privacy policy/your ca privacy rights

this privacy policy applies to your use of the website located at and any other online and mobile websites, blogs and mobile applications operated by unplugged llc, on behalf of itself and its affiliates (collectively, for purposes of this privacy policy, “company,” “we” or “us”) that are related to (collectively, the “site”) (unless a different policy is provided on a particular site or application, in which case such different policy shall control). company operates the “site” and has created this privacy policy to inform you what information we collect on the site, how we use your information and the choices you have about the way your information is collected and used. please read this privacy policy carefully. your use of the site indicates that you have read and accepted our privacy practices, as outlined in this privacy policy. in addition, please read our terms of use which also govern your use of this site. please be advised that the practices described in this privacy policy apply to information gathered by us or our subsidiaries, affiliates or agents: (i) through this site, (ii) where applicable, through our customer service department in connection with this site, (iii) through our free-standing retail stores, and (iv) through sweepstakes and other promotional programs.

we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this privacy policy, in whole or in part, at any time. when we amend this privacy policy, we will revise the “last updated” date located at the bottom of this privacy policy. for changes to this privacy policy that we consider to be material, we will place a notice on by revising the link on the home page to read substantially as “updated privacy policy” for a reasonable amount of time. if you provide information to us or access or use the site in any way after this privacy policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. the most current version of this privacy policy will be available on the site and will supersede all previous versions of this privacy policy.

if you have any questions regarding this privacy policy, you should contact our customer service department by email at

notice to california residents / your california privacy rights: california residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in early 2016 will receive information about 2015 sharing activities). as set forth in this privacy policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. to make such a request, please send an e-mail to  you must include this site as the subject line, and your full name, e-mail address, and postal address in your message. please see the “your choices” section of this privacy policy for additional information.

as explained in more detail below, we may allow ad exchanges, web analytics vendors, social networking platforms and other third-parties to collect certain data and other non-personally identifiable information when you visit our site. these companies may use non-personally identifiable information (e.g., search and click stream information, browser type, time and date, the identity or type of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. by way of example, these companies may use a cookie or web beacon to collect this information. our site does not recognize browser “do not track” signals, and please understand that we can't always control third party cookies stored on your machine from visiting our site, but you may visit the relevant third party's website directly to manage cookies stored on your machine by them, and several of our service providers who utilize these cookies or beacons on our site enable you to opt out of this behavioral advertising. to learn more about how to opt out of the behavioral advertising conducted by these providers you can visit

what information about me is collected and stored?

personally identifiable information: personally identifiable information (“pii”) is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). for example, when you create an account with us, your account information is stored on this site’s server. we may also ask you to provide us with certain pii in connection with the use of the site, in connection with the services provided by our customer service department, in connection with a brick and mortar transaction (except where prohibited by law) or in connection with an off-line promotion or sweepstakes. for example, we may ask you to provide certain pii when you register with us, place an order on the site, choose to sign up for an email newsletter, or participate in a promotional event. this information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. this information also may be used to contact you about sales, special offers and new website features, unless you have opted not to receive promotional communications in connection with this site. we may also ask you to provide us with demographic information, information regarding your interests or similar information. providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the site's features. we do not collect pii through third party advertisements on our site and the pii we collect is not sold to third parties.

in addition, you may have the opportunity to provide us with the pii, such as name or e-mail address of a friend, such as when you choose the email addresses you supply us for those activities will not be retained for other purposes unless otherwise disclosed at the time you provide such information. we encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship so that it doesn’t seem like we are “spamming” them.

usage information: when your computer contacts our web servers (for example, when you visit this site, or view an html e-mail), our web servers automatically collect site usage information. site usage information is non-identifying information that describes how our visitors use and navigate our site. it can include the number and frequency of visitors to each webpage and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our site, and ip addresses (see below for more information on ip addresses). we also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. this information is used to analyze and improve this site and to provide our customers with a fulfilling shopping experience.

browser cookies: like many websites, we may use browser “cookies.” cookies are a website's way of remembering who you are. a cookie is a small text file that is stored on your computer's hard drive or stored temporarily in your computer's memory. there are two kinds of cookies: those that are “session” oriented and those that are “persistent.” session cookies delete from your computer when you close your browser. persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. we may use cookies to help us to identify account holders and to optimize their experience on our site. also, we may use cookies to monitor and maintain information about your use of this site. most web browsers accept cookies automatically. you can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. for example, in the internet explorer menu bar, select: tools/internet options/browsing history/delete to view manual and automatic options. if you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this site.

flash cookies: our site may enable the use of the adobe flash player. adobe's flash player is used by many websites that offer video and other interactive content. by default, your use of the adobe flash player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). adobe provides a short disclosure about flash cookies in its end user license agreement, stating “use of the web players, specifically the flash player, will enable the software to store certain user settings as a local shared object on our computer. these settings are not associated with you, but allow you to configure certain settings within the flash player.” the adobe flash player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. you can control the degree to which you accept flash cookies by accessing your adobe flash player management tools directly through the settings manager for adobe flash, located at if you do not allow flash cookies to take any space on your computer or device, you may not be able to take advantage of or participate in certain features on the site. as of the “last updated” date of this privacy policy, users with a computer running the windows operating system can view flash cookie files in this folder: \documents and settings\[username]\application data\macromedia\flash player. and users with a computer running the apple operating system can view flash cookie files in this folder: /users/[username]/library/preferences/macromedia/flash player. flash cookies, or lso files are stored typically with an “.sol” extension. to the extent the google display network does not allow flash cookies to be used for behavioral advertising, ad delivery, or multi-site advertising, company conforms to that.

the adobe flash player is not the only technology being used in the ever-shifting online and mobile content environment. html5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. html is the mark-up language used for the world wide web. almost all web pages you visit on the internet are based around html code. html5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. one of the real benefits of html5 is its potential to standardize the highly fragmented rich-media universe. some html5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools. to the extent the google display network does not allow html5 local storage to be used for behavioral advertising, ad delivery, or multi-site advertising, company conforms to that.

use of web beacons: our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif,” that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the ip address of the computer that the web beacon is sent to and the time the web beacon was viewed. web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including html based content, can act as a web beacon. we may use web beacons to count visitors to our web pages or to monitor how our users navigate our site, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. we may use web beacons to compile aggregate statistics about our site and our marketing campaigns.

use of ip addresses: an ip address is a number that is assigned to your computer or network when you are linked to the internet. when you request pages from this site, our servers may log your ip address. we may use ip address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the site. we may associate your ip address with the pii you provide.

we also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

opting out of the use of tracking mechanisms that retain pii. you always have the option of “opting out” of company’s use of cookies, web beacons or other tracking mechanisms that include pii. choosing to opt out means your browser will no longer be associated with a unique cookie, but will instead store a non-unique cookie value of “id=opt_out”. by opting out, you have not disabled the cookie functionality within your browser, you will continue to retain an anonymous cookie. cookies are specific to your browser. if you use multiple types of browsers on one computer (e.g., internet explorer and netscape navigator) you will need to opt out separately for each browser. cookies are also unique to each computer. therefore you must opt out separately on all computers you use. if you delete all of your cookies, you will be deleting the “opt out” cookie, and will therefore have to go through the opt out process again to reactivate your opted-out status. if you wish to opt out of these practices, you can do so by clicking

is information collected from children?

we do not knowingly sell or ship any items ordered through this site directly to anyone who we know to be under the age of 13, nor do we collect any pii from anyone who we know to be under the age of 13. if you are under the age of 18, you should use this site only with the involvement of a parent or guardian and should not submit any pii to us. if we discover that a person under the age of 13 has provided company with pii, company will use commercially reasonable efforts to delete such person’s pii from its system.

company's use and disclosure of collected information

use by company: we may use your pii to provide you with requested information, services or content, to contact you in connection with a promotion, or for other purposes disclosed when you provide the information. we may also contact you from time to time on behalf of one of our affiliated companies or an external business partner with information that may be of interest to you. we may also contact you regarding any problems or questions we have relating to your use of our site, or, in our discretion, notify you of changes to our privacy policy, terms of use or other policy or terms that affect you and your use of our site. we may also use information about our users, including pii, for internal purposes.

with whom does company share information?

we may provide information to select outside companies when we believe their products or services may be of interest to you. if you opt in to receive communications from a third party, your information will be subject to the third party's privacy policy and not this privacy policy. therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. in addition, company may share your pii with third parties under the following circumstances:

third parties providing services on our behalf: we may engage third parties to perform services in connection with the operation of our business. examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) site evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. these third parties may have access to this site's user information, including pii, to the extent it is needed to perform their duties and functions.

company's security: we may release information about our users, including pii, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our site and applicable laws. we may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of company or any of our respective affiliates, business partners, customers or others.

aggregate information: we may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. examples of such non-personal information include the number of users who visited this site during a specific time period or purchased a specific product through this site.

promotions: if you choose to enter a contest, sweepstakes or promotion, your pii may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. also, by entering a promotion, we may require you to consent to the use of your pii or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. in addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the pii that you submit.

corporate change: in addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation pii, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of company's assets, or other fundamental corporate change, whatever form it may take. you will be notified via e-mail or prominent notice on our site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. for clarification and the removal of doubt, company specifically reserves the right to transfer or share a copy of personally identifiable information collected pursuant to this privacy policy from this web site, off-line or otherwise, to the buyer of that portion of its business relating to that information.

what steps are taken to keep personal information secure?

we use a security protocol that is common in the industry for encrypting sensitive information and personal information that we collect. if you place an order through this site, you will be asked to set up an account and provide an email address and password. you must provide an appropriate email address and password in order to access account information. in order to help protect your personal information further, you should be careful about providing your password to others. if you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact our customer service department by email at

we strive to ensure the security of your pii on our systems, including limiting access to the pii contained on our servers. whenever you give company sensitive or confidential information, that information is transmitted through a secure connection with your web browser. unfortunately, no security measures are perfect or impenetrable and no data transmission over the internet can be guaranteed to be 100% secure. we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. we cannot and do not ensure or warrant the security of any information you transmit to company and you do so at your own risk.

community features

as a convenience to its visitors, we provide or may provide, at our sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, polls, surveys, and other services (collectively, the “community features”). community features are provided by company to you and others subject to the terms of use, and the “community guidelines” set forth below. the user who posts content in the community features (“community content”) is responsible for the reliability, accuracy and truthfulness of such community content, and company has no control over same. additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

please review our restrictions on use and guidelines for community features in our terms of use. in addition, please note that this privacy policy does not apply to any information you may disclose publicly in any community feature. you should keep in mind that whenever you publicly disclose information about yourself online, that information could be collected and used by people that you do not know. in addition, certain community features may display ip addresses and possibly pii along with the message poster's name and message. We bear no responsibility for any action or policies of any third parties who collect any information users may disclose in community features or other public areas, if any, of this site.

in consideration for your use of the site's community features and functionality, you agree to comply with the “community guide lines” set forth below. users who violate the community guidelines, may, at our sole discretion, be permanently banned from using the site.

community guidelines:

entering any community feature will constitute acceptance of the community guidelines. if you do not agree to abide by the community guidelines, please do not enter any community features.

you are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. listed below are some, though not all, violations that may result in company terminating or suspending your access to community features on a temporary or permanent basis, as determined by us in our sole discretion (“community guidelines”). you agree not to do any of the following actions while using any of the community features:

violate these community guidelines or abuse the community purpose of the chat areas.

participate in any part of the site if you are under the age of 18.

use profanity, obscenities, or **asterisks** or other “masking” characters to disguise profane or obscene words.

use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.

impersonate other users.

attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.

post topics on message boards, on the site or within any of the community features that are unrelated to the subject of the site.

advertise or promote other companies or urls.

share pii with others on the site.

include advertising in communications.

post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant company all of the license rights granted herein.

include advanced fonts, java, tables, html, or other programming codes or commands in messages.

distribute or otherwise publish any community content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. you also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.

collect or harvest the information of any user or otherwise access the site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).

information disclosed in community features is by design revealed to the public. the site is not responsible for any information you choose to disclose to others. the site reserves the right, but not the obligation, to remove any posts for any reason. We do not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any community content provided through a community feature. by posting or uploading community content to any community feature or submitting any other community content to company, you automatically grant (or warrant that the owner of such rights has expressly granted) company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. in addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.

you understand that the uploading to and/or posting of any community content in any community feature shall not be subject to any obligation of confidence on the part of company, and company shall not be liable for any use or disclosure of any community content. without limitation of the foregoing, company shall exclusively own all now known or hereafter existing rights to the community content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the community content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the community content.

you agree to indemnify company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any community content to any community feature or submitting any community content to company, or your failure to comply with the community guidelines. company does not and cannot review every message posted by users on the site, and is not responsible for the content of these messages or the views or opinions expressed by the users of the site. company reserves the right to, but is not obligated to, delete, move or edit community content, in whole or in part, submitted by you to the site and/or company for any reason. in no event does company assume any obligation to monitor the community features or remove any specific material.

copyright notice

if you are a copyright owner and believe that any community content appearing on the site or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to company pursuant to the digital millennium copyright act (“dmca”) by providing the following information in writing (see 17 u.s.c. 512(c)(3) for further detail) to the copyright agent named below:

your name, address, telephone number, and email address;

a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

the exact url or a description reasonably sufficient to permit company to locate where the alleged infringing material is located;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

copyright agent

695 minnesota street, suite a, san francisco, ca 94107, attn: legal dept., unplugged llc, upon receipt of the written notification as outlined above, company will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. the alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person. by this filing, company seeks to preserve any and all exemptions from liability that may be available under the dmca or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 usc 512c or elsewhere in the law.

how can i access, correct and update personal information?

you can access, correct and update certain personal information that you have provided to us by clicking on “manage your account” within the help desk area of this site.

your choices/unsubscribe

you will have an opportunity to unsubscribe from receiving promotional material from this site by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. additionally you may email us at or write to us at unplugged, attn: customer service, 695 minnesota street, suite a, san francisco, ca 94104. because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. we appreciate your patience and understanding in giving us time to carry out your request.

even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order. in addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

if you want to opt out of having your pii shared with third parties for marketing purposes, you must consistently opt-out at each of our sites where you register and whenever you provide pii to us. please bear in mind that this opt-out choice for "third parties" will not apply to company, company licensees and/or co-branding participants, as set forth below. please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) company uses your pii for either operational purposes (e.g. to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our sites, including any future changes to this privacy policy, the terms of use, or any other policy or terms that affect you and your use of our site) or fulfillment purposes (e.g. sharing with companies that facilitate communications and transactions with you).

finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the pii is provided, it may take some time to process your opt-out choices.  our systems require time to update, and promotional mailings using pii shared before your opt-out may already be in process. thus, your pii might continue to be shared with third parties for promotional purposes for some time after you make your request, for similar reasons, if your pii is shared with a third party, company largely or completely loses control over how that information is used. thus, even after you have opted out of allowing us to share your pii, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.

what happens when i link to or from another website?

please be aware that when you are navigating our site or viewing an email or other content provided by company, you may have the opportunity to click on links that take you outside of company’s service to other websites or online content that are beyond company’s control. if you "click" on the link to such a third party, the "click" takes you to a third party's website or online content. we have no control over and are not responsible for the content of any third party websites to which you navigate. please be advised that the practices described in this privacy policy do not apply to information gathered through these other websites. we encourage you to be aware of when you leave this site and to read the privacy policies of each and every website that you visit.

if you have accessed this site through a link from certain of our advertising or marketing partners, this site may include a frame of the applicable advertising or marketing partner. nevertheless, the information you provide to us through these framed web pages is collected by us, and our use of this information is governed by this privacy policy.

what about online surveys?

we may from time to time conduct on-line surveys. when you complete an online survey, we may ask for certain information including your age, zip code, shopping habits, email and/or mailing address. this information will be treated in accordance with this privacy policy.

collection in and transfer to the united states

this site is operated in the united states. if you are located in the european union, canada or elsewhere outside of the united states, please be aware that any information you provide to us will be collected in or transferred to the united states. by using our site, participating in any of our services and/or providing us with your information, you consent to this transfer. please see the safe harbor information below or contact us for how we treat information that is collected in the european union and then transferred to the united states.

sharing pages with friends

the site may offer you the possibility to connect your accounts from third party social media sites, such as facebook and twitter, through an application programming interface (api) or other software. by allowing the site to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include pii. you likewise consent to our publishing on the site any such information or actions you take on such third party sites. additionally, you understand that by accessing the site via your social media account, activity you engage in through the site may be published on the third party site. it is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from company.

choice of law

this privacy policy, including all revisions and amendments thereto, is governed by the internal laws of the united states, state of california, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.


by using this site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against company and/or its parent, subsidiaries, affiliates and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by jams and conducted before a sole arbitrator in accordance with the rules of jams; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the federal arbitration act (“faa”), 9 u.s.c. §§ 1-16; (3) the arbitration shall be held in the major united states city that is closest to your place of residence; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this privacy policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the site; (5) the arbitrator shall apply california law consistent with the faa and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable company entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any company entity exceed $125 usd, and you are unable (or not required under the rules of jams) to pay any fees and deposits that exceed this amount, company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. in addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of jams, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. if, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor company shall be entitled to arbitrate their dispute. for more information on jams and/or the rules of jams, visit their website at

safe harbor privacy policy

policy statement & scope

unplugged llc and its subsidiary and affiliated companies in the united states (collectively "company,” "we," "us," or "our") make reasonable efforts to protect the privacy of those customers, employees and other persons who entrust us with their personal information. company’s privacy program and data security activities are governed by a number of policies and procedures. this safe harbor privacy policy sets forth how company handles "personal data," "sensitive personal data" and "eu employee data" (as such terms are defined below, and collectively, the "data") that is collected in and transferred from countries in the european union ("eu") to company in the united states. such data is transferred to the united states for purposes of managing our workforce, handling customer service, product order and account management activities, marketing our products and services, and otherwise maintaining our customer relationships and advancing our business. in furtherance of those activities and such data transfers, company adheres to the safe harbor privacy principles and the corresponding fifteen (15) frequently asked questions developed by the united states department of commerce in coordination with the european commission (the "safe harbor principles"). for more information about the safe harbor principles, the current status of the safe harbor program and information about the new eu-u.s. privacy shield framework that has been proposed, please visit


the following terms are used throughout this safe harbor privacy policy and are defined here for ease of reference:

"agent": means a third party that processes or otherwise uses personal data on behalf of and under the instructions of company.

"eu employee data": means personally identifiable human resource data about individuals who are employed or otherwise engaged by company or our affiliates, subsidiaries or business partners in the eu.

"personal data": means any information that identifies an individual, whether collected online or offline and regardless of format. personal data does not include information that is aggregated, pseudonymized, encoded or rendered anonymous, or publicly available personal information that has not been combined with non-public personal information, or information that pertains to a specific individual, but from which that individual could not reasonably be identified.

"sensitive personal data": means personal information that is not eu employee data and that reveals the individual's race, ethnic origin, political opinions, religious beliefs, criminal record or that concerns the individual's own health or sex life.

safe harbor principles

company has adopted the seven safe harbor principles of notice, choice, onward transfer, access, security, data integrity and enforcement with respect to data that is collected in and transferred from countries in the eu to company in the united states.

  1. notice. this safe harbor privacy policy informs individuals about the purposes for which we collect and use data, how to contact us, the parties to which that information may be accessible, and the choices and means, if any, that company offers individuals for limiting the disclosure of such data to non-agent third parties.
  2. choice. before company uses personal data or eu employee data for a purpose that is incompatible with the purposes for which the personal data or eu employee data was originally collected or subsequently authorized, or transfers personal data or eu employee data to a non-agent third party for the purpose of allowing the non-agent third party to exercise independent control over the personal data or eu employee data, the affected individuals will be given an opportunity to decline (opt out) having their personal data or eu employee data so used or transferred. the same choice principle shall apply to sensitive personal data, but in the event that the data is sensitive personal data, the affected individual's explicit consent (opt in) will be obtained prior to such use or transfer.
  3. onward transfer. company may transfer data to its agents once it obtains assurances that the relevant agents will adequately safeguard the data that is transferred to them. such assurances may take the form of a contract obligating the agent to provide at least the same level of protection as is required by the relevant safe harbor principles, safe harbor certification by the agent, or the agent being subject to an eu data protection directive or adequacy finding. if company learns that an agent is using or sharing data in a way that is contrary to the assurances obtained, we will take reasonable steps to prevent or stop such activity. company may transfer personal data to a non-agent third party where such transfer is consistent with the notice and choice principles detailed above or as otherwise set forth in this policy.
  4. access. for those individuals who duly request it, company will provide such individuals with reasonable access to data that it holds about them, except in those circumstances that are set forth in the safe harbor principles, such as when the burden or expense of providing access would be disproportionate to the risks to the individual's privacy or when the rights of persons other than the data subject's would be violated and except in those instances where the access being requested relates to employee data and the person making the request is not otherwise entitled to such access under the local labor or employment laws governing such person's employment. for those individuals who receive access, company will take reasonable steps to permit such individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete.
  5. security. company will take reasonable administrative, technical and physical precautions to protect data in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
  6. data integrity. company will take reasonable steps to ensure that data that is stored on its servers is used, processed and maintained in a condition that is compatible with the purposes for which it has been collected or subsequently authorized, subject to any deficiencies in the condition of the data that existed at the time company received such data.
  7. enforcement. with respect to personal data and sensitive personal data, company will assure compliance with the safe harbor principles by investigating and attempting to resolve complaints regarding violations of this safe harbor privacy policy directly with the complainant, and in the event that the complaint cannot be resolved by company internally, the complainant may submit the matter to binding arbitration as described above in this policy.

with respect to eu employee data, company will assure compliance with the safe harbor principles by investigating and attempting to resolve complaints regarding violations of this safe harbor privacy policy directly with the complainant, and in the event that the complaint cannot be resolved by company internally, the complainant may submit the matter to the dispute resolution program provided by the european data protection authorities ("dpa's") panel. company will then undertake to comply with any advice that may be given by the dpa's in the matter.

how to contact us

company has a privacy officer ("privacy officer") who is responsible for company's compliance with and enforcement of this policy. company's privacy officer is available to any of its customers or others who may have questions concerning this policy. relevant contact details are as follows:

unplugged llc

695 minnesota avenue, suite a

san francisco, ca 94104

attention: privacy officer (office of the ceo)

limitation on scope of principles

company may disclose data as necessary in connection with the sale or transfer of all or part of its company to meet its legal, governmental, national security or public interest obligations or as otherwise permitted under the safe harbor principles.

changes to this safe harbor privacy policy

company may amend this safe harbor privacy policy, from time to time, consistent with the safe harbor principles. when we do so, we will revise the "last updated" date at the bottom of this policy. for material changes to this safe harbor privacy policy, we will place a notice on the company web site by revising the link on the home page to read "updated safe harbor privacy policy" for sixty (60) days. providing data to us after such notice constitutes acceptance of such changes.

effective date

these terms were last updated and are effective as of april 10, 2016.