Privacy Policy

Pink Chicken, Inc. ("Pink Chicken New York”) Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from pinkchicken.com (the “Site”).  Pink Chicken New York (“we”, “us”, “our”) will not sell, share, or rent this information to others in ways different from what is disclosed in this privacy policy (as amended from time to time). 

Pink Chicken New York reserves the right to change this policy at any given time, of which the Site will be promptly updated.  If you want to make sure that you are up to date with the latest changes to this policy, we advise you to frequently visit this page.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Once you agree to allow the Site to use cookies, you also agree to use the data it collects regarding your online behavior (including analyzing web traffic, web pages on which you spend time, and websites you visit). The data we collect by using cookies is used to customize our Site to your needs.  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.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.  We refer to this information as “Order Information.”

Order Information may also include information you provide when you enter a contest or promotion, report a problem with the Services or Products, provide responses to surveys, and records and copies of your correspondence, if you contact us.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?  We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Personal Information to:

Communicate with you;

Screen our orders for potential risk or fraud;

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services; and

For any other purpose for which you provide consent.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

MINORS

Pink Chicken New York does not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 years of age or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site.  If we learn that personal information from users under the age of 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of data we may have collected from a person under the age of 18, please contact us at customerservice@pinkchicken.com.

CALIFORNIA PRIVACY RIGHTS

SHINE THE LIGHT

Information Request

California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us (once per year and free of charge): 

• 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.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• Sales, identifying the personal information categories that each category of recipient purchased; and
• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

If you are a California resident and would like to make such a request, please submit your request in writing to Pink Chicken New York using the contact information provided in this privacy policy.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "Right to Delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
5. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
6. Comply with a legal obligation.
7. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or de identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights

To exercise your rights to know or delete described above, please submit a request utilizing the Pink Chicken New York contact information provided in this privacy policy.

No Discrimination

Pink Chicken New York will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act (“CCPA”) or any other applicable privacy law (collectively, “Privacy Laws”). Unless permitted by the Privacy Laws, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

OTHER STATE PRIVACY RIGHTS

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

If you are a resident of any of these states, to exercise any of these rights please contact us at customerservice@Pinkchicken.com.

Furthermore, Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to customerservice@Pinkchicken.com. However, please know we do not currently sell data triggering that statute's opt-out requirements.

LINKS TO OTHER WEBSITES

Our Site may contain links that lead to other websites. If you click on these links, Pink Chicken New York is not responsible for your data and privacy protection while using those other websites.  Visiting those websites is not governed by this privacy policy. Make sure to read the privacy policy of any website you linked to from our Site.

SHARING YOUR PERSONAL INFORMATION

While we will not sell your Personal Information to third parties, we do share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here:  https://www.shopify.com/legal/privacy.  We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Notwithstanding the above, we may disclose aggregated information (that does not identify any individual) about our users without restriction.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.

DO NOT TRACK

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.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information set forth in this privacy policy.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed within this privacy policy.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

SALE OR BANKRUPTCY

Notwithstanding any statements to the contrary in this privacy policy, we may transfer your information to a successor entity in the event that Pink Chicken New York reorganizes, sells all or a portion of our assets, undergoes a merge or is acquired by another entity.  If we go out of business or enter bankruptcy, your information would be considered an asset transferred or acquired by a third party.  By use of our Site, you acknowledge that such transfers may occur and that the transferee may decline to honor commitments we have made in this privacy policy.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.  It is our policy to post any changes we make to our privacy policy on this page.  The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our website and this privacy policy to check for any changes.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at customerservice@Pinkchicken.com or by mail using the details provided below:

307 7th Avenue, Suite 1601, New York, NY, 10001, United States

Updated February 1, 2023