Last Updated: August 06, 2025

Hard Jewelry® Privacy Policy

Summary

The following Hard Jewelry® Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, sharing and storage of your personal information and other information that we collect from you when you: (a) access and/or use the Hard Jewelry® website located at www.hardjewelry.com (the “Site”); and/or (b) download, attempt to download and/or use the Hard Jewelry® mobile application (the “App”). The Hard Jewelry® Offerings are owned and operated by Hard Jewelry LLC (collectively, “Hard Jewelry®” “we,” “our” or “us”). Capitalized terms not defined herein shall have the meaning set forth in the Hard Jewelry® Mobile Application End-User License Agreement and Website Terms and Conditions (the “Terms”)

Background

This Privacy Policy covers our treatment of personal information and other information that we collect when you: a) access and/or use the Site; (b) download, attempt to download and/or use the App and associated Software, as made available on the iPhone® and iPad®, as well as Android® and other mobile devices, where and to the extent available (collectively, “Mobile Devices”) by and through the Apple® App Store, the Google Play® store and other applicable venues, where and to the extent available (collectively, “Download Venues”); (c) access certain text, images, video, audio, Reviews, and other content and information relating to the Hard Jewelry® Offerings as made available by: (i) Hard Jewelry® (collectively, “Hard Jewelry® Content”); and/or (ii) third parties (“Third-Party Content”); (d) download certain content made available to users, such as wallpapers and custom desktop cursors (“Downloadable Content,” and together with the Hard Jewelry® Content and Third-Party Content, the “Content”); (e) purchase any of the Hard Jewelry® products featured on the Site (collectively, “Hard Jewelry® Products ”); (f) register to receive our email newsletter (“Newsletter”), which contains updates and promotions associated with various Hard Jewelry® Products; (g) register to receive SMS text message alerts and offers from Hard Jewelry® (“Mobile Message Service”), which contain updates and promotions associated with various Hard Jewelry® Products (the Mobile Message Service is subject to the Mobile Service Terms set forth below); (h) obtain information about upcoming Hard Jewelry® live events, such as pop-up stores, in-person giveaways and in-person sales (collectively, “Events”); (i) submit original artwork to Hard Jewelry® (“User-Submitted Art”); (j) access links to the Hard Jewelry® social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Discord®, Instagram®, TikTok®, X® and YouTube® (collectively, “Social Media Websites”), as well as the associated message boards, comment sections, messaging functionality and other interactive features associated with the Social Media Pages (“Interactive Services”); (k) submit Hard Jewelry® Product reviews (collectively, “Reviews”); (l) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Hard Jewelry® (collectively, the “Contact Services,” and together with the Site, App, Content, Hard Jewelry® Products, Newsletter, Mobile Message Service, Events, Social Media Pages, Interactive Service and Reviews, the “Hard Jewelry® Offerings”); and/or (m) otherwise affirmatively consent to this Privacy Policy and/or the Terms.

Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by calling us at: (888) 376-1814; emailing us at: support@hardjewelry.com; or sending us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 184 20th St., Ogden, Utah 84401.

IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE HARD JEWELRY® OFFERINGS.

Apple®, Apple App Store®, Apple Pay®, iPhone® and iPad® are registered trademarks of Apple, Inc. (“Apple”). Instagram® is a registered trademark of Meta Platforms, Inc. (“Meta”). Android®, Google Pay®, Google Play® and YouTube® are registered trademarks of Google, Inc. (“Google”). Discord® is a registered trademark of Discord Inc. (“Discord”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). X® is a registered trademark of X Corp. (“X”). Please be advised that Hard Jewelry® is not in any way affiliated with Apple, Meta, Google, Discord, TikTok or X, and the Hard Jewelry® Offerings are not endorsed, administered or sponsored by any of the foregoing entities. Additional Rights Applicable to Residents of the European Union and United Kingdom; Data Controller; EU and UK Representatives

Please note, Hard Jewelry® is considered the “Data Controller” in connection with the Personal Data (as defined below) collected pursuant to this Privacy Policy for purposes of applicable data protection laws, including the European Union’s (“EU”) General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK GDPR”). For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. VeraSafe has been appointed as Hard Jewelry’s Data Protection Officer, they may be contacted Online: https://verasafe.com/about-us/contact-us/

By email: experts@verasafe.com

By mail:

VeraSafe, LLC

100 M Street S.E., Suite 600

Washington, D.C. 20003 USA

By telephone: +1(617)398-7067

This Privacy Policy is intended to comply with the GDPR and UK GDPR. If you are a resident of the EU or UK, you have the following rights, subject to certain limitations and exceptions imposed by the GDPR and UK GDPR, respectively:

1. Right to Access – this is the right to request copies, in a machine readable format, of those portions of your Personal Data that we have collected.
2. Right to Correct – this is the right to have Personal Data in our possession or control corrected if it is accurate or incomplete.
3. Right to Erasure – this is the right to ask us to delete or remove your Personal Data from our systems.
4. Right to Restrict Use – this is your right to block us from using, or to limit the ways we can use, your Personal Data.
5. Right to Data Portability – this is your right to request that certain of your Personal Data be transferred to a different provider.
6. Right to Object – this is your right to object to our use of your Personal Data, including when we use it for our legitimate interests, including for marketing purposes.

We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that deleting your Personal Data may terminate your access to certain of the Hard Jewelry® Offerings. If you wish to continue using the full complement of Hard Jewelry® Offerings, you may not be able to delete all of the Personal Data that we have on file for you.

Please be further advised that, after you delete your Personal Data, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

If you have questions relating to the above rights, you can contact us at: support@hardjewelry.com.

If you are not satisfied with how we have responded to any request that you submit to us regarding the above rights, you may be able to raise your complaint with the Data Protection Authority in your jurisdiction. You can find your national Data Protection Authority here.

If you are located in the United Kingdom or the EU, you may contact Achieved Compliance Advocacy, our appointed representative in the UK and the EU, at the following addresses:

EU

Online: https://verasafe.com/public-resources/contact-data-protection-representative

By mail:

VeraSafe Netherlands BV

Keizersgracht 555

1017 DR Amsterdam

Netherlands

By telephone: +420 228 881 031

UK

Online: https://verasafe.com/public-resources/contact-data-protection-representative

By mail:

VeraSafe United Kingdom Ltd.

37 Albert Embankment

London SE1 7TL

United Kingdom

By telephone: +44 (20) 4532 2003.

Legal Basis

We collect Personal Data that you provide to us, e.g., if you email our customer service department, to fulfill your request to receive additional information or for the purpose of handling the contractual relationship that you have with Hard Jewelry®. We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest, or pursuant to the contractual relationship that exists between you and Hard Jewelry®.

State Specific Privacy Rights

Residents of the States of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia, businesses organized under the laws of the State of California, as well as California-based employees of, and California residents who submit job applicants to, Hard Jewelry® (collectively, “Covered Users”) are afforded additional rights pursuant to applicable state law. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights as a Covered User.

1. Your California Privacy Rights

Shine the Light. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: support@hardjewelry.com; or send us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 204 25th St., Suite #200, Ogden, Utah 84401.

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: support@hardjewelry.com; or send us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 204 25th St., Suite #200, Ogden, Utah 84401. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.

California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to delete the personal information we have collected about you, and the right to opt-out of our sale of your Personal Information, as well as the right to know what Personal Information about you we have collected, whether your Personal Information was shared with third-parties in the preceding year and, if so, what categories of Personal Information were shared, as well as the categories of third parties with whom we shared that Personal Information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under as a Covered User.

The California Privacy Rights Act (“CPRA”). In addition to the foregoing, if you are a resident of the State of California, certain other privacy-related rights may apply to you in accordance with the CPRA, including the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, the right to correct personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to know how long we retain your sensitive and non-sensitive personal information, the right to know what sensitive personal information about you we have collected, whether your sensitive personal information was shared with third-parties in the preceding year and, if so, what categories of sensitive personal information were shared, as well as the categories of third parties with whom we shared that sensitive personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the CPRA as a California State resident.

Browser “Do Not Track” Signals. Most browsers contain a “do-not-track” setting. In general, when a “do- not-track” setting is active, the user’s browser notifies other websites that the user does not want her/his personal information and online behavior to be tracked and used, for example, for interest-based advertising. As required by California Online Privacy Protection Act (“CalOPPA”), we are required to inform you that, as is the case with most websites, we do not honor or alter our behavior when a Site/App user has activated the “do-not-track” setting on her/his browser; provided, however, that you may have certain rights with respect to the use of automated technologies to deliver targeted advertising to you, as well as to create profiles about you using your personal information.

2. Your Colorado Privacy Rights

If you are a resident of the State of Colorado, certain privacy-related rights may apply to you in accordance with the Colorado Privacy Act (“CPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the CPA as a Colorado State resident.

3. Your Connecticut Privacy Rights

If you are a resident of the State of Connecticut, certain privacy-related rights may apply to you in accordance with the Connecticut Data Privacy Act (“CTDPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt- out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the CTDPA as a Connecticut State resident.

4. Your Delaware Privacy Rights

If you are a resident of the State of Delaware, certain privacy-related rights may apply to you in accordance with the Delaware Personal Data Privacy Act (“DPDPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the DPDPA as a Delaware State resident.

5. Your Indiana Privacy Rights

If you are a resident of the State of Indiana, certain privacy-related rights may apply to you in accordance with the Indiana Data Privacy Law (“IDPL”), including the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the IDPL as an Indiana State resident.

6. Your Iowa Privacy Rights If you are a resident of the State of Iowa, certain privacy-related rights may apply to you in accordance with the Iowa Data Protection Act (“IDPA”), including the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the IDPA as an Iowa State resident.

7. Your Kentucky Privacy Rights

If you are a resident of the State of Kentucky, certain privacy-related rights may apply to you in accordance with the Kentucky Consumer Data Protection Act (“KCDPA”), including the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the KCDPA as a Kentucky State resident.

8. Your Maryland Privacy Rights

If you are a resident of the State of Maryland, certain privacy-related rights may apply to you in accordance with the Maryland Online Data Privacy Act (“MODPA”), including the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the MODPA as a Maryland State resident.

9. Your Minnesota Privacy Rights

If you are a resident of the State of Minnesota, certain privacy-related rights may apply to you in accordance with the Minnesota Consumer Data Privacy Act (“MNCDPA”), including the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the MNCDPA as a Minnesota State resident.

10. Your Montana Privacy Rights

If you are a resident of the State of Montana, certain privacy-related rights may apply to you in accordance with the Montana Consumer Data Privacy Act (“MCDPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the MCDPA as a Montana State resident.

11. Your Nebraska Privacy Rights

If you are a resident of the State of Nebraska, certain privacy-related rights may apply to you in accordance with the Nebraska Data Privacy Act (“NDPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt- out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the NDPA as a Nebraska State resident.

12. Your Nevada Privacy Rights

Nevada State residents have the right to submit opt-out requests to website operators instructing those website operators not to sell any “covered information” that the website operators have collected about Nevada State residents to any third party data broker(s). Covered information includes a consumer’s name, postal and email address, telephone number and Social Security Number, and includes the Information described below in the “Personal Information Collected” section.

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: support@hardjewelry.com; or send us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 204 25th St., Suite #200, Ogden, Utah 84401.

13. Your New Hampshire Privacy Rights

If you are a resident of the State of New Hampshire, certain privacy-related rights may apply to you in accordance with SB 255-FN (“NHDPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the NHDPA as a New Hampshire State resident.

14. Your New Jersey Privacy Rights

If you are a resident of the State of New Jersey, certain privacy-related rights may apply to you in accordance with the New Jersey Privacy Act (“NJPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the NJPA as a New Jersey State resident.

15. Your Oregon Privacy Rights

If you are a resident of the State of Oregon, certain privacy-related rights may apply to you in accordance with the Oregon Consumer Privacy Act (“OCPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the OCPA as an Oregon State resident.

16. Your Rhode Island Privacy Rights

If you are a resident of the State of Rhode Island, certain privacy-related rights may apply to you in accordance with the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”), including the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the RIDTPPA as a Rhode Island State resident.

17. Your Tennessee Privacy Rights

If you are a resident of the State of Tennessee, certain privacy-related rights may apply to you in accordance with the Tennessee Information Protection Act ("TIPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt- out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the TIPA as a Tennessee State resident.

18. Your Texas Privacy Rights

If you are a resident of the State of Texas, certain privacy-related rights may apply to you in accordance with the Texas Data Privacy and Security Act (“TDPSA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt- out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the TDSPA as a Texas State resident.

19. Your Utah Privacy Rights

If you are a resident of the State of Utah, certain privacy-related rights may apply to you in accordance with the Utah Consumer Privacy Act (“UCPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt-out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users below for a more complete description of your rights under the UCPA as a Utah State resident.

20. Your Virginia Privacy Rights

If you are a resident of the State of Virginia, certain privacy-related rights may apply to you in accordance with the Virginia Consumer Data Protection Act (“VCDPA”), including the right to correct personal information we have collected about you, the right to delete the personal information we have collected about you, the right to opt-out of our use/sharing of your sensitive personal information, the right to opt- out from the use of your personal data for certain profiling activities, the right to opt-out of the use of your personal information for targeted advertising, and the right to opt-out of our sale/sharing of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our Privacy Provisions for Covered Users belowfor a more complete description of your rights under the VCDPA as a Virginia State resident.

Privacy Policy Quick Links

Below are links to key sections of our Privacy Policy:

Personal Information Collected

Use and Sharing of Personal Information

Mobile Message Service

Non-Personal Information Collection and Use

Security of Your Personal Information

Children's Privacy

Opt-Out/Unsubscribe

Deleting, Modifying and Updating Your Information

Changes to this Privacy Policy

Contact Us

Privacy Provisions for Covered Users

Personal Information Collected
For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you register for certain of the Hard Jewelry® Offerings. The information that we may request when you attempt to access Hard Jewelry® Offerings, may include, but is not limited to: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information or other Payment Method information (where purchasing Hard Jewelry® Products); (f) date of birth; and/or (g) any other information requested by us on the applicable registration Form. We may also collect your personal information when you otherwise agree to the terms of this Privacy Policy, but do not complete the applicable registration process in full. For purposes of this Privacy Policy, item (e) in the preceding paragraph will be considered “Sensitive Information.”

Use and Sharing of Personal Information
If you participate in Events or other activities in connection with the Hard Jewelry® Offerings, we may share your personal information (other than Sensitive Information) with entities that partner with us to provide these Events or other activities. If you otherwise provide express consent in connection with any Hard Jewelry® Offerings, we may share your personal information with third parties for the marketing purposes detailed in connection with the consent requested. Further, personal information that may be collected automatically by third parties, such as Meta (using the Meta Ads® and Meta Pixel® technologies) and Google (using the Google Analytics® technology), may be used by those entities. Please see the “Behavioral Tracking” section below for more information about the data collection and usage policies of Google and Meta.

Other than as set forth in the preceding paragraph, Hard Jewelry® will never sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes.

Where you register to access any of the Hard Jewelry® Offerings, we use the personal information that you make available to personalize your experience with the Site and App, facilitate your purchase of applicable Hard Jewelry® Products, facilitate the provision of the applicable Hard Jewelry® Offerings to you and for verification purposes. You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Hard Jewelry® Offerings, and to keep you informed of our other products and/or services, as well as third-party products and/or services, that we think may be of interest to you.

In addition, if you identify yourself to us by sending us an email or some other communication with questions or comments, we may use such information (including personal information) to respond to your questions or comments, and we may file your questions or comments for future reference. The personal information that you submit to Hard Jewelry® remains your property, but by making that personal information available to Hard Jewelry®, you grant Hard Jewelry® the right, subject to applicable state and federal law, to use that personal information to send you communications that contain offers from Hard Jewelry® and certain third party partners that Hard Jewelry® believes may be of interest to you. If you wish to stop receiving future communications from us, please see the Opt-Out/Unsubscribe section below.

We may permit our third-party agents, service providers, vendors and subcontractors to access your personal information, but they are only permitted to do so in connection with performing services for us and/or to facilitate our provision of the Hard Jewelry® Offerings. They are not authorized to use that personal information for their own benefit.

We may also supplement the information that we collect with information from other sources to assist us in evaluating and improving the Hard Jewelry® Offerings, and to determine your preferences so that we can tailor the Hard Jewelry® Offerings to your needs.

By submitting your personal information by and through the Hard Jewelry® Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations. Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls (including text alerts via SMS text messages) from Hard Jewelry® delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Hard Jewelry® Offerings, and your consent simply allows Hard Jewelry® to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Hard Jewelry® of the Phone Number Change via e-mail at: support@hardjewelry.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information (including Sensitive Information): (i) in the event that we believe that the Hard Jewelry® Offerings are being, or have been, used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iii) if we are sold, merged or acquired (collectively, “M&A Transactions”) (including where we share your personal information in connection with the due diligence process associated with a potential M&A Transaction); or (iv) if we are the subject of bankruptcy proceedings; provided, however, that if we are involved in an M&A Transaction or bankruptcy proceeding, you will be notified via email and/or a prominent notice on the Site and in the App of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

Mobile Message Service
Where you register for the Mobile Message Service, and otherwise provide "prior express consent" within the meaning of the TCPA, you consent to receive SMS messages, delivered via automated technology, from Hard Jewelry® to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase of Hard Jewelry® Products. The messages that you receive in connection with the Mobile Message Service shall consist of promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders). Standard message and data rates may apply to any SMS/text messages.

Text the keyword “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT” to cancel. After texting STOP,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT,” you will receive one (1) additional message confirming that your request has been processed. You acknowledge that our Mobile Message Service may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT” keyword commands and agree that Hard Jewelry® and its service providers will have no liability for failing to honor such requests. You may text "HELP," or email us at: support@hardjewelry.com for help. We shall not be liable for delayed or undelivered messages.

Credit Card and Debit Card Transactions
Hard Jewelry® utilizes third-party service providers to provide credit and debit card payment processing services. If you choose to purchase Hard Jewelry® Products with a credit card or debit card, the credit or debit card information provided will be shared with our contracted third-party payment processing service provider(s). Hard Jewelry® requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).

Social Media Websites; Interactive Services
If you engage in any interaction with Hard Jewelry®, other users or any third-party via the Interactive Services and/or by and through any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Interactive Services and/or Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; (b) your IP address may be read, collected and/or used by other users of these websites/services; and (c) where Hard Jewelry® responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Hard Jewelry’s® Social Media Pages. We are not responsible for the personal information that you choose to submit via Interactive Services and/or any Social Media Websites.

Your interactions with the Social Media Pages are governed by the privacy policies of the applicable Social Media Websites. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Websites’ respective privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to the applicable Social Media Website’s privacy notices or policies.

Non-Personal Information Collection and Use

Mobile Device, Geolocation and App Usage Information
We may collect certain non-personally identifiable information about you and your Mobile Device when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) the model type, manufacture and Android version of the Mobile Device; (g) your App session start/stop time and date; and (h) the actions taken while utilizing the App. We use the non- personally identifiable information identified in this paragraph to improve the design and content of the Hard Jewelry® Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze Hard Jewelry® Offerings usage, alter existing Hard Jewelry® Offerings and/or develop new or different Hard Jewelry® Offerings. You understand and agree that we may send push notifications about the Hard Jewelry® Offerings to you by and through your Mobile Device.

IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products and services.

Cookies
When an end-user visits the Site we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable end-user’s computer or other device. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Hard Jewelry® Offerings, including for storing user preferences, improving ad selection and tracking Site-user trends (such as pages opened and length of stay at the Site).

Without limiting the foregoing, when you visit the Site, we may use both a session and a persistent Cookie. This Hard Jewelry®-placed Cookie may contain information (such as a unique user ID) used to track your usage of the Site and in some cases, your e-mail address. Your e-mail address will be saved in this Hard Jewelry®-placed Cookie only if you register with us. A Web beacon allows us to capture certain additional types of information about a visitor's actions on the Site, such as a visitor's Cookie number, the time, date, duration and number of page views, a description of the page where the Web beacon is placed, and details about any items that were purchased.

This Hard Jewelry®-placed Cookie allows us to recognize you when you return to the Site and provides you with access to your account information. If you save your information on the Site or order from us, we may also use Cookies to monitor and maintain information about your use of the Site. The Site also uses Cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart. This information is used to determine when to send cart reminder messages via e-mail or, where authorized, SMS.

We may use Flash Cookies (also known as Local Stored Objects) or other similar technologies. A Flash Cookie is a small data file placed on a computer using Adobe Flash technology that may be installed on your computer or downloaded by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. They help us improve the Site by measuring which areas are of greatest interest to visitors. We do not use Flash Cookies for marketing or behavioral targeting purposes. Flash Cookies are different from browser Cookies and the Cookie management tools provided by your browser will not remove Flash Cookies. You should learn how to manage privacy and storage settings for Flash Cookies. If you disable Flash Cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the Site; provided, however, that certain functions of the Hard Jewelry® Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking
Hard Jewelry® and its third party partners may use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site and App for purposes of tracking end- users’ activities (such as websites visited, advertisements selected and pages viewed) after they leave the Site/exit the App. Hard Jewelry® and its third party partners may use this Tracking Technology to target applicable end-users with advertisements featuring Hard Jewelry® products and services and third- party products and/or services that Hard Jewelry® and/or its third party partners, as applicable, think may be of interest to applicable end-users. To opt out of this behavioral tracking, please: submit an unsubscribe request here.

AdRoll®
We may also use a web analysis tool called AdRoll®, as made available by NextRoll, Inc. (“NextRoll”). NextRoll may collect some or all of the following information by and through the AdRoll® tracking technology: (a) Hard Jewelry® Products and/or Site/App pages viewed for purposes of retargeting ads; (b) click through rates on various ads shown on the Site/App; (c) data on how often ads are shown to users on the Site/App; (d) attribution for purposes of NextRoll ad conversion, as well as conversion rates from third-party sources; and (e) analyzing the impact of different marketing methods on conversion (collectively, “AdRoll Data”). NextRoll shares the AdRoll Data with us. We may combine the AdRoll Data with your personal information, and we and/or NextRoll may use that AdRoll Data to serve you targeted ads after you leave the Site/exit the App. Information pertaining to NextRoll’s use of AdRoll Data and NextRoll’s privacy policy can be found here.

Flexify®
We may use the “Facebook Product Feed®” tracking tool, as made available by Flexify AG (“Flexify”) on the Site/in the App. Flexify may collect some or all of the following information by and through the Facebook Product Feed® tracking technology: (a) city and country of the end-user; (b) device type (desktop, Mobile Device, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “Flexify Data”). Flexify shares Flexify Data with us. We may combine the Flexify Data with your personal information, and we and/or Flexify may use that Flexify Data to serve you targeted ads after you leave the Site/exit the App. Information pertaining to Flexify’s use of Flexify Data and Flexify’s privacy policy can be found here.

Google®
We may use the “Google Analytics®” and other Google third party tracking tools, as made available by Google on the Site/in the App. Google may collect some or all of the following information by and through the Google tracking technologies: (a) city and country of the end-user; (b) device type (desktop, Mobile Device, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “Google Data”). Google shares Google Data with us. We may combine Google Data with your personal information, and we and/or Google may use Google Data to serve you targeted ads after you leave the Site/exit the App. Google’s ability to use and share the Google Data and other information collected about your visits to (and use of) the Site and App is restricted by the Google Analytics Terms of Service, available here, and the Google Privacy Policy, available here. You may learn more about how Google collects and processes data specifically in connection with these tools here. You may prevent your data from being tracked and/or used by Google by downloading and installing the Google Opt-out Browser Add-on, available here.

Klaviyo®
We may also use a web analysis tool called Klaviyo®, as made available by Klaviyo, Inc. (“Klaviyo”). Klaviyo may collect some or all of the following information by and through the Klaviyo tracking technology: (a) personal information submitted by users via registration forms via the Site/App; (b) e-mail and other advertisement open and click through rates; and (c) purchase history on the Site/App (collectively, “Klaviyo Data”). Klaviyo shares the Klaviyo Data with us.

We may combine the Klaviyo Data with your personal information, and we and/or Klaviyo may use that Klaviyo Data to serve you targeted ads after you leave the Site. Information pertaining to Klaviyo’s use of Klaviyo® Data and Klaviyo’s privacy policy can be found here.

We also utilize Klaviyo as a third-party service provider in connection with managing our e-mail and SMS text message outreach and marketing campaigns. We may share your email address, telephone number and other personal information with Klaviyo® in connection with same ("Klaviyo Data”). Klaviyo® is not permitted to use the Klaviyo Data for any purpose other than to manage our email and SMS text campaigns.

Loox®
We may use the “Loox Reviews®” tracking tool, as made available by Loox Online Ltd. (“Loox”) on the Site/in the App. Loox may collect some or all of the following information by and through the Loox for Loox Reviews® tracking technology: (a) city and country of the end-user; (b) device type (desktop, Mobile Device, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “Loox Data”). Loox shares Loox Data with us.

We may combine the Loox Data with your personal information, and we and/or Loox may use that Loox Data to serve you targeted ads after you leave the Site/exit the App. Information pertaining to Loox’s use of Loox Data and Loox’s privacy policy can be found here.

Meta®/Facebook®
We may also use web analysis tools called Meta Ads® and Meta Pixel®, as made available by Meta. Meta may collect some or all of the following information by and through the Meta Ads® and Metal Pixel® tracking technologies: (a) traffic data from Facebook® users who visit the Site/App; (b) demographic information of Facebook® users who visit the Site/App; (c) actions taken on the Site/App (clicks, downloads, form submissions, registrations, etc.); (d) attribution for purposes of Facebook® ad conversion; and (e) click-through rates from the Site/App (collectively, “Meta Data”). Meta shares Meta Data with us.

We may combine Meta Data with your personal information, and we and/or Meta may use that Meta Data to serve you targeted ads after you leave the Site. Information pertaining to Meta’s use of Meta Data and Facebook’s® privacy policy can be found here.

Nabu®
We may use the “Nabu for Google Shopping Feed®” tracking tool, as made available by AdNabu Global, Inc. (“Nabu”) on the Site/in the App. Nabu may collect some or all of the following information by and through the Nabu for Google Shopping Feed® tracking technology: (a) city and country of the end-user; (b) device type (desktop, Mobile Device, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “Nabu Data”). Nabu shares Nabu Data with us. We may combine the Nabu Data with your personal information, and we and/or Nabu may use that Nabu Data to serve you targeted ads after you leave the Site/exit the App. Information pertaining to Nabu’s use of Nabu Data and Nabu’s privacy policy can be found here.

Shopify®
We may also use re-targeting tools called “Shopify Audiences®” and “Shopify Shop®”, as made available by Shopify Inc. (“Shopify”). In connection with the product purchase process on the Site and App, Shopify may collect the following information from the consumer: (a) name; (b) email address; (c) telephone number; (d) transactional data (such as the number of Site/App visits, number of product orders and the specific products purchased on the Site/in the App, etc.); (e) other actions taken on the Site/in the App (interaction with advertisements, clicks, downloads, form submissions, registrations, etc.); and (f) certain other demographic information (collectively, “Shopify Data”). Shopify may share the Shopify Data with us. We may combine Shopify Data with your personal information, and we and/or Shopify may use that Shopify Data to serve you targeted ads after you leave the Site. Without limiting the foregoing, Shopify uses Shopify Data to create prospecting and retargeting audiences. Prospecting audiences is based on identifying web users with similar purchase patterns. Retargeting audiences is based on identifying Site visitors who have not yet purchased products on the Site. To opt out of Shopify collecting Shopify Data via the Site and using that Shopify Data to engage in prospecting and retargeting, please use the options made available here.

TapCart®
We may also use a web analysis tool called TapCart®, as made available by TapCart Inc (“TapCart”). TapCart may collect some or all of the following information by and through the TapCart Pixel® tracking technology: (a) city and country of the end-user; (b) device type (desktop, mobile, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/in the App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “TapCart Data”). TapCart shares the TapCart Data with us.

We may combine TapCart® Data with your personal information, and we and/or TapCart may use TapCart Data to serve you targeted ads after you leave the Site. Information pertaining to TapCart’s use of TapCart Data can be found here.

TikTok®
We may also use a web analysis tool called the TikTok Pixel®, as made available by TikTok. TikTok may collect some or all of the following information by and through the TikTok Pixel® tracking technology: (a) city and country of the end-user; (b) device type (desktop, mobile, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/in the App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “TikTok Data,” and together with the AdRoll Data, Flexify Data, Google Data, Klaviyo Data, Loox Data, Meta Data, Nabu Data, Shopify Data and TapCart Data, the ”Third Party Tracking Technology Data”). TikTok shares the TikTok Data with us.

We may combine TikTok® Data with your personal information, and we and/or TikTok may use TikTok Data to serve you targeted ads after you leave the Site. Information pertaining to TikTok’s use of TikTok Data can be found here.

General Do Not Track

In general, end-users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. We do not honor or alter our behavior when an end-user has activated the “do-not-track” setting on her/his browser. In addition, end- users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Cross Device Tracking
Hard Jewelry® tracks end-users’ use of the Hard Jewelry® Offerings across various devices, including the end-user’s personal computer and Mobile Device, in order to optimize and personalize the end-user’s Hard Jewelry® Offerings experience. Hard Jewelry® may collect certain of the end-user’s personal information across various devices.

Geolocation Tracking
Hard Jewelry® does not use geolocation technology to track users’ locations.

Aggregate Data
Hard Jewelry® reserves the right to transfer and/or sell aggregate or group data about users of the Hard Jewelry® Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Hard Jewelry® Offerings users as a group, without disclosing personally identifiable information.

Third-Party Websites
This Site and App may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. Hard Jewelry® is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Hard Jewelry® does not have any responsibility or liability relating to them.

Security of Your Personal Information
We endeavor to safeguard and protect our end-users’ personal information. When end-users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). The privacy of your personal information is very important to us. When our registration process asks end-users to submit Sensitive Information (such as Social Security Number and credit/debit card information), and when we transmit such sensitive information, that information is encrypted and is protected with advanced TLS (Transport Layer Security).

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site and/or App is at your own risk.

All of our end-users’ personal information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Children’s Privacy

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information by and/or through the Site or App. Hard Jewelry® does not knowingly solicit or collect information from visitors under eighteen (18) years of age.

If you are a parent or a guardian, you are responsible for exercising supervision over your children’s online activities. If you are the parent or guardian of a child under the age of eighteen (18) and you believe that your child has submitted personal information by and through the Site or App without your authorization, please contact us at: support@hardjewelry.com.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: support@hardjewelry.com.

To opt-out of receiving SMS text messages from us, you can: (i) text “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT” to opt-out from future messages; or (b) e-mail us at: support@hardjewelry.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Hard Jewelry® Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Hard Jewelry® Offerings-related and inquiry response- related messages from Hard Jewelry®, you must cease requesting and/or utilizing the Hard Jewelry® Offerings and cease submitting inquiries to Hard Jewelry®, as applicable.

Deleting, Modifying and Updating Your Information

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: support@hardjewelry.com.

We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate your access to certain of the Hard Jewelry® Offerings. If you wish to continue using the full complement of Hard Jewelry® Offerings, you may not be able to delete all of the personal information that we have on file for you. Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Information Internationally

If you are visiting the Site and/or accessing the App from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site, accessing the App and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

Hard Jewelry® reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site and in the App that we are changing our Privacy Policy. If the manner in which we use personal information changes, Hard Jewelry® will notify end-users by: (a) sending the modified policy to our end-users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy, please e-mail us at: support@hardjewelry.com; or send us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 204 25th St., Suite #200, Ogden, Utah 84401.

Privacy Provisions for Covered Users
These Privacy Provisions for Covered Users (“Provisions”) supplement, and do not limit in any way, the Privacy Policy set forth above. These Provisions apply solely to residents of the States Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia (collectively, “Covered Users”). We adopt these Provisions in compliance with the CCPA, CPRA, CPA, CTDPA, DPDPA, IDPL, IDPA, KCDPA, MODPA, MNCDPA, MCDPA, NDPA, NHDPA , NJPA, OCPA, RIDTPPA, TIPA, TDPSA, UCPA and VCDPA (collectively, “Applicable State Laws”). Any terms defined in Applicable State Laws have the same meaning when used in these Provisions. Users with disabilities who wish to access these Provisions in an alternative format can contact us by emailing us at: support@hardjewelry.com; calling us at: (855) 322-6050; or sending us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 204 25th St., Suite #200, Ogden, Utah 84401.

Categories of Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Covered User or device (“personal information”). In particular, we have collected the following categories of personal information from Covered Users within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated Covered User information.
• Information excluded from the scope of Applicable State Laws, such as:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):

• Directly from our Covered Users. For example, online registration forms that our Covered Users submit to us related to the products and/or services that we offer by and through the Site and/or App, and/or provided through the course of employment and/or through job application. (Categories A, B, C and L)
• Indirectly from our Covered Users. For example, through information we collect from our Covered Users in the course of providing our products and/or services to them. (Categories A, B and F)
• Directly and indirectly from activity on the Site and/or by and through the App. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain Site/App usage details and analytics as same are collected automatically by us and our third party partners such as AdRoll, Flexify, Google, Klaviyo, Loox, Meta, Nabu, Shopify, TapCart and TikTok. (Category F)
• From third-parties that interact with us in connection with the products and/or services that we offer to our Covered Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from Covered User lists, analyzing data and providing marketing analysis. (Categories A, B and C)

Retention of Personal Information and Sensitive Personal Information

We retain all categories of your personal information and sensitive personal information (including the information set forth in the “Personal Information Collected” section above) that we collect for the maximum period permitted by applicable law. We may also use certain criteria to determine whether and when to delete certain categories of collected personal and sensitive personal information including:

• Date of collection.
• Frequency of consumer interaction with us.
• Last interaction the consumer had with us.
• Whether the purpose of collection has been completed.

Use of Personal Information

We may use or disclose the personal information that we collect (including: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information or other Payment Method information (where purchasing Hard Jewelry® Products); (f) date of birth; and/or (g) Third Party Tracking Technology Data) for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your request for information regarding the products and/or services featured on the Site and/or through the App, we will use that personal information to better provide you with the requested information. (Categories A, B, C and L)
• To provide you with information, products or services that you request from us. (Categories A, B, C, F and L)
• To facilitate your participation in an Event. (Categories A, B, C, F and L)
• To create, maintain, customize and secure your account with us. (Categories A, B, C, F and L)
• To provide you with e-mail, direct mail and telemarketing messages concerning certain Hard Jewelry® products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Categories A, B, C and F)
• To deliver relevant Site/App content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Categories A, B, C and F)
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Terms applicable to the Site and App. (Categories A, B, C, F and L)
• To carry out operations associated with, or your employment and/or job application submitted to, us. (Categories A, B, C and L)
• To improve the Site/App and better present their respective contents to you. (Categories A, B, C, F and L)
• For customer service purposes and to respond to inquiries from you. (Categories A, B, C, F and L)
• For testing, research, analysis and product development. (Categories A, B, C, F and L)
• As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Categories A, B, C, F and L)
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, F and L)
• As described to you when collecting your personal information or as otherwise set forth in Applicable Privacy Laws. (Categories A, B, C, F and L)
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. (Categories A, B, C, F and L)

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

Sharing/Selling Personal Information

Subject to your right to opt-out of such sharing, we may share your personal information from Categories A, B, C, F and L (including: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information or other Payment Method information (where purchasing Hard Jewelry® Products); (f) date of birth; and/or (g) Third Party Tracking Technology Data) with third parties for the business purposes set forth above.

When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract.

Please note, we do not collect information from Covered Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of any Covered users, regardless of age. Without limiting the foregoing, we have not shared or sold the personal information of Covered Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months other than for the business purposes listed above.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A    Identifiers. Category B Personal information categories listed in Applicable State Law.
Category C    Protected classification characteristics under Applicable State Laws or federal law.
Category F    Internet or other similar network activity.
Category L    Sensitive Personal Information (but only to facilitate the purchase of Hard Jewelry® Products).

We disclose your personal information (including: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information or other Payment Method information (where purchasing Hard Jewelry® Products); (f) date of birth; and/or (g) Third Party Tracking Technology Data) for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):

• Our affiliates. (Categories A, B, C, F and L)
• Service providers. (Categories A, B, C, F and L)
• Third parties to whom you authorize us to disclose your personal information in connection with the products and/or services that we provide to you. (Categories A, B, C, F and L)
• Third parties, such as AdRoll, Flexify, Google, Klaviyo, Loox, Meta, Nabu, Shopify, TapCart and TikTok (but not Sensitive Personal Information)

In the preceding twelve (12) months, we have sold the following categories of personal information (including: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your date of birth; and/or (f) Third Party Tracking Technology Data), but not Sensitive Information to third parties:

Category A    Identifiers.
Category B    Personal information categories listed in Applicable State Laws.
Category C    Protected classification characteristics under Applicable State Laws or federal law.
Category F    Internet or other similar network activities.

In the preceding twelve (12) months, we have sold the above referenced categories of personal information to AdRoll, Flexify, Google, Klaviyo, Loox, Meta, Nabu, Shopify, TapCart and TikTok for marketing purposes.

Your Rights and Choices

Applicable Privacy Laws provide Covered Users with specific rights regarding their personal information. This section describes your rights under Applicable Privacy Laws and explains how to exercise those rights.

Opt-Out from the Sale of Your Personal Information

You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable Covered User request to us by either:

• Clicking here
• Emailing us at: support@hardjewelry.com; or
• Sending us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 184 20th St., Ogden, Utah 84401.

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of receipt of your request.

Opt-Out from the Sharing of Your Personal Information

You have the right to opt-out of our sharing your personal information with third parties. To exercise your right to opt-out of our sharing your personal information with third parties, please submit a verifiable Covered User request to us by either:

• Clicking here
• Emailing us at: support@hardjewelry.com; or
• Sending us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 184 20th St., Ogden, Utah 84401.

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) business days of receipt of your request. Subject to the aforementioned fifteen (15) business day period, where we receive and confirm your verifiable opt-out request, we will cease sharing your Personal Information with third parties.

Opt-Out from the Use and/or Sharing of Your Sensitive Personal Information

You have the right to limit our use of your sensitive personal information, including any sensitive information from Category B (Personal information categories established by Applicable State Laws), Category C (Protected classification characteristics under Applicable State Laws or federal law) and/or Category L (Sensitive Personal information), to those uses which: (i) are necessary to perform the services or provide the products requested by you; (ii) help us to ensure security and integrity of your personal information to the extent the use of your sensitive personal information is reasonably necessary and proportionate for these purposes; (iii) are short-term, transient uses including, but not limited to, non- personalized advertising shown as part of your then-current interaction with the Site and/or App, provided that your personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the then-current interaction with the Site and/or App; (iv) involve performing services on behalf of Hard Jewelry®, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of Hard Jewelry®; and (v) include activities to verify or maintain the quality or safety of a product, service or device that is owned by, manufactured by, manufactured for, or controlled by, Hard Jewelry®, and to improve, upgrade, or enhance the service or device that is owned by, manufactured by, manufactured for, or controlled by, Hard Jewelry®.

You also have the right opt-out of our sharing your sensitive personal information with third parties, including any sensitive information from Category B (Personal information categories established by Applicable State Laws), Category C (Protected classification characteristics under Applicable State Laws or federal law) and/or Category L (Sensitive Personal information).

To exercise your right to limit our use of your sensitive personal information and/or opt-out of our sharing your sensitive personal information with third parties, please submit a verifiable Covered User request to us by either:

• Clicking here
• Emailing us at: support@hardjewelry.com; or
• Sending us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 184 20th St., Ogden, Utah 84401.

We endeavor to act on all such requests as soon as practicable, but in all cases within fifteen (15) business days of receipt of your request. Subject to the aforementioned fifteen (15) business day period, where we receive and confirm your verifiable opt-out request, we will cease using your Sensitive Personal Information/sharing your Sensitive Personal Information with third parties (and direct our service providers and contractors to do the same).

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 twelve (12) months. Once we receive and confirm your verifiable Covered User request, 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 have shared 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, 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.

Deletion Request Rights

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. Once we receive and confirm your verifiable Covered User request, we will delete (and direct our service providers, contractors and third parties to whom we shared your personal information, to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.

We may deny your deletion request if retaining the information is necessary for us or our service providers, contractors and third parties to whom we sold/shared your personal information, to:

1. Complete the transaction for which we collected the personal information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with 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. Exercise free speech rights, ensure the right of another Covered User to exercise her/his free speech rights or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, but only if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with Covered User expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Request Correction of Inaccurate Personal or Sensitive Personal Information

You have the right to request correction of inaccurate personal and/or sensitive personal information that we collect. Upon receiving a verifiable consumer request for correction, we will make commercially reasonable efforts to correct information identified as inaccurate. Where we correct inaccurate personal and/or sensitive personal information, we shall instruct all service providers and/or contractors that maintain such personal and/or sensitive personal information in the course of providing services to us to make the necessary corrections in their respective systems.

Exercising Access, Data Portability, Right to Correct and Deletion Rights

To exercise your access, data portability, right to correct and/or deletion rights described above, please submit a verifiable Covered User request to us by either:

• Clicking here
• Emailing us at: support@hardjewelry.com; or
• Sending us U.S. Mail to: Hard Jewelry LLC, Attn: Privacy Compliance Officer, 184 20th St., Ogden, Utah 84401.

The verifiable Covered User request must:

• Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.