Introduction
This Privacy Notice is provided by My Custom Phone (“My Custom Phone,” “we,” “our,” or “us”) to describe the Personal Information (defined below) that we collect in relation to your access and use of the Services, how we use it, with whom we share it and the choices available regarding our use of the information we collect. We also describe the measures we take to protect the security of the information and how to contact us about our privacy practices. If you do not agree with this Privacy Notice, do not access or use any part of the Services or register for an account. Any terms not defined below have the definitions set out in our Terms of Use.
Updates to this Notice
We may update this Privacy Notice based upon evolving laws, regulations and industry standards, or as we may make changes to our business, including the Services. We will post changes to our Privacy Notice on this page and encourage you to review our Privacy Notice when you use our Services to stay informed. If we make changes that materially alter your privacy rights, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If you disagree with the changes to this Privacy Notice, you should discontinue your use of the Services.
Children
You must be at least 18 years old to use the Services. The Services are not directed to or intended for use by minors. If you are under 18, do not use or provide any information through the Services. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at the information included below.
Personal Information We Collect
Information You Provide Us
We collect certain information from you by which you may be personally identified, such as your name, last name, email address, phone number, and address (“Personal Information”) when you use our Services. We do not collect sensitive information, as defined under applicable law.
You may opt-in to receive SMS notifications from us in order to receive order updates and marketing information from us. SMS notifications will only be sent to you to fulfill the purpose for which you have shared your phone number with us. We only share your phone number with third party services like who help us send SMS notifications to you. You may opt-in to our SMS delivery services by entering your phone number when prompted at check-out, or by sending a message to the phone number specified on the SMS notice included in our website.
Information We May Automatically Collect
When you visit our Site and use our Services, we and third parties, including Facebook, Google, Microsoft, and others, may automatically collect certain information about your device, including information about your web browser, IP address, and time zone by using cookies and similar technologies. Additionally, as you use our Services, we may collect information about the individual web pages and services that you view, what websites or search terms referred you to our Services, and information about how you interact with the Services.
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. We use the following advertising services: Google Analytics, Facebook/Meta Pixel, Snapchat Pixel, Triple Whale, TikTok Advertising Pixel, and the Pinterest Tag.
We use Hotjar in order to better understand our user’s needs and to optimize our Services. Hotjar allows us to see how much time you spend on our Services and which links you click. Hotjar uses cookies and other technologies to collect data on our user’s behavior and their devices. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For more information on Hotjar, please review their support page here.
You may opt-out of the collection and use of information for ad targeting from certain providers by visiting: https://optout.aboutads.info/?c=2&lang=EN
Our Services use cookies to help keep track of items you put in your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
For more information on the options provided by our advertising partners please see below:
- Google: https://adssettings.google.com
- Facebook: https://www.facebook.com/about/ads
- Hotjar: https://www.hotjar.com/legal/compliance/opt-out
- Microsoft: https://about.ads.microsoft.com/en-us/resources/policies/personalized-ads
Personal Information Collection Summary
| Category | Examples | Collected |
| A: Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | YES |
| B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories. |
YES |
| C: Protected classification characteristics under California or federal law. | 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). | YES |
| D: Commercial Information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES |
| E: Biometric Information | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO |
| F: Internet or other similar network activity | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | YES |
| G: Geolocation Data | Physical location or movements. | NO |
| H: Sensory Data | Audio, electronic, visual, thermal, olfactory, or similar information. | NO |
| I: Professional or employment-related information | Current or past job history or performance evaluations. | NO |
| J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99) | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial Information, or student disciplinary records. | NO |
| K: Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | YES |
How We Use Your Personal Information
We use the Personal Information we collect from you in the following ways:
- To provide and maintain the Services;
- Provide you with customer service;
- To manage our third-party service providers and the services they provide to you;
- To manage your account;
- For the performance of a contract and the development, compliance, and undertaking of any contract you may have with us;
- To personalize your experience on the Services;
- To manage your requests;
- To provide you with certain discounts and promotions;
- To process your transactions;
- To communicate with you, including to provide you with marketing communications;
- To screen for and investigate potential risks and fraud in our systems;
- To optimize our Services;
- To comply with legal obligations; and
- To establish, exercise, or defend a legal claim.
We use Cookies and similar technologies that automatically collect your information to:
- Authenticate you and protect your account;
- Remember user preferences;
- Enable plugins that allow you to share information on social media platforms;
- Deliver and measure advertising; and
- Analyze traffic and trends through the Services.
Sharing Your Personal Information
We share your Personal Information for the purposes described above. We may share your Personal Information with our affiliates and third parties to facilitate services they provide to us. These can include providers of services such as data analysis, payment processing, order fulfillment, information technology and loyalty/referral program management.
We may share your Personal Information to comply with applicable laws, regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or to otherwise protect our rights.
We may disclose your Personal Information as part of a corporate business transaction such as a merger or acquisition, divestiture, sale of company assets, or in the event of insolvency, bankruptcy, or receivership. In these cases, Personal Information could be transferred to third parties as a business asset. We may also disclose your Personal Information to any affiliated entity, organization, or business partner and to agents and service providers to help us operate the Services and improve our business or the Services.
We may use non-personally identifiable information and aggregate information for any lawful purpose, including, but not limited to, analyzing trends, managing and administering the Services, tracking users’ movements, to create new products or services, or to improve our business and the Services. We may also share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on the advertising you see. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources. We will take reasonable steps to ensure that aggregate information is never associated with you or your Personal Information.
Summary of Data Disclosed to Third Parties
In the preceding twelve months, we may have disclosed Personal Information for a business purpose to the categories of third parties indicated in the chart below:
| Personal Information Category | Category of Third-Party Recipients | |
| Business Purpose Disclosures | Sell or Share | |
| A: Identifiers. | Advertising Networks; Data analytics providers; Social Networks | Advertising Networks; Social Networks |
| B: California Customer Records personal information categories. | Advertising Networks; Data analytics providers; Social Networks | Advertising Networks; Social Networks |
| C: Protected classification characteristics under California or federal law. | Data analytics providers | None |
| D: Commercial information. | Advertising Networks; Data analytics providers; Social Networks | Advertising Networks; Data analytics providers; Social Networks |
| E: Biometric information. | None | None |
| F: Internet or other similar network activity. | Advertising Networks; Data analytics providers; Social Networks | Advertising Networks; Data analytics providers; Social Networks |
| G: Geolocation data. | None | None |
| H: Sensory data. | None | None |
| I: Professional or employment-related information. | None | None |
| J: Non-public education information. | None | None |
| K: Inferences drawn from other personal information. | Data analytics providers; advertising networks | Advertising Networks; Data analytics providers; Social Networks |
Privacy Technology Practices
Do Not Track Signals
Some browsers have incorporated “do not track” features to enable users to make privacy and security choices. By using these settings, your browser may send a signal to our Site not to collect tracking information. Please note that we do not alter our Site’s data collection and use practices when we see a “do not track” signal from your browser.
Data Security
We are committed to protecting the security of your Personal Information. Depending on the circumstances, we may hold your information in hard copy and/or electronic form. For each medium, we use technologies and procedures to protect Personal Information. We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements. These measures include without limitation technical and organizational security policies and procedures, security controls, and employee training.
If you make any purchases through the Services, we may use a third-party payment processor (e.g., PayPal, Amazon Pay, or First Data) to assist with securely processing your payment information, and your credit card data will be encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information will be deleted.
You are responsible for maintaining the security of your account credentials that related to the Services. We will treat access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
Data Retention
We retain your Personal Information for as long as we have a business relationship with you. Your personal data will be deleted or anonymized within 7 years after your last activity with our business. We may retain your account information and order information for our records for up to 7 years after your last transaction. We reserve the right to retain anonymized and aggregate information indefinitely.
California’s Shine the Light Law
California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of the information you provide through the Services to third parties for their direct marketing purposes. To make such a request, please contact us at: [email protected] with subject line “Shine the Light Request.”
California, Colorado and Virginia Privacy Rights
This section outlines data privacy rights afforded to California, Colorado and Virginia residents and certain disclosures that are required under their applicable privacy laws.
DO NOT SHARE MY PERSONAL INFORMATION
To notify My Custom Phone not to “Sell or Share My Personal Information,” please click here. In this case “sharing” refers to a specific type of disclosure under certain privacy laws that relates to advertising activity including targeted advertising. An example of a sale or share of information is when we disclose information about you (like when you have visited our Site) tied to unique identifiers, like device IDs, with third parties for targeted advertising. When you tell us not to sell or share your Personal Information, we will not disclose your personal data for these purposes. Please note that not all disclosures of your Personal Information constitute a “share” or “sale” of your data under applicable privacy laws.
Right to Know
You can request information about how we have collected, used and shared your Personal Information during the past 12 months.
Right to Access
You can request a copy of the Personal Information that we maintain about you.
Right to Delete
You may request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
Right to Correct
You may request that we correct any of your Personal Information that has become outdated or needs correction for any reason.
Exercising Your Rights
To access or delete specific pieces of Personal Information we will need to verify your identity to the degree of certainty required by law. As permitted by applicable law, any request you submit to us is subject to an identification and residency verification process (a “Verifiable Consumer Request”). We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected Personal Information. California, Colorado and Virginia residents may exercise their rights described above by emailing us at [email protected] with subject line “Verifiable Consumer Request.”
Only you, or someone legally authorized to act on your behalf (an “Authorized Agent”), may make a request to know or delete related to your personal data. We require Authorized Agents to provide written authorization confirming they may submit a request on your behalf. You may only submit a request to know twice within a 12-month period. We endeavor to substantively respond to a Verifiable Consumer Request within forty-five (45) days of its receipt, unless we require an extension. If we reasonably require an extension, we will inform you of the reason and extension period.
Once we receive your request and confirm your identity, we will review your request. We may deny your request if retaining the information is proper and necessary or if an exception allowing us to retain the information applies. If we deny your request, you may submit an appeal. Instructions for how to submit your appeal will be included in our response explaining why we denied your request.
Non-Discrimination
We will not discriminate against you for exercising any of your data subject rights. We do not charge a fee to process or respond to your Verifiable Consumer Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Contact Us
The Site and Services are operated by My Custom Phone If you have any questions or concerns related to this Privacy Notice please contact us at: [email protected].