,
or similar device when you use that device to access our Services. We may also supplement the
information we collect from you with information received from third parties, including third parties that
have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the
Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.

You can decide whether or not to accept many types of Cookies through your internet browser’s settings.
Most browsers have an option for turning off the Cookie feature, which will prevent your browser from
accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you
to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are
already on your device. If you do this, however, you may have to manually adjust some preferences every
time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of
your browser’s menu. To find out more information about Cookies, including information about how to
manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-thepublic/
online/cookies/ if you are located in the European Union.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate
physical, technical, organizational, and administrative security measures based on the type of Personal
Data and how we are processing that data. Although we work to protect the security of your data that we
hold in our records, please be aware that no method of transmitting data over the internet or storing data
is completely secure.

We retain Personal Data about you for as long as necessary to provide you with our Services. In some
cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations,
resolve disputes, or collect fees owed, or is otherwise permitted or required by applicable law, rule, or
regulation. We may further retain information in an anonymous or aggregated form where that
information would not identify you personally.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under
16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise
use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child
under 16 years of age, we will delete that information as quickly as possible. If you believe that a child
under 16 years of age may have provided Personal Data to us, please contact us.

California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the "Exercising Your
Rights" section below for instructions regarding how to exercise these rights. Please note that we may
process Personal Data of our customers' end users or employees in connection with our provision of
certain services to our customers. If we are processing your Personal Data as a service provider, you should
contact the entity that collected your Personal Data in the first instance to address your rights with respect
to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a
California resident, the portion that is more protective of Personal Data shall control to the extent of such
conflict. If you have any questions about this section or whether any of the following rights apply to you,
please contact us.

Access
You have the right to request certain information about our collection and use of your Personal Data over
the past 12 months. In response, we will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12
months, we will identify the categories of Personal Data shared with each category of third party recipient.

Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under
the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal
Data to provide you with the Services or complete a transaction or other action you have requested. If
your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a
request that (1) provides sufficient information to allow us to verify that you are the person about whom
we have collected Personal Data; and (2) describes your request in sufficient detail to allow us to
understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered
a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use
Personal Data provided in a Valid Request to verify your identity and complete your request. You do not
need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for
making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If
we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that
decision before completing your request.

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do
this, you must provide your Authorized Agent with written permission to exercise your rights on your
behalf, and we may request a copy of this written permission from your Authorized Agent when they
make a request on your behalf.

Personal Data Sales Opt-Out and Opt-In

We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our
goods or services, charge you different prices or rates, or provide you a lower quality of goods and services
if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as
allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality
of the goods or services you receive related to the value of Personal Data that we receive from you.

Other State Law Privacy Rights

California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to
prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in
order to submit such a request, please contact us.

Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third
parties who intend to license or sell that Personal Data. You can exercise this right by contacting us with the subject line “Nevada Do Not Sell Request” and providing us with
your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada
Revised Statutes Chapter 603A.

European Union Data Subject Rights

EU Residents
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you
may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to
your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but
“Personal Data” generally means information that can be used to individually identify a person, and
“processing” generally covers actions that can be performed in connection with data such as collection,
use, storage, and disclosure. [DCG Stores] will be the controller of your Personal Data processed in
connection with the Services.

If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy
or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have
any questions about this section or whether any of the following applies to you, please contact us.

Personal Data We Collect
The "Categories of Personal Data We Collect" section above details the Personal Data that we collect from
you.

Personal Data Use and Processing Grounds

The "Our Commercial or Business Purposes for Collecting Personal Data" section above explains how we
use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing
include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others,
as further described below.

• Contractual Necessity: We process the following categories of Personal Data as a matter of "contractual necessity", meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
  - We will process your shipping and billing information to fulfill an order you place with us.
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
  - Your contact information and IP address.
  - We may also de-identify or anonymize Personal Data to further our legitimate interests.
  Examples of these legitimate interests include (as described in more detail above):
  - Marketing the Services.
  - Corresponding with you.
  - Meeting legal requirements and enforcing legal terms.
  - Completing corporate transactions.
• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing Personal Data
The “How We Share Your Personal Data” section above details how we share your Personal Data with
third parties.

EU Data Subject Rights
You have certain rights with respect to your Personal Data, including those set forth below. For more
information about these rights, or to submit a request, please email us.
Please note that in some circumstances, we may not be able to fully comply with your request, such as if
it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law,
but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may
also need you to provide us with additional information, which may include Personal Data, if necessary to
verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data
The Services are hosted and operated in the United States ("U.S.") through DCG Stores and its service
providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside.
By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided
by you or obtained from a third party, is being provided to DCG Stores in the U.S. and will be hosted on
U.S. servers, and you authorize DCG Stores to transfer, store, and process your information to and in
the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant
to: (i) a data processing agreement incorporating standard data protection clauses promulgated by the
European Commission, a copy of which can be obtained at https://eur-lex.europa.eu/legalcontent/
EN/TXT/?uri=celex%3A32010D0087, (ii) binding corporate rules for data protection that align
with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of
conduct blessed by the European Commission.

Changes to this Privacy Policy
We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time
to time, but we will alert you to any such changes by placing a notice on the website, by
sending you an email and/or by some other means. Please note that if you have opted not to receive legal
notice emails from us (or you have not provided us with your email address), those legal notices will still
govern your use of the Services, and you are still responsible for reading and understanding them. If you
use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of
the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such
information is collected.