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Privacy Policy

To have a clear understanding of the conditions and business practices of Black Note and the guidelines on how to conduct business with us, make sure to review our Privacy Policy.

WWW.BLACKNOTE.COM PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) applies to the website located at blacknote.com, Black Note mobile applications, and any other websites or applications associated with Black Note brands or products that direct the viewer or user to this Privacy Policy. In this Privacy Policy, the terms “Black Note”, “we”, and “us” refers to Black Note Corporation and its respective subsidiaries and affiliated companies. The term “your device” refers to any computer, tablet, smart phone or other device you are using to access our websites or to operate the Black Note mobile applications. Websites that are owned and operated by Black Note may contain links to websites that are owned and operated by other companies. This Privacy Policy does not apply to websites and services that are owned and operated by third parties.

We may update this Privacy Policy from time to time. If we make material changes, we will post the updated Privacy Policy on this page. 

Information We Collect: As you use our websites and mobile applications or visit one of our stores, we collect information about you and the services you use. The information we collect falls into three different categories: (1) information you give us; (2) information we collect from you automatically; and (3) information we collect from other sources. Some examples of when we collect this information include when you browse or make a purchase on one of our websites; create a Black Note account; use our website or mobile application to purchase, buy or send a gift card or e-gift, or participate in a survey or promotion.

Information You Give Us: Some information we collect is provided when you use our services. This may include your first and last name, username, password, email address, postal address, phone number, financial account information such as a credit card number, birthday, demographic information (such as your gender), and any other information you give us. You may also permit us to access information directly from your device, such as information in the “contacts list”. You may also provide us information about other people, including when you direct us to send a gift card or e-gift.

Information We Collect Automatically: Some information is collected by us automatically, including when you access our websites, or otherwise use our services or install our applications.

This information includes:

Purchasing Information – We may collect information about your transactions in our stores, on our websites, including what products you purchase, how frequently you purchase them, any promotions associated with a purchase, and the products you have placed in your “Shopping Cart” for future purchase.

Device and Usage Information –We may collect information about your browser or device. This information may include the type of device you are using, your operating system, your browser, your internet service provider, your domain name, your internet protocol (IP) address, your device and mobile ad identifiers, the website that referred you to our website, the web pages you view (including the date and time you viewed them), the services or functionality you access or use (including the date and time of your access or use), and the subject of the ads you click or scroll over. To collect this information, we use cookies, web beacons and similar technologies.

Location Information –We may collect information about the location of your device, including GPS location, for purposes of enhancing or facilitating our services. We may also use information about the location of the device you are using to help us understand how our websites, mobile applications, and other services and functionality are being used and to deliver more relevant advertising. If you want to opt out of the collection of this location information,

please visit: Information

We Collect from Other Sources: Some information we collect is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you.

How We Use Your Information: We may use the information we collect about you in a variety of ways, including to:
– process your purchases of or requests for products and services;
– communicate with you about orders, purchases, returns, services, accounts, programs, contests, and sweepstakes;
– respond to your customer service inquiries and requests for information;
– post your comments or statements on our websites;
– send you personalized promotions and special offers;
– inform you about our brands, products, events, or other promotional purposes;
– maintain, improve, and analyze our websites, mobile applications, ads, and the products and services we offer;
– detect, prevent, or investigate security breaches or fraud;
– maintain appropriate records for internal administrative purposes;
– facilitate the functionality of our websites and mobile applications;
– provide important product safety information and notice of product recalls.

How We Share Your Information: We may share your information in the following circumstances:

When We Work Together – We may share information between and among Black Note Corporation, its subsidiaries, and affiliated companies for purposes of management and analysis, decision making, and other business purposes. For example, we may share your information with our subsidiaries and affiliated companies to administer our loyalty programs, process orders and requests, and expand and promote our product and service offerings.

When We Work with Service Providers – We may share your information with service providers that provide us with support services, such as credit card processing, website hosting, email and postal delivery, location mapping, product and service delivery, analytics services, or conducting academic research.

When We Work on Business Transactions – If we become involved with a merger or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer.

When Sharing Helps Us Protect Lawful Interests – We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to adhere to local, state and federal compliance, enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Black Note or our customers or partners.

When We Work with Marketing Service Providers – We may share your information with marketing service providers to assess, develop and provide you with promotions and special offers that may interest you, administer contests, sweepstakes and events or for other promotional purposes.

When You Give Consent – We may share information about you with other companies if you give us permission or direct us to share the information.

When the Information Does Not Identify You – We may share your information in a way that does not directly identify you. For example, we may share information about your use of our websites and mobile applications in a manner that does not identify you or may combine information about the nature or frequency of your transactions with similar information about other people and share the aggregated information for statistical analysis and other business purposes.

When You Post on Our Websites – If you post information on a blog or another part of our websites, the information that you post may be seen by other visitors to our websites, including your user name.

How We May Allow Others to Collect Your Information: When you use our websites or mobile applications, we may allow third parties to collect device and usage information and location information across your different devices through mobile software development kits, cookies, web beacons and other similar technologies. These third parties collect this information for the following purposes and for other purposes consistent with their own privacy policies:

To Display Ads for Products or Services – We allow some advertising companies to collect this information in order to display ads that are most relevant to you across your different devices and on our own and others’ websites.

To Understand the Use of Our Services – We allow certain service providers to collect this information to help us understand how our websites and mobile applications are used and to assist us in improving the content and operation of our online properties. These service providers collect aggregate statistical usage data that is not matched or linked to any individual user.

To Link Your Activity on Our Websites to Your Social Networks – We have added certain features to our websites and mobile applications that allow social networks (such as Facebook, Twitter, and Google+) to track the activities of their members or collect certain information when they use our website or mobile applications. These features may include technologies called “plug-ins” and “widgets.” Plug-ins create a direct link between two websites, and widgets are interactive mini-programs that provide other companies’ services on our websites. If you are concerned about the way a social network is tracking your activity, please contact the social network or review its privacy policy. 

Cookies, Web Beacons and Similar Technologies: We and others may use a variety of technologies to collect information about your device and use of our websites and mobile applications. These technologies include cookies, web beacons, java scripts, entity tags, and HTML local storage. Most web browsers can be programmed to accept or reject the use of some or all of these technologies, although you must take additional steps to disable or control other technologies. 
 
Cookies – Cookies are small data files that are sent from a website’s server and are stored on your device’s hard drive either for only the duration of your visit (“session cookies”) or for a fixed period (“persistent cookies”). Cookies contain information that can later be read by a web server.

Web Beacons – Web beacons are small, transparent images that are embedded in web pages, applications, and emails that are sometimes called “clear gifs,” “single pixel gifs”, “page tags” or “web bugs.” We use web beacons to track the web pages you visit, to test the effectiveness of our marketing, and to find out if an email has been opened and acted on.

Java Scripts – Java scripts are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components.

Entity Tags — Entity Tags are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser and validates these caches when the website is opened, accelerating website performance since the web server does not need to send a full response if the content has not changed.

HTML5 Local Storage – HTML5 local storage allows data from websites to be stored or “cached” within your browser to store and retrieve data in HTML5 pages when the website is revisited.

These and similar technologies are used for the following purposes:

Services and Functionality – Some of these technologies are required to allow you to access and use our websites or mobile applications and the various services and functionality we offer. Without these technologies, some of the services and functionality on our websites and mobile applications would not work properly.

Performance Monitoring – Some of these technologies help us analyze and estimate traffic and assess the volume of use of services and functionality on websites and mobile applications. They show us how visitors and customers interact with our digital properties, whether there are any errors, the degree to which certain web pages, applications, services or functionality are accessed and used and how they are performing or operating. When these technologies are used for performance monitoring, no information that identifies you is collected.

User Convenience – Some of these technologies enhance the ease of use of our websites and mobile applications and the services and functionality they make available by accelerating load and refresh times and remembering information that you have provided on prior visits to our websites or when you last used a website or mobile application service or functionality.

Marketing – Some of these technologies are used to tailor your experience on our website, within our mobile applications, or across your applications or devices by controlling the promotions, advertisements and other marketing messages that may appear when you access or use these or other digital properties. These technologies also help us learn which services and functionality you are using and how you are accessing information about us. We may use this information to personalize your visit to a website or use of a mobile application or to send you relevant promotions and advertisements.

Promotional Communication Choices: You can opt out of receiving promotional emails and mailings by informing us of your preference at the time you sign up for a Black Note account, modifying your promotional preferences online in your account’s profile management section, or following the opt out instructions in the promotional emails we send you. Similarly, you may opt in to receive text messages, telephone calls and mailings. 
Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your accounts or purchases.

Location Information –You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your Wi-Fi, Bluetooth, and other device settings. See your device settings for more information.

Cookies, Web Beacons and Similar Technologies – You may be able to reject cookies, web beacons, entity tags and HTML5 local storage by adjusting the appropriate settings in your browser. 

Adobe Flash Player Technology – We allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. You cannot remove Flash cookies simply by changing your browser settings. 

How to Manage Your Account Information: Upon request we will provide you with information about whether we hold any of your personal information. You may access, correct, or remove your personal information by visiting https://www.blacknote.com/help-topics/privacy-policy

How We Protect Your Information: Black Note protects your information using technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. When you transmit highly sensitive information (such as a credit card number) through our website or in one of our mobile applications, we encrypt the transmission of that information using the Secure Sockets Layer (SSL) protocol. While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure.

Use by Adults: Black Note websites or online services are not intended to be used by anyone under the age of 21.

CALIFORNIA RESIDENTS PRIVACY POLICY
This California Residents Privacy Policy (“Privacy Policy”) supplements the Black Note Privacy Policy and applies to California residents. All terms in this Statement have the same meaning as in the Black Note Privacy Policy.

If you are a California resident, you can request a notice disclosing the categories of personal information we have shared with third parties for the third parties’ direct marketing purposes. To request a notice, please submit your request by email to [email protected] or postal mail to:

Black Note, Inc.
ATTN: Customer Service
50 Tesla, Irvine, CA 92618.

Information We Collect
As you use our websites and mobile applications or visit one of our stores, we may collect information about you and the services you use. Some examples of when we may collect this information include when you browse or make a purchase on one of our websites; create a Black Note account; or participate in a survey or promotion. The information we may have collected over the past twelve months falls into six different categories:

Category A: Identifiers – We may collect information such as your email address or account name.

Category B: Personal information categories as described in Cal. Civ. Code § 1798.80(e)) – We may collect information such as name, address, or financial information.

Category D: Commercial information – We may collect information about your previous purchases or consuming tendencies.

Category F: Internet or other similar network activity – We may collect information about your browsing history, search history, interaction with our website, application, or advertisements.

Category G: Geolocation data – We may collect information about your physical location or movements. We may collect information about the location of your device, including GPS location, for purposes of enhancing or facilitating our services, such as enabling the functionality of our websites or have certain Black Note products delivered by a third-party vendor. We may also use information about the location of the device you are using to help us understand how our websites, mobile applications, and other services and functionality are being used and to deliver more relevant advertising. If you want to opt out of the collection of this location information, please see the visit:

Category K: Inferences drawn from other personal information – We may collect Information about your preferences.

The information in the categories listed above might be collected as you use our websites. The information we may collect falls into three different categories: (1) information you give us; (2) information we collect from you automatically; and (3) information we collect from other sources.

How We Use Your Information 
We may use the information we collect about you in a variety of ways, including to:

process your purchases of or requests for products and services;
communicate with you about orders, purchases, returns, services, accounts, programs, contests, and sweepstakes;
respond to your customer service inquiries and requests for information;
post your comments or statements on our websites;
send you personalized promotions and special offers;
inform you about our brands, products, events, or other promotional purposes;
maintain, improve, and analyze our websites, mobile applications, ads, and the products and services we offer;
detect, prevent, or investigate security breaches or fraud;
maintain appropriate records for internal administrative purposes;
facilitate the functionality of our websites and mobile applications;
provide important product safety information and notice of product recalls; and
ensure compliance with local, state, and federal regulations.

How We Share Your Information
We may share your information for a business purpose in the following circumstances:

When We Work Together – We may share information between and among Black Note Corporation, its subsidiaries, and affiliated companies for purposes of management and analysis, decision making, and other business purposes. For example, we may share your information with our subsidiaries and affiliated companies to administer our loyalty programs, process orders and requests, and expand and promote our product and service offerings.

When We Work with Service Providers – We may share your information with service providers that provide us with support services, such as credit card processing, website hosting, email and postal delivery, location mapping, product and service delivery, analytics services, or conducting academic research.

When We Work on Business Transactions – If we become involved with a merger or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer.

When Sharing Helps Us Protect Lawful Interests – We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to adhere to local, state and federal compliance, enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Black Note or our customers or partners.

When We Work with Marketing Service Providers – We may share your information with marketing service providers to assess, develop and provide you with promotions and special offers that may interest you, administer contests, sweepstakes and events or for other promotional purposes.

When We Work with Third Parties – If you consent, we may share your information with third parties.

When You Give Consent – We may share information about you with other companies if you give us permission or direct us to share the information.

When the Information Does Not Identify You – We may share your information in a way that does not directly identify you. For example, we may share information about your use of our websites and mobile applications in a manner that does not identify you or may combine information about the nature or frequency of your transactions with similar information about other people and share the aggregated information for statistical analysis and other business purposes.

In the preceding twelve months we have not disclosed personal information.

How We Sell Your Information
In the preceding twelve months we have not sold personal information.

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, if applicable, we will disclose to you:

The categories of personal information we collected about you
The categories of sources for the personal information we collected about you Our business or commercial purpose for collecting or selling that personal information The categories of third parties with whom we share that personal information
The specific pieces of personal information we collected about you (also called a data portability request)
If we sold or disclosed your personal information for a business purpose: the personal information categories that each category of recipient purchased; or the personal information categories that each category of recipient obtained

Deletion Request Rights
You have the right to request that we delete, to the extent permitted by law, any of your personal information that we collected from you and retained, subject to certain exceptions.

Opting Out
You have the right at any time to direct us not to sell your personal information, which is your right to opt-out. In the preceding twelve months we have not sold personal information.

Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, submit a verifiable consumer request to us by either submitting your request by email to [email protected]; or

Mailing your request to:
Black Note, Inc.
ATTN: Customer Service
3857 Birch St. Suite 192
Newport Beach CA 92660

Anytime you send Black Note an e-mail, a text message (SMS) or sign into our website at blacknote.com, you are communicating with us in an electronic format. This gives Black Note the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. Therefore, both parties mutually agree that any agreements, disclosures or notices, contracts or any other communication provided to you by Black Note satisfies all legal notification requirements.

SMS Marketing Data

When you opt-in to our SMS marketing services, you agree to receive recurring automated promotional and personalized marketing text messages. The phone number you provide will be used for this purpose. You can opt-out at any time by replying with 'STOP'. For more details on how to seek assistance or more information, reply with 'HELP'. Please note that standard messaging and data rates may apply based on your mobile carrier and plan. For more details on terms of service related to SMS marketing, please refer to our Terms and Conditions.

User and visitor access to blacknote.com is governed by all applicable federal, state, and local laws. All information available on blacknote.com is subject to U.S. export control laws and may also be subject to the laws of the country where you live.

Black Note, blacknote.com and other logos, button icons, graphics and scripts are trademarks of Black Note, Inc.

All content included on blacknote.com, such as text, images, audio and video clips, photos, icons, seals, stamps, graphics, logos, forms, digital downloads, data compilations, are protected by United States and international copyright laws. Information on blacknote.com may NOT be copied or reproduced in any form, or by any means without prior written permissions from Black Note. Users or visitors are not permitted to publish, modify, distribute, create or copy related works of any material found on blacknote.com or any Black Note publication for any private, public or commercial purpose.

Black Note grants the person interacting with it a limited license to access and make personal use only of the – blacknote.com Site. Such grant does not include, without limitation:
– Download or modify any portion of the blacknote.com, except through page storing.
– Any resale or commercial use of blacknote.com or its content.
– Making derivative uses of blacknote.com and its contents.
– Any downloading or copying of information for benefit of a third party.
– The collection and use of any product listings or descriptions.
– Use of any data mining, robots, or similar data gathering and extraction method.

Except as noted above, you are not provided any right or license by implication or otherwise in or under any patent, trademark, copyright, or proprietary right of Black Note, or any third party.

Any unauthorized use will immediately terminate your permission to use blacknote.com. You may not use any Black Note text, images, audio and video clips, photos, icons, seals, stamps, graphics, logos, forms, digital downloads, or data compilations without the express written permission of Black Note.

blacknote.com attempts to be as accurate as possible when posting content.

All items purchased from blacknote.com or from the Black Note offices or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

If you use blacknote.com, you are responsible for keeping your account and password confidential and for restricting access to your computer. Further, you agree to accept responsibility for all activities that occur under your account or password. Black Note only sells its products to adults of legal smoking age, who own a credit card and can purchase with one. If you are under the legal smoking age, blacknote.com will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

We cannot confirm the price of an item until you register online and complete an online order form. Please note that this policy applies only to Black Note products sold on blacknote.com and shipped by Black Note. If a third-party site quotes prices different from blacknote.com, your only remedy is to contact the third-party site to settle any dispute.

By visiting blacknote.com, you agree that the laws of the United States and of the State of California, without regard to principles of conflict of laws, will govern theses of Use and any dispute of any sort that might arise between you and blacknote.com.

Black Note products, blacknote.com and all information, materials, products, content, software and services included on or otherwise made available to you through blacknote.com are provided by blacknote.com on an “as is” basis, unless otherwise specified in writing.

blacknote.com makes no representations of any kind, express or implied, as to the products or the operation of blacknote.com or the information, materials, products, content, software or services included on or otherwise made available to you through blacknote.com, unless otherwise specified in writing. You agree that your use of Black Note products or blacknote.com is at your sole risk.

To the full extent permissible by applicable law, Black Note and blacknote.com does not warrant that Black Note products; blacknote.com; information, materials, products, content, software, or services included on or otherwise made available to you through blacknote.com; their services; or email sent from blacknote.com are free of defects, viruses or other harmful components. Neither Black Note nor blacknote.com will not be liable for any damages of any kind arising from the use of Black Note products, blacknote.com or from any information, materials, products, content, software or services included on or otherwise made available to you through blacknote.com, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Disputes Any dispute relating in any way to your visit to blacknote.com or to products you purchase through blacknote.com shall be submitted to confidential arbitration in Irvine, California, except that, to the extent you have in any manner violated or threatened to violate Black Note’s intellectual property rights, Black Note may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Please review Black Note’s other policies such as Shipping and Refunds policy posted on blacknote.com, which are also part of this Terms & Conditions. These policies also govern your visit to blacknote.com. Black Note reserves the right to change any and all content contained on blacknote.com at any time without notice. Where blacknote.com is concerned, if any provision of its terms shall be deemed unlawful, void, or for any reason un-enforceable, that specific provision shall be deemed severable from these ‘Terms and Conditions’ and shall not affect the validity and enforceability of any remaining provisions.

BLACK NOTE WEB ACCESSIBILITY
Black Note is committed to diversity, inclusion, and accessibility in everything we do. With this in mind, we are continuously taking steps to improve blacknote.com and ensure it complies with the best practices and standards defined by Section 508 of the U.S. Rehabilitation Act and the Web Content Accessibility Guidelines (“WCAG”) of the World Wide Web Consortium.
Our website is monitored and tested periodically by internal and third-party accessibility consultants. These people help us identify usability issues and discover new solutions to further improve the accessibility of our site.
Accessibility Features
Alternative text detail for appropriate images and other non-text elements.
Title attributes for additional information about links and indication of new browser windows.
Structural markup to indicate headings and lists to aid in page comprehension.
Association of forms with labels.
Association of all data cells in a data table with their headers.
JavaScript and style sheets to enhance the appearance and functionality of the site. If these technologies are not available, alternative content is provided where necessary to ensure a usable experience.
Further accessibility efforts are underway. As we continue to improve our website, we will reflect any changes here within our accessibility statement. That way you’ll know about the progress we’re making.

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