Red Aspen (hereinafter, "Red Aspen," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy.

By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. In arbitration there is less discovery and appellate review than in court. Please review carefully.

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive messages with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys’ fees, associated with defending such claims.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In.

1. Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from Red Aspen, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
2. No Time of Day Restrictions. While efforts are made to limit the delivery of messages outside of reasonable hours for most consumers, you understand and agree that We do not have the ability to target messages based on geographic location because federal law and privacy concerns prevent a consumer’s real-time location data from being shared with Us or our vendors by your wireless carrier. Further, technical issues, such as network congestion or your phone being disconnected from your wireless service, can result in messages being delivered at unexpected times. Therefore, you agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. Your consent supersedes any state or federal regulation that might otherwise restrict the delivery of such messages and you waive any such claims.
3. Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing messages. By opting-in to Our messaging program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at hello@redaspenlove.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
4. Disclosure of Data and Receipt of One Time Messages to Identify Device and Prevent Fraud. You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, Red Aspen or Our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. Further, you consent to the transmission of one-time passcodes or other messages to confirm your intent to subscribe to our recurring message program. See our Messaging Privacy Policy for how we treat your data.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Red Aspen and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out. Our Do Not Call Policy is attached to these Terms of Service as Appendix A.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, Red Aspen Terms of Service and Red Aspen Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. This may include AI-generated voices. Some of these messages may be tailored to your interests based on information available to Us. By enrolling and remaining in the program, You agree to the use of AI and further that Our use of these AI services does not make those third-parties either senders or initiators of the messages or otherwise responsible for the messages.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at hello@redaspenlove.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

8. RCS and MMS Disclosure. The Program may send SMS or MMS messages if your mobile device does not support RCS. The Program will send SMS messages if your mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Red Aspen, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11. Contact. This Program is a service of Red Aspen, located at 1575 W Overland Rd, Meridian ID 83642, US.

12. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

14. State Telemarketing Law - Residence: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey’s Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with federal and state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-in to the Program is an area code associated with that state. Further, You agree that You will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. You further agree that any mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of federal and state laws, to the extent the law is otherwise relevant and applicable.

15. Subscribers Located in Texas: Insofar as Texas law applies to your receipt of one or more text messages, and for purposes of applying Texas Business & Commerce Code Sections 302.058 and 302.059, the parties agree to the following construction. First, the word “customer” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Customer shall not be interpreted to require the purchase of a product or service. Second, the word “establishment” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Establishment shall not be interpreted to require the operation of a physical store, but rather shall include establishments that sell goods and services through an online store.

16. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: hello@redaspenlove.com.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Red Aspen WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Binding Individual Arbitration: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions and our relationship with you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of the Agreement. You and Red Aspen agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

Mandatory Informal Dispute Resolution Process. If you and Red Aspen have a Dispute, you and Red Aspen agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (b) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: hello@redaspenlove.com or by mail to: 1575 W Overland Rd, Meridian ID 83642, US. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you or, if we do not have a mailing address on file, you authorize us to text you at the phone number we have available to seek your mailing address.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Red Aspen representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Red Aspen may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Red Aspen commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).

Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures shall apply:

• Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.
• When You initiate arbitration, the only fee You are required to pay is New Era’s consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney’s fees is warranted under applicable law.
• Mass Arbitration Provisions:
• New Era ADR’s rules and procedures include unique procedures for “mass arbitrations,” which are situations in which five (5) or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those mass arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases. The outcome of bellwether cases may be treated as precedent in evaluating the remaining cases. You understand and agree that these Procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR’s resources.
• Only the presiding Neutral may make determinations of fact or reach conclusions of law with respect to a Mass Arbitration Proceeding. Ultimate authority to determine whether cases arise out of Common Issues of Law and Fact rests with the presiding Neutral. If the presiding Neutral determines that one or more cases assigned to a Mass Arbitration Proceeding do not arise out of Common Issues of Law and Fact, or otherwise do not meet the definition of a Mass Arbitration, each such case will be removed from the Mass Arbitration Proceedings. Each party will select one “Bellwether Case” from all the cases that were filed. Those Bellwether Cases will proceed individually, but in parallel to the extent possible. The Neutral will issue a reasoned Lead Decision in each Bellwether Case. Although a Neutral may consider the analysis and result reached in prior Lead Decisions in deciding disputes in the same Mass Arbitration proceeding the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding, giving due consideration to the facts and arguments advanced by the Parties in each case.
• New Era ADR’s rules and procedures provide parties to mass arbitrations with the right to obtain certain information relating to bellwether cases and decisions that may impact their cases. You are encouraged to review those rules closely to understand how your rights may be impacted.
• If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.
• The arbitrator shall be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.
• Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state and Federal Judicial Circuit in which Red Aspen's principle place of business is located, without regard to its conflict of laws rules.
• By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Dispute Resolution provisions of this agreement and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.
• The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys’ fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
• The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator’s written decision may address some or all of the cases jointly. However, a written decision that jointly addresses some or all of the cases does not conflict with the requirement that the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding.
• Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator shall be final and binding on both parties, but either party shall have rights of appeal expressly provided in section 10 of the FAA.
• Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Red Aspen makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 1575 W Overland Rd, Meridian ID 83642, US, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Red Aspen.

No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Red Aspen ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding EXCEPT as provided in this Agreement.

Invalidity and Survivability. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if Red Aspen makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to Red Aspen at 1575 W Overland Rd, Meridian ID 83642, US. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.

17. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Appendix A

Red Aspen
Do Not Call Policy: Text Messaging

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold calls, prerecorded sales calls, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry as well as internal Do Not Call lists. Various states have also adopted their own telemarketing laws.

Red Aspen is committed to complying with federal and state Do Not Call laws. This policy relates specifically to our compliance with those requirements for the purposes of sending SMS and MMS messages that constitute telemarketing. It is Our policy to not send telemarketing SMS and MMS messages to:

• Any telephone number, using an automatic telephone dialing system, for which we have not received prior express written consent, as defined by the Federal Communications Commission; and
• Any telephone number on Our Internal Do Not Call List.

We will maintain an Internal Do Not Call list and will promptly honor a request made in one of the following manners to place your telephone number Our Do Not Call list within a reasonable time of such request, not to exceed 10 business days from the date of said request. To be placed on Our Do Not Call list, you may:

• Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. Any other language used may not be recognized by Our system which may result in the request to opt-out not being processed.
• Request to be put on Our list by contacting customer service at hello@redaspenlove.com and providing your name and telephone number.

Your telephone number shall be retained indefinitely on Our Do Not Call list unless you subsequently provide new prior express written consent to rejoin our SMS list. If you change your number, you must request for the new number to be put on Our Do Not Call list.

Red Aspen®, LLC

1575 W Overland Rd. Meridian, ID 83642

www.redaspenlove.com

Red Aspen Privacy Policy last updated August 27, 2023

 Red Aspen, LLC (referred to herein as “Red Aspen”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting our websites, including the Red Aspen website (at https://redaspenlove.com), our Independent Brand Ambassadors’ and Affiliates’ Replicated websites and our mobile applications (hereafter collectively referred to as the “Site”). We created this Privacy Policy to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and to the protection of privacy.

This Privacy Policy is only applicable to the Site and not to any Third-Party websites that may link to or from this Site, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.

The Site is located in United States and is subject to U.S. laws. If you are outside of the United States, your use of the Site constitutes consent to the transmission of personal information to the United States. If your use of the Site is against the laws of your jurisdiction, it is your responsibility to refrain from the use of the Site.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

Each time you use the Site, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Site you should check the date of this Privacy Policy (which appears at the beginning) and review any changes since the last time you visited the Site. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

Children’s Privacy

Red Aspen is committed to the safety of our children. The Site is intended for a general audience and is not designed or intended for use by or targeted to children younger than the age of 16. We do not knowingly collect personal information from children younger than the age of 16. However, in all cases, if you are younger than the age of 18, you may use the Site (and any related services or features) only with the consent and supervision of a parent or guardian. Persons under the age of 18 may not enroll as Red Aspen Independent Brand Ambassadors or Affiliates or register as customers. We do not solicit or knowingly collect personally identifiable information from children under the age of 16. If we obtain actual knowledge that we have collected personally identifiable information from a child under the age of 16, we will immediately delete such information from our database. Because we do not collect personally identifiable information from children under the age of 16, we have no such information to use or disclose to third parties.
 
Information Collection
Red Aspen is the sole owner of the Site. We collect information from Brand Ambassadors, Affiliates, customers, and visitors to the Site at different points on the Site.
 

Traffic Data. Like most website operators, Red Aspen automatically gathers device and usage information of the sort that browsers automatically make available, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Site, and other technical information (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you and is primarily needed to maintain the security and operation of the Site, and for our internal analytics and reporting purposes.

Cookies. Cookies are small pieces of information that a website stores on a user's hard drive, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Site. The Site uses Cookies to customize your experience on the Site to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Site. For information on Red Aspen's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.

Types of Cookies. We use the following types of Cookies for the following purposes:

Session ID Cookies. We use session ID cookies to make it easier for you to navigate the site. A session ID cookie expires when you close your browser.

Persistent Cookies. We set a persistent cookie to store your valid login, so you do not have to login more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the site. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

Functional cookies to remember choices that you have made or information you have provided, like username, language, or region.

Performance cookies that gather information for statistical purposes.

Advertising cookies to tailor marketing to you and your interests and provide you with more personalized services in the future.

Social and content cookies (for example the Facebook “like” button).

Store functioning cookies.

Reporting and analytics cookies.

Third Party Cookies. We may allow third parties to use Cookies on the Site, but we do not control the use or contents of third-party Cookies. Such third-party cookies may include:

Ad Services. In the course of providing advertisement services, third parties such as the following utilize cookies on the Site: Microsoft Advertising, Drift, Facebook Custom Audiences, Google, Hubspot, Intercom, Marketo, Outbrain, Quora, Reddit, SourceKnowledge.

Data Providers. We use third-party data provider cookies in connection with the Site. The following third parties utilize data provider cookies on the Site: Shopify Analytics, Google Analytics, Cloudfare, Alexa Metrics, Bizible, Chartbeat, Crazy Egg, Datadog RUM, DC Analytics, Facebook Pixel, Fullstory, Google Tag Manager, Hotjar, iSpot, KissInsights, LinkedIn Insight Tag, New Relic, Optimizely, Pinterest Analytics, Segment, Snapchat, Taboola, Tealium, TikTok, Twitter, Yelp Audience Platform.

Analytics. We use third-party analytics cookies to gain insight into how our visitors use the Webiste. Third parties such as Google Analytics utilize cookies on the Site for analytics.

Opting Out of Cookies. If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies before accessing the website, with the understanding that certain of the services and certain features of the website may not function properly without the aid of cookies. If you refuse cookies, you assume all responsibility for any resulting loss of functionality. To learn more about cookies and how to manage them, go to https://allaboutcookies.org/.

Personal Information. Through your use of or visits to the Site, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. The personal information that we collect depends on the context of your interactions with the Site, the choices you make, and the products and features you use. The personal information we collect may include the following:

Names

Mailing Addresses

Email Addresses

Telephone Numbers

Usernames

Account Passwords

Contact Preferences

Contact or Authentication Data

Geolocation Information

Billing Addresses

Credit/Debit Card Information

Billing Information

Bank Account Information

Information associated with other accounts belonging to a user

Sensitive Information as described below

All Personal Information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information. You are under no obligation to provide Personal Information to us, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Site or from purchasing some or all of our products or enrolling as a Brand Ambassador or Affiliate.

Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

Credit/Debit Card Information. Credit/Debit card information collected at registration or for shopping cart orders is used only to process payment for purchases. Credit card information is retained by us in order to facilitate subscription purchases. In addition, users may elect to store their credit card information in order to pay for future product orders and recurring fees. To protect your Personal Information, we take reasonable precautions and follow industry best practices to make sure your credit card information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we implement additional generally accepted industry standards. All payment data is stored by Shopify International. You may find their privacy notice at https://www.shopify.com/legal/privacy.

Information that you make Public. The Site may contain features (e.g., public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Red Aspen is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

 
Information Obtained from Third Party Sources
We may supplement the Personal Information that a user provides to us with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to us. We may receive information about you such as contact information and demographics information from other sources. In addition, we may combine information you give us with information from these sources. The types of information and sources of such information include without limitation the following categories:
 

Vendors. We may receive contact information and demographic information that you provide to or through our vendors, such as through our email and text message campaigns.

Your Red Aspen Brand Ambassador (if applicable). Information such as account or demographic information that is submitted by your Red Aspen Brand Ambassador on your behalf.

Payment Service Providers. Payment information such as updated credit card number and expiration dates from your bank or credit card company which we use to keep our records current and service you better.

Delivery Service Providers. Delivery details such as updated delivery, contact information, and address information from our carriers or other third parties which we use to keep our records current, process orders, deliver your next purchase, and service you better.

Social Media Services. Information that you publicly post on our and your social media pages (e.g., our Facebook®, Instagram®, and Twitter® pages), such as your contact and demographic information, such as likes, interests, preferences, comments, suggestions, and opinions, general feedback, and content.

Other Third-Party Sources (Including Data Aggregators and Public Databases). Transactional data from third party purchases; contact information, demographics information, including profile data; information about products or services purchased from other companies.

Information Use and Disclosure Practices

Traffic Data and Information Gathered Using Cookies. Red Aspen analyzes Traffic Data and information gathered using Cookies to help Red Aspen better understand who is using the Site and how they are using it. By identifying patterns and trends in usage, Red Aspen is able to better design the Site to improve your experience, and to serve you more relevant and interesting content. From time to time, Red Aspen may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Site. Red Aspen does not attempt to link information gathered using Cookies to Personal Information.

Personal Information. Personal Information is used and disclosed as described in this Privacy Policy. In general, we use your Personal Information to:

Process your orders;

Communicate with you regarding your orders, your account, the use of our products or services, or otherwise provide customer service;

Maintain your account and keep track of any purchases made by you;

Authenticate your account credentials and identify you to log in to the Site;

Personalize your experience on the Site;

Send you marketing communications about services and products offered by us and our affiliated companies, as permitted by law;

Improve the Site, your personal information may be analyzed to search for patterns which may help improve the overall Site experience;

Improve the customer service we provide, your personal information may be used for review and quality control purposes;

Authenticate your credit or debit card account information;

Create de-identified personal information to be used by us; and

Use for any other reason you consent to.

Except as specifically set forth in this Privacy Policy, Red Aspen DOES NOT share Personal Information. Red Aspen may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by Red Aspen, it is deidentified and no Personal Information is shared.

Disclosure Practices. Except under the following circumstances and otherwise as set forth in this Privacy Policy, Red Aspen will keep your Personal Information private and will not sell it to or share it with third parties.

Disclosure in Connection with Services. Red Aspen discloses Personal Information to those who help it provide Services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.

By Law or to Protect Rights. Red Aspen discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Red Aspen believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Red Aspen, third parties or the public at large.

Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Red Aspen will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for Red Aspen to conduct business in certain jurisdictions, Red Aspen must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.

Business Transfers; Bankruptcy. Red Aspen reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Red Aspen’s Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Red Aspen’s successor organization.

Unpaid Accounts. If you fail to pay any balance owed to Red Aspen, we may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.

Invite a Friend. When you invite family or friends to join the Red Aspen network or to attend a Red Aspen home party, Red Aspen will send an email on your behalf to the indicated recipient. Your name and email address will appear in the “From” line of such email.

Lead Assignment and Brand Ambassador Locator Features. Red Aspen occasionally will assign prospective sales and prospective customer and Brand Ambassador leads to Brand Ambassadors. In these cases, we will provide the prospective customer or Brand Ambassador with the appropriate Brand Ambassador’s name and contact information and/or provide a Brand Ambassador with the prospective customer’s or Brand Ambassador’s name and contact information.

Downline Activity/Genealogy Reports. As a network marketing company, Red Aspen provides certain information to Brand Ambassadors regarding other Brand Ambassadors and customers enrolled in a Brand Ambassador’s downline marketing organization (sales team). To help Brand Ambassador in Red Aspen’s network marketing program manage their independent businesses, we provide our Brand Ambassadors with some of the Personal Information of the other Brand Ambassadors and customers whom they have personally sponsored/enrolled as well as other Brand Ambassadors who are on their marketing teams. If you enroll as a Brand Ambassador or register as a Red Aspen customer, your name, address, telephone number, and email address, as well as data relating to your sales, purchases, and recruitment activity will be disclosed to the Brand Ambassador who sponsored you and to other Brand Ambassadors who are upline to you and your sponsoring Brand Ambassador. No other Personal Information will be shared with Brand Ambassadors. Such information is shared via the Brand Ambassador Back-Office. Information relating to downline Brand Ambassadors is made available to Brand Ambassadors subject to a confidentiality and non-solicitation covenant in the agreement that each Brand Ambassador enters into with Red Aspen. However, Red Aspen does not warrant that other Brand Ambassadors will adhere to the confidentiality and non-solicitation covenants, and Red Aspen shall not be responsible for Brand Ambassadors’ violation of these covenants. By enrolling as a Brand Ambassador or registering as a Red Aspen customer, you consent to the disclosure of your Personal Information as described in this paragraph.

It may become necessary to conduct surveys of our customers or Brand Ambassadors. Should we deem it necessary to conduct a survey, we may outsource the survey to a third party. We will provide the third-party survey company with your Personal Information as is necessary for the third-party survey company to conduct the survey and to those third parties whom we engage to review and analyze the results of the survey. We will not provide your social security number, credit card or banking information to the survey provider.

 
Retention of Personal Information
Unless there is something in this Policy to the contrary, we may retain your Personal Information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information. We may also retain your Personal Information as necessary to comply with legal requirements and obligations, defend our rights, resolve conflicts, improve the Site, address complaints, and enforce contracts.
 
Electronic Communications
Consistent with this Privacy Policy and as is permitted by applicable law, we may communicate with you via electronic messages, including email. We receive notice when you open an email or click a link within a marketing email.
 
Online Advertising
We may display advertising on the Site and partner with third parties to manage advertising on other websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on the Site and other websites to provide you with advertisements on the Site and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.

Some third parties collect information about users of the Site to provide interest-based advertising on the Site and elsewhere, including across browsers and devices. These third parties may use the information they collect on the Site to make predictions about your interests in order to provide you with ads (from us and other companies) across the Internet. Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements and your experience on the Site may be degraded.
 
Miscellaneous

Dispute Resolution. This privacy policy is governed by the laws of the State of Idaho. The offer extended by this Agreement, and any acceptance of its terms, shall occur in Ada County, State of Idaho. Any dispute arising from or relating to this privacy policy shall be brought in the courts of the State of Idaho residing in Ada County. Each party to a dispute arising from or relating to this privacy policy shall bear his/her/its own attorney’s fees, costs, and expenses. If a visitor to the Site wishes to bring an action for the breach of this privacy policy, he/she shall do so on an individual basis. Visitors waive all rights to bring an action on a class or consolidated basis. If a visitor to the Site is also a Brand Ambassador or Affiliate and combines claims under this privacy policy with claims that are subject to the Red Aspen Brand Ambassador Agreement or Affiliate Agreement, the dispute resolution provisions of the Brand Ambassador Agreement or Affiliate Agreement shall govern.

Links. The Site may contain links to other websites. Please be aware that Red Aspen is not responsible for the privacy practices of such other websites. We encourage users to be aware when they leave the Site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by the Site.

Text Message Service. If you sign up for our text messaging service or programs, , you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/red-aspen-online/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/red-aspen-online/privacy_policy).

Security. Red Aspen has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information.

Do-Not-Track Requests. “Do-Not-Track” is a web browser setting that sends a signal instructing a website not to track a user. The Site does not have a mechanism to respond to “Do-Not-Track” requests.

Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account.

Promotional Activities. From time to time, Red Aspen may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Red Aspen may also ask you to participate in surveys designed to help Red Aspen improve the Site, its products, services, or the Red Aspen network marketing program. Any Personal Information provided to Red Aspen in connection with any survey will be used only in relation to that survey and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

Changes to this Privacy Policy. Red Aspen reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page. You can determine the date this Privacy Policy was last updated by referring to the effective date found at the end of the policy. When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of 30 days following implementation of the amended Privacy Policy.

Making Changes to Your Personal Information. Brand Ambassadors, Affiliates, and registered customers may update their Personal Information as necessary by logging into their Red Aspen online Back Offices or accounts, which allows them to access and edit their registration account information. In addition, Brand Ambassadors, Affiliates, and Registered Customers may contact us at hello@redaspen.com to update their profiles.

Online Privacy Policy Only. Except as may otherwise be provided herein, this Privacy Policy applies only to information collected through the Site. It does not apply to information collected offline.

Questions. Questions regarding this Privacy Policy should be directed to hello@redaspen.com.

 
 
Supplemental Privacy Notice for California Residents. The following applies solely to California residents.
Effective: August 27, 2023.
Last Revised: August 27, 2023.
 
Shine the Light.
Residents of the State of California (under California Civil Code Section 1798.83) have the right to request and obtain from us once per calendar year information, if any, regarding their Personal Information as defined in California Civil Code Section 1798.83 that we have shared with third parties during the preceding year for such third parties’ direct marketing purposes. The information will include (1) a list of the categories of Personal Information described in California Civil Code section 1798.83(e)(6) that were disclosed in during the preceding calendar year, if any, and (2) the names and addresses of all third parties with whom we shared any such personal information about you during the preceding calendar year (if the nature of such a third party’s business cannot reasonably be determined from the third party’s name, a description of the nature of the third party’s business or examples of products and services that the third party marketed). To make such a request, please email us at hello@redaspen.com. You must include the name of this Site and “California Resident” as the subject line, and your full name, email address, and postal address in your message. Please note that any request under this paragraph will be limited to our use and disclosure of your personal information.
 
California Consumer Privacy Act Notice.
If you are a California resident, you may have certain rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and any implementing regulations adopted thereunder (collectively, the “CCPA”) as described below. Terms (including defined capitalized terms) used in this California Consumer Privacy Act Notice have the same meanings given in the CCPA and the associated regulations, unless otherwise defined herein.
 
Notice of Collection and Use of Personal Information
We may collect (and may have collected during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the following categories of personal information about you:

Identifiers: identifiers such as name, date and place of birth, permanent residence, home and business addresses, email address, telephone numbers, unique personal identifiers, online identifiers, Red Aspen Brand Ambassador ID, Red Aspen Customer ID, Red Aspen Independent Affiliate ID, account name, signature, Social Security number, tax ID number, Internet Protocol address, and driver’s license, state identification card, or passport numbers.

Protected Classifications: characteristics of protected classifications under California or federal law, such as race, national origin, age, sex, or gender.

Financial Information: bank account number, credit card number, debit card number, and similar banking information

Commercial Information: commercial information such as transaction data, products or services purchased, obtained or considered, and other purchasing or consuming histories or tendencies.

Health and Medical Information: information that you voluntarily provide in response to surveys or questionnaires, including physical characteristics or descriptions, and other data related to your body, diet, activities, or physiology.  

Biometric Information: biometric information such as facial geometry.

Online Activity:  Internet or other electronic network activity information, such as browsing history, search history or information regarding your interaction with websites, applications or advertisements.

Geolocation Data: general location and precise GPS location.

Sensory information: audio, electronic, visual and similar information, such as audio recordings if you call our customer service, or recorded presentations in which you participate; photographs taken at Company functions or events; audio, electronic, visual, thermal, olfactory, or other similar information from your voluntary participation in any sensory testing of Red Aspen products.

Professional or Education information.

Inferences: inferences drawn from any of the information identified above, such as individual profiles, preferences, characteristics, or behaviors.

We may use (and may have used during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the categories of personal information listed above for the purposes described in our Privacy Policy, and for the following business or commercial purposes (as those terms are defined in applicable law):

Our or our service provider’s operational purposes;

Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;

Helping to ensure security and integrity (such as detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity);

Debugging to identify and repair errors that impair existing intended functionality;

Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us;

Providing advertising and marketing services;

Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage or providing similar services;

Undertaking internal research for technological development and demonstration;

Undertaking activities to verify or maintain the quality or safety of a service or device or to improve, upgrade or enhance the services or devices;

Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners;

Other uses about which we notify you.

Examples of these types of uses include:

Providing you with the products, services, and support you request;

Processing your transactions and shipping orders;

Communication with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments;

To better understand your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials;

Improving our products, services and operations;

Conducting data analytics;

Administering rewards programs;

Providing personalized services you request;

Ensuring compliance with our Company policies and the law, or as we believe is necessary to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others;

To validate sales made by Red Aspen Independent Brand Ambassadors and Red Aspen Independent Affiliates (hereafter collectively “Representative”);

To help our Representatives search for, communicate with and validate customers in our systems;

For Red Aspen’s compliance purposes;

To support the operations of our Representatives, and to maintain proper functioning of the Red Aspen network marketing and affiliate marketing programs.

 
Sources of Personal Information
During the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have obtained personal information about you from the following categories of sources:

Directly from you, such as when you complete forms, take surveys, or create profiles on our Sites

From your devices, such as through your use of our services

Representatives

Merchants

Our parent company, affiliates and subsidiaries

Vendors or Service Providers who provide services on our behalf

Our business partners

Social networks

Data analytics providers

Public and commercially available sources

 
Disclosure of Personal Information
We may disclose personal information to the following categories of third parties:

Representatives

Merchants

Our parent company, affiliates and subsidiaries

Vendors or Service Providers who provide services on our behalf

Professional services organizations, such as auditors or law firms

Data analytics providers

Our business and joint marketing partners

Social networks

Online advertising services and advertising networks

Financial institutions

 
During the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have disclosed the following categories of personal information (as defined above) about you for a business purpose to the following categories of third parties:

Identifiers:  Service providers, Affiliates and Subsidiaries, Representatives, Merchants, financial institutions, Professional services organizations, online advertising services and advertising networks, social networks

Protected Classifications:  Service providers, Affiliates and Partners

Financial Information:  Service providers, Merchants, Financial Institutions

Commercial Information:  Service providers, Affiliates and Partners, Representatives, Merchants

Health and Medical Information:  Service providers, Affiliates and Partners, Representatives

Online Activity: Service Providers, Affiliates and partners, Advertising services and advertising networks, social media networks

Geolocation Data:  Service providers, Affiliates and partners

Sensory information:  Service providers, Affiliates and partners

Professional or Education information:  Service providers, Affiliates and partners, Representatives

Inferences:  Service providers, Affiliates and partners

 
In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have disclosed personal information about you to government entities (e.g., in response to law enforcement requests or in connection licensing or registration requirements).
 
“Sale” or “Sharing” of Personal Information
California law defines “sale” very broadly and includes the disclosure of personal information for anything of value. We do not sell your personal information in exchange for monetary consideration. We may disclose your personal information by allowing certain third parties (such as social media networks, data analytics providers, and online marketing and advertising services) to collect personal information via automated technologies (such as cookies or pixels) on our Site for social networking and advertising purposes. Under applicable law, these kinds of disclosures may constitute “targeted advertising,” or a “sale” when the personal information is exchanged for non-monetary consideration, or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes.
 
The categories of personal information that we may sell, share, or use for targeted advertising (and may have sold or shared or used for targeted advertising during the 12-month period prior to the effective date of this Notice) includes Identifiers, Commercial Information, Online Activity, device and site usage information, and Geolocation data.
 
California residents may opt-out of the processing of their personal information for purposes of targeted advertising, or the sale or sharing of personal information, by clicking on the Do Not Sell or Share My Personal Data/Opt-Out of Targeted Advertising link at the bottom of each page of the Site and following the instructions in that link. 
 
In addition, California residents may use an opt-out preference signal, such as the Global Privacy Control (“GPC”), to opt-out of the sale or sharing of your personal data.  If you choose to use a browser that supports the GPC signal, you will need to enable it for each supported browser that you use on your device.  If enabled and broadcasting a signal to not sell or share your data, the GPC will be applied to your browser.  If you are logged into your Red Aspen account while a GPC is enabled on your browser, it will be applied to your account while logged into the site and using that same browser.  We otherwise do not associate your devices or browsers with any user account.  If you clear your cookies or use a private browsing mode, such as “incognito mode,” and later visit our sites, you will need to have your GPC enabled for the GPC to be applied again to your browser. 
 
Retention of Personal Information
We will retain your personal information for the time period reasonably necessary to achieve the purposes described in our Privacy Policy and this Supplemental Privacy Notice, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.
 
Users Under 16
We do not knowingly sell or share Personal Information of California Consumers younger than 16.
 
California Consumer Privacy Rights
If you are a California resident, you have certain rights regarding your personal information, as described below.

Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold or shared about you during the past 12 months.

Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.

Deletion: You have the right to request that we delete certain personal information we have collected from you.  Please note that we need certain types of information so that we can provide the services to you.  If you ask us to delete it, you may no longer be able to access or use our Sites.

Opt-Out of Sale or Sharing: You have the right to opt out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.

 
How to Submit a Request.
Some of our Sites allow you to review and update your personal information or cancel certain provisions of your Red Aspen Bramd Ambassador Agreement. To submit a request to access, correct or delete your personal information or for assistance with any of these rights, please submit your request here or contact us at (844) 402-3457. Additionally, you may, if you wish, email your request to us at hello@redaspen.com. If you email us, you must: (i) clearly state your request, and (ii) for verification and fraud-prevention purposes, provide the following information that you initially provided to Red Aspen: first name, last name, phone number, billing zip code, and email address. You will receive an email from us confirming your request and requesting you to click a button in the email to confirm your identity, in accordance with the CCPA. Once you confirm your identity by clicking the button in the email, we will proceed with processing your request.  
To opt-out of the sale or sharing of your personal information, please see the instructions in the section entitled “Sale” or “Sharing” of Personal Information above.

Verifying Requests. 
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  This verification process may require you to provide your Representative or Customer ID, or other pieces of personal information that we already hold on you, or, in certain circumstances, a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to make a request on your behalf, please email us at hello@redaspen.com to (1) verify your identity directly with us and (2) provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf.
 
Right to Appeal
If, for any reason, you would like to appeal our decision relating to your request under this California Consumer Privacy Act Notice, you may submit an appeal and do so by emailing hello@redaspen.com. Please include your full name, the basis for your appeal, and any additional information to consider.
 
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We do not discriminate against consumers as a result of a consumer’s exercise of any of his or her rights listed in this section. For example, we will not, as a result of a consumer’s exercise of any rights listed in this section:

Deny goods or services to the consumer;

Charge different prices or rates for goods or services;

Provide a different level or quality of goods or services; or

Suggest in any way that a consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

 
We may provide discounts or other incentives to customers who provide us with certain of their Personal Information. For example, we may offer a discount to a consumer who provides her contact information and payment information in order to register with us.
 
Notice of Finance Incentive 
Under California law, certain aspects of loyalty and similar programs which we may offer from time to time, may provide certain benefits to consumers and be considered a financial incentive program. We may collect personal information from you in connection with any such programs, e.g., contact information (name, email address, residential address) and commercial information (like purchase history) for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program.
To opt into our loyalty or similar programs, as set forth herein you will need to provide certain information, and potentially register for an account, agree to certain applicable program terms, or otherwise follow the instructions associated with the loyalty or other similar programs.
To the extent that Red Aspen provides programs that may be considered a financial incentive because the program is directly or reasonably related to the collection, deletion or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.
 
Changes to this Supplemental Privacy Notice
We reserve the right to amend this Supplemental Privacy Notice at our discretion and at any time. When we make changes, we will post the updated Supplemental Privacy Notice on the website and update the effective date. Your continued use of our website following the posting of changes to this Supplemental Privacy Notice constitutes your acceptance of such changes.
 
Questions and Contact Information
If you have any questions about your rights under the CCPA, please email us at hello@redaspen.com.
 
Supplemental Privacy Notice for Nevada Residents. The following applies solely to Nevada Residents.
Residents of Nevada have certain rights with respect to your Personal Information.

You have the right to know that we do not sell any of your Personal Information to any third party or parties.

You have the right to request that we not sell any of your Personal Information. Although we do not sell your Personal Information to any third parties, you have the right to submit a request to us directing us not to sell any of your Personal Information that we have collected from you or will collect from you in the future to any third party or parties. You may make such a request by sending an email to us at hello@redaspen.com. Please include the following information in your request: Your name, your email address, and, if applicable, your Brand Ambassador ID Number, Affiliate ID Number, or Customer ID Number. Upon our receipt and verification of your identity, we will not sell your Personal Information. Within 60 days of our receipt of your request, we will respond to you.

We collect the following types of Personal Information (“Covered Information”) from visitors who purchase products from us or enroll as Brand Ambassadors or Affiliates through our Site:

First name, middle name or middle initial, and last name;

Home or other physical mailing address;

Credit card or other payment information;

Email address;

Telephone number; and

Social Security Number (Brand Ambassadors and Affiliates Only).

We share Covered Information only as specified in our Privacy Policy.

If you wish to review, update or otherwise make changes or request that changes be made to the Covered Information you have provided to us, you may do so as specified in “Making Changes to Your Personal Information” above.

If we ever change the types of Covered Information that we collect from you, with whom we share it, or the process by which you may review and request or make changes to your Covered Information that is collected and maintained by us, we will notify you as described in the “Changes to this Privacy Policy” above.

No third party or third parties may collect Covered Information about your online activities over time when you use any of our Websites.