Privacy Policy

I. INTRODUCTION, CONTACT INFORMATION, AND EFFECTIVE DATE

II. ACCESSIBILITY AND AVAILABILITY OF THIS PRIVACY POLICY

III.  OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION

  1. Information We Collect and How We Use It.

What are the categories of personal information that JTV collects, and for what purposes does JTV use such personal information?

What are the categories of third parties with which JTV shares personal information, and for what purposes does JTV disclose such personal information?

Is the entry of personal information required to use JTV’s Platform(s)?

Does JTV engage in any additional collection and use of personal information?

  1. Cookies and Similar Technologies.

What are first-party and third-party cookies, web beacons, social widgets, UTM codes, and other third-party technologies?

What are my choices regarding cookies?

IV. HOW LONG WE STORE AND USE YOUR PERSONAL INFORMATION

V.  HOW WE PROTECT PERSONAL INFORMATION

VI. RIGHTS AND CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

  1. Opting-out of email, newsletters, or other communications.
  2. Accessing and updating your customer profile information on our websites.
  3. State specific rights.

a. Residents of Nevada

b. Residents of California

i. The California “Shine the Light” Law.

ii. The California Consumer Privacy Act (“CCPA”)

What personal information has JTV collected during the Preceding 12 Months?

What are the sources from which JTV has collected personal information during the Preceding 12 Months?

What are the business or commercial purpose(s) for which JTV has used the collected personal information during the Preceding 12 Months?

What are the categories of third parties with which JTV shared personal information, and for what purposes did JTV disclose such personal information, during the Preceding 12 Months?

Has JTV sold any personal information in the Preceding 12 Months?

What are my rights under the CCPA to request and delete my personal information?

Request to Know.

Request to Delete.

Verification Procedures.

How do I designate an authorized agent to make a request on my behalf under the CCPA?

Will I receive different treatment if I exercise any of my rights under the CCPA?

VII.  OTHER IMPORTANT INFORMATION

  1. Third-Party Sites.
  2. Children.
  3. Gemstone Discovery Application.
  4. Changes to this Privacy Policy.
  5. Complaints or concerns.
  6. Questions.

I. INTRODUCTION, CONTACT INFORMATION, AND EFFECTIVE DATE

Americas Collectibles Network, Inc. d/b/a/ Jewelry Television® (“JTV” or “we” or “us”) respects the privacy of our customers (“you”) and has developed this Privacy Policy to demonstrate our commitment to protecting your privacy. This Privacy Policy is intended to describe the information we collect online and offline, how we use it, and with whom we share it. We also will discuss your choices and rights about these matters. If you have questions about how we use your information, please feel free to contact us, using the contact information below.

It’s Important to Read this Privacy Policy Carefully. Because we gather certain types of information from and about our users, including you, we want you to fully understand the terms and conditions surrounding the collection and use of this information. By (i) visiting our website(s) (e.g., JTV.com and jtvauctions.com), (ii) using our application(s) (e.g., JTV GO, JTV Live, and Gemstone Discovery) on any platforms (e.g., iOS, Android, Roku), (iii) engaging with us on social media platforms (e.g., Facebook, Instagram, YouTube and Pinterest), (iv) contacting our Customer Care department and/or our Express Ordering System or Express Self Service system; or (v) otherwise doing business with us as a consumer ((i) through (v) collectively, our “Platforms”), you are accepting the practices described in this Privacy Policy, in addition to JTV’s Terms and Conditions (which can be found at https://www.jtv.com/help/terms).

PLEASE NOTE THAT OUR PLATFORMS ARE NOT INTENDED FOR USERS LOCATED IN THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA.

Contact Information. If you have any questions regarding our Privacy Policy, you can email us at jtvprivacy@jtv.com. If you prefer, you can write to:

JTV® Privacy
JTV® Legal Department
9600 Parkside Drive
Knoxville, TN 37922
Toll-Free Telephone: (800) 550-8393

Effective Date. This Privacy Policy was last updated as of January 4, 2020.

II. ACCESSIBILITY AND AVAILABILITY OF THIS PRIVACY POLICY

If you would like to receive a paper copy of this Privacy Policy, or require further assistance in accessing this Privacy Policy, you may call (800) 550-8393 or send an email to jtvprivacy@jtv.com making such a request. 

III.  OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION

1. The Information We Collect and How We Use It. We collect personal information (i.e., information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household) and other non-personally identifiable information or anonymous information regarding your interaction with our Platform(s).

What are the categories of personal information that JTV collects, and for what purposes does JTV use such personal information?

As permitted by applicable law, we may use and disclose all of the personal information that we collect in order to: comply with federal, state, or local laws; comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; cooperate with law enforcement agencies concerning conduct or activity that we, a service provider, or a third party reasonably and in good faith believe may violate federal, state, or local law; exercise or defend legal claims; and collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information.

Additionally, we may use the personal information we collect for one or more of the following purposes:

  • Processing your purchases and returns and deliver the products and services that you have requested;
  • Processing your payments and refunds;
  • Detecting fraud and prevent loss;
  • Providing you with information about our products and services;
  • Contacting you about products or services that may be of interest to you;
  • Enabling you to track the status of your purchase or return;
  • Establishing and maintaining your user account with us;
  • Managing our relationship with you;
  • Allowing you to contact us and facilitate your communication with us;
  • Responding to your feedback, requests, questions, or inquiries;
  • Registering you for our email distribution lists;
  • Sending you periodic emails;
  • Administering a contest, sweepstakes, promotion, or survey;
  • Enabling you to share reviews, comments, questions, and answers;
  • Providing you more tailored advertising;
  • Operating the Platform(s) and prepare aggregate traffic information;
  • Engaging with you on social media;
  • Operating our business;
  • Facilitating, or use in connection with, corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensuring safety of person or property;
  • Asking if you would like for us to share your information with third parties; and
  • Pre-qualifying you for our credit card (more information about the JTV Preferred Account, including the terms and conditions that apply, can be found at https://www.jtv.com/help/jtv-preferred-account).

Depending on your specific interactions with our Platform(s), JTV collects the following categories of personal information and uses such collected personal information for the purposes described above:

  • Identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, telephone number, gender, age, credit card number, debit card number, or any other financial information.

  For example:

  • When you place an order by phone, through our Platform(s), or otherwise, we collect certain personal information. The information we require will depend on the payment method you choose, but will generally include the following: your name, mailing address, credit/debit card billing address(es), shipping address(es), email address, telephone number, a password (optional), and your method of payment such as credit/debit card or account numbers, expiration date, and related Card Verification Value (“CVV”). If you choose to register on our websites or applications and then return to our websites or applications at another time, your password and other information will provide you with access to your customer and order information. We may also ask you for information about other people to whom you are sending product(s) ordered from us, including their names, shipping addresses, email addresses, and telephone numbers.

  • When you subscribe to JTV emails or newsletters, or otherwise interact with our Platform(s), you may be asked to provide your email address. These interactions may include when you create or login to an account, participate in sweepstakes and/or contests, interact with our website (e.g., a pop-up that asks for your email address to receive offers, etc.), place an order, or update your email preferences.

  • When you apply for a JTV private label credit card, we may collect your social security number (“SSN”) in order to process such application.

  • If you choose to interact with us via any of our Platform(s), for example, by providing any user generated content such as comments/feedback, photos, ratings, or reviews, we may request you provide us with certain information, such as your name or email address. In addition to this Privacy Policy, when you choose to interact with any of our Platform(s) you are agreeing to the terms contained in the JTV Community Policy, which can be found at https://www.jtv.com/help/community-policy.

  • From time to time we may provide you with the opportunity to participate in contests, sweepstakes, or surveys on our Platform(s). If you participate, we will request certain information from you. Participating in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. Typical information requested includes your name, address, telephone number, email address, date of birth and JTV account number. You may receive promotional emails from us as a result of entering the contest or sweepstakes or participating in a survey. We also use this information to notify contest or sweepstakes winners and award prizes.

  • Commercial Information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  • Internet or Other Electronic Network Activity Information (“Internet Information”), including browsing history, search history, and information regarding your interaction with an internet website, application, or advertisement. Please see the “Cookies and Similar Technologies” section of this Policy for more information, including information about the specific technologies in use.

  For example:

  • When you access and interact with our Platform(s), we collect certain information about those visits via cookies and similar technologies, as described in the “Cookies and Similar Technologies” section of this Policy.

  • If you engage with us on a social media platform (e.g., Facebook, Instagram, YouTube, Pinterest, etc.), we may contact you via the social media platform publicly or via direct message, or we may use other social media tools to interact with you. Additionally, if you engage with us on a social media platform, your interactions with us are governed by this Privacy Policy as well as the privacy policy of the social media platform you use.  We will also collect and aggregate the personal information that is tied to your account (for example, your name, username, email address, and location) and your engagement with us, including all content, messages, and information that you provide to us.

  • We may also display targeted ads to you through social media platforms.  These ads are sent to past or current JTV customers or groups of people who share traits, behaviors, or interests.  For example, we may target individuals who have expressed an interest in shopping for jewelry, clothing, etc.  See the policies of each social media platform for additional information about these ads.

  • If you receive email communications from us, we use certain tools to capture data related to if/when you open our message and if/when you click on any links or banners it contains.  Other information collected through this email tracking feature includes:  your email address, the date and time of your “click” on the email, a message number, the name of the list from which the message was sent, a tracking URL number, and a destination page.

  • Geolocation Data, including location data automatically collected during use of the Platform(s), and your shipping and billing address.

  • Audio or similar information, including call center recordings and electronic communications with us.

    For example, if you contact our Customer Care department via phone, mail, email, chat, or social media we may keep a log of the information you provide with your personal account to continue improving our service, follow-up on customer requests, and contact people who may be violating our policies. Additionally, we may monitor or record any calls made to our Customer Care department for quality assurance, coaching, and training purposes.

  • Inferences. Additionally, JTV may collect and use inferences drawn from any of the categories of personal information identified above to create a profile about you, which may reflect topics like your preferences, or purchasing behavior.

What are the categories of third parties with which JTV shares personal information, and for what purposes does JTV disclose such personal information?

JTV may share the categories of personal information listed above with the following categories of third parties for the described purposes:

  • Third-party Service Providers. We use third-party service providers in various aspects of our business.   JTV’s service providers are prohibited from retaining, using, or disclosing your personal information for any purpose other than performing the business purpose for which JTV has engaged them.           

 Examples of the types of business purposes performed on behalf of JTV by service providers include:

  • Performing IT services on behalf of JTV, including detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity, and debugging to identify and repair errors that impair existing intended functionality.

  • Performing certain services on behalf of JTV, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services by, or on behalf of, JTV.

    For example, service providers may assist us with order fulfillment, package delivery, credit card issuance, the providing of warranties, credit card and payment processing, customer service, website functionality or promotions. They may collect personal and aggregated statistics about our users and have access to your information as necessary to perform their functions, but they may not use it for other purposes.

    In addition, we may use third-party service providers to provide advertising services on our behalf across the Internet and sometimes on our websites or to present special offers to you when you visit our Platform(s) or to provide marketing services on our behalf, such as providing you with special JTV offers and opportunities via the mail or email. These service providers may collect, or may be provided by JTV, information about your visits to our Platform(s), and your interaction with our Platform(s), products and services. They may also use information about your visits to our Platform(s) and other websites to target advertisements or offers for goods and services. This information is generally collected through the use of a pixel tag, which is industry standard technology used by most major web sites (see the Cookies and Similar Technologies section below for additional information).  You can read more about online marketing practices and the technologies that support them by visiting the Network Advertising Initiative’s website by clicking on the following link: www.networkadvertising.org. Additionally, we may share your information with other third party service providers who may use the information we share to provide, on JTV’s behalf, special JTV offers and opportunities to you.

  • Performing auditing related to JTV’s current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with legal and other standards.

  • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by JTV, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by JTV.

  • Performing other services on behalf of JTV, provided that the use of personal information by such third-parties is reasonably necessary and proportionate to achieve the operational purposes for which the personal information was collected or for another operational purpose that is compatible with the context in which the personal information was collected.

  • JTV’s Affiliated Companies. We also may share personal information with legally-affiliated companies (“Affiliated Companies”) such as Multimedia Commerce Group, Inc. (“MCGI”), the parent company of JTV. For purposes of this policy, Affiliated Companies shall include any entity or joint venture that is wholly or partially owned or controlled by JTV or MCGI, that wholly or partially own or control JTV or MCGI, or that is related to JTV or MCGI through common ownership. Our Affiliated Companies generally have privacy policies similar to ours or agree to be bound by our privacy policy before any personal information is provided to them.
  • Business Transfers/Transitions. As we continue to develop our business, we could buy, license or sell assets, or engage in merger(s) or acquisitions(s). In such transactions, customer information generally is one of the business assets involved. In the event of a sale of our business (in whole or in part), a divestiture, merger, consolidation, restructuring, or asset sale, it is likely that one of the assets acquired by the purchaser would be the information that we have collected. Under this situation, your information would be transferred to the third-party purchaser.

  • With Your Consent.We will share certain of your information with certain specific third-party marketers when you accept an offer from them or otherwise consent for us to do so. Such information may include your name, credit/debit card number and expiration date, physical and email addresses and other billing information, as well as other information that you consent to provide.  For example, when you make purchases or engage in promotions offered through our Platform(s), by telephone, or otherwise, and you elect to engage in a particular merchant’s offer or program, you authorize us to provide your e-mail address and other information to that merchant  and we may share such information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes.

Is the entry of personal information required to use JTV’s Platform(s)?  You may choose to not provide us with certain personal information when visiting our Platform(s); however, you may not be able to fully utilize all of the services on our Platform(s) or be able to make purchases if you choose not to provide certain personal information.

Does JTV engage in any additional collection and use of personal information? We will not collect categories of personal information other than those disclosed herein without providing a new notice at collection.  In addition, we will not use your personal information for any purpose other than those disclosed herein.  If we intend to use your personal information for a purpose that was not previously disclosed in the notice at collection, we will notify you of the new use.

2. Cookies and Similar Technologies.

When you access and interact with our Platform(s), we may use certain technologies to collect certain Information about those visits. These include cookies, web beacons, and/or similar technologies.  We also contract with third parties to help manage and optimize our Internet business and communications, and these third parties also use these technologies to collect similar information when you use our Platform(s). 

What are first-party and third-party cookies, web beacons, social widgets, UTM codes, and other third-party technologies?

  • Cookies. A “cookie” is a small text file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). 

We may place a “cookie” in the browser files of your computer. The cookie will enable us to relate your use of this site to information that you have provided. The only personally identifiable information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) and to allow us to provide relevant marketing messages to you.

The information collected via cookies includes, if applicable to the Platform(s): browsing history; search history; internet service provider (ISP); type of device; type of web browser; URLs of any referring or exited webpages; operating system; information about your interaction with the Platform or advertisements on it; data about which pages you visit; the date and time of your visit; your domain server; and your browser type.

We use first-party and third-party session, persistent, and/or flash cookies and the information collected by them as set forth in the “Information We Collect and How We Use It” section above.

  • Web beacons.Web beacons are small, transparent graphics (sometimes called “clear GIFs” or “web pixels” or “pixels”) that are placed on our websites to track how you arrive at our websites and what you do at the websites. We use web beacons to track web affiliate sales, customers' browsing activities at our websites, or to compile sales and statistical data. This information assists us in enhancing your shopping experience.

  • Social Widgets. These are buttons or icons provided by third-party social media providers that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties.

  • UTM Codes. These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a web page) when you move from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

  • Site Optimization and Usage Tracking. We contract with third party service providers to help manage and optimize our Internet business and communications, and these third party service providers may also use the technologies described in this section to collect certain information when you use our Platform(s).

For example, we may use certain Adobe technologies to facilitate our ability to analyze data designed to help us improve our websites, products, offers, and marketing.  You can “opt out” of certain technologies from Adobe by using the Adobe Experience Cloud solutions platform by clicking the following link https://www.adobe.com/privacy/opt-out.html and following the instructions provided. Additionally, we may use Google Analytics to collect and process statistical data about the number of people using the website(s) and to better understand how they find and use our website(s).  Any data collected is used in accordance with our Privacy Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting https://www.google.com/policies/privacy/partners/ as well as Google's restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature.  For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).  Additionally, we may use Microsoft’s Microsoft Advertising services.  The Microsoft Privacy Statements regarding Microsoft’s use of any information disclosed to Microsoft to provide the Microsoft Advertising service can be found at https://privacy.microsoft.com/en-us/privacystatement.     

  • Other Third-Party Technologies. Some third parties may use automated data collection technologies to collect information about you when you when you browse the Internet. The information they collect about your online browsing activities over time and across different websites and other online services may be associated with your personal information and used to provide you with targeted content.  We do not control these third parties’ technologies or how they may be used.  If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

What are my choices regarding cookies?

We provide you with choices regarding the personal information you provide to us.  Most web browsers are set by default to accept cookies.  If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising.  You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Platform(s).

Please be aware that, if you decline the use of cookies, you may not have access to the full benefits of the Platform(s).  In addition, adjusting the cookie settings on the Platform(s) may not fully delete all of the cookies that have already been created.  To delete them, visit your web browser settings after you have changed your Cookie Settings on the Platform(s).  Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browser providers:

Google Chromehttps://support.google.com/chrome/answer/95647?hl=en

Firefox:  https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer: http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Safari: http://help.apple.com/safari/mac/8.0/#/sfri11471

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at: https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/.  You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, and http://www.networkadvertising.org/choices.

IV. HOW LONG WE STORE AND USE YOUR PERSONAL INFORMATION

We will retain and use your personal information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our services, and to enforce our agreements.

We take reasonable steps to delete the personal information we collect about you, where we have a legal obligation to do so, if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations.  To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

V. HOW WE PROTECT PERSONAL INFORMATION

We understand the importance of securing and protecting your information.  We maintain safeguards to secure your personal information and to help protect the integrity and privacy of the personal information you provide.  For example, when collecting credit card information, we offer secure-server transactions that encrypt your information in transit to thwart someone form intercepting and misusing it (more information about how we protect your credit card information can be found under “Help” at https://www.jtv.com/help). We also use “firewalls,” secure socket layers and other security technology to protect your information and our network. We secure your personal information on servers located in controlled, secure environments, protected from unauthorized access, use or alteration. Our employees have limited access to your personal information based on their responsibilities and all employees with access to any such information are instructed to protect the confidentiality of your personal information as described in the Privacy Policy.

We want you to feel confident using our Platform(s) to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your personal information, we do not promise, and you should not expect, that your personal information will always remain secure. You should also take care with how you handle and disclose your personal information and should avoid sending personal information through unsecure e-mail. We encourage you to learn about how to prevent identify theft. Some excellent resources can be found on the websites like the site of the Federal Trade Commission, www.ftc.gov.

We also take numerous measures to prevent the unauthorized disclosure of SSNs. Our policy includes these steps:

  • Prohibiting unlawful or unauthorized disclosure of SSNs;
  • Limiting the number of people with access to SSNs:
  • Prohibiting the storage of SSNs in searchable databases;
  • Encrypting SSNs when they are sent to the provider of the JTV private label credit card;
  • Properly disposing of customer recordings or images that contain SSNs; and
  • Disciplining any employee who violates this policy.

Furthermore, JTV employees are only allowed to display or disclose a SSN as permitted by JTV’s processes. JTV will not mail any document on which a SSN is visible on, or from, the outside of the mailed article. Nor will JTV use a SSN as a general identifying number for any account, or visibly print it or embed it on any credit, gift, or loyalty card. JTV will not require customers to use or transmit their SSNs over the Internet, unless the connection is secure, or the transmission is encrypted.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

VI. RIGHTS AND CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

1. Opting-out of email, newsletters, or other communications.

  • Registration, Newsletters and Opt-Out.When you register on our Platform(s), checkout, or place an order with us via any Platform(s), you may be asked if you would like to receive information on our products, services and promotions and information about similar products and services offered by third parties we have selected. You can also sign up for our newsletter on our Platform(s) by inserting your email address into a box marked for that purpose. You may unsubscribe from our email services whenever you like by using the opt-out link on our email correspondence. You can also contact Customer Service and tell them that you want to opt-out from our email list at CustomerCare@jtv.com or (800) 550-8393.  It may take us up to seven (7) days to process any request to opt-out of communications.

  • Service-Related Emails.We reserve the right to send you service-related announcements on rare occasions when it is necessary to do so. For example, if our service is temporarily suspended for maintenance, we might send you an email. You can’t opt out of these communications unless you deactivate your account.

  • Transaction-specific Emails.If you provide your email address when placing an order, either online or via our call center, you will receive transaction-based emails including but not limited to order confirmation and shipment confirmation.

2. Accessing and updating your customer profile information on our websites. Our goal is to keep your customer profile information on our websites accurate, current, and complete. If any of the information you have provided to us as part of your customer profile on our websites changes, please let us know. You can both check and update the information in your customer profile by clicking on the My Account link on our websites and following the instructions provided for you. You may also call Customer Care at (800) 550-8393 to update your information.

3. State specific rights.

a. Residents of Nevada. As required by Nevada law, effective October 1, 2019, if you are a resident of Nevada you may submit a verified request to JTV at jtvprivacyrequest@jtv.com to request that JTV not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that JTV has collected or will collect about you.  JTV will respond to any such request as required by Nevada law.

b. Residents of California.

i. The California “Shine the Light” Law.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits certain of our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. Please be aware that not all information sharing is covered by the “Shine the Light” requirements. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request by sending an e-mail to: jtvprivacyrequest@jtv.com. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes, as defined under the Shine The Light law.  As part of the California Online Privacy Protection Act, all users of our Platform(s) may make any changes to their information at any time by contacting us at jtvprivacyrequest@jtv.com.

ii. The California Consumer Privacy Act (“CCPA”)

For purposes of this subsection regarding the CCPA, all terms referenced herein shall have the meaning accorded to them in the CCPA, when applicable.  This subsection regarding the CCPA applies only to California consumers, as defined under the CCPA. The CCPA was enacted in California and became effective on January 1, 2020.

The CCPA Requires that covered businesses make certain disclosures and provide information to you regarding your rights as California resident under the CCPA.  That information is provided below.

What personal information has JTV collected during the 12 months preceding the Effective Date of this Privacy Policy (the “Preceding 12 Months”)?

We collected the categories of personal information listed above in the Information We Collect and How We Use It section of this during the Preceding 12 Months.

What are the sources from which JTV has collected personal information during the Preceding 12 Months?

We collected the categories of personal information listed in the Information We Collect and How We Use It portion of this Policy from you and through your interaction and engagement with our Platform(s).  The categories of sources from which we collect personal information include:

  • Interacting with our Platform(s), including viewing, browsing, providing any user generated content such as comments/feedback, photos, ratings, or reviews, and/or contacting our customer care team;
  • Business transactions with JTV via one or more of our Platform(s), including placing a merchandise order, creating an account with JTV, updating JTV account preferences, and applying for a JTV Preferred Card;
  • Subscriptions to emails or newsletters from JTV;
  • Participation in JTV contests, sweepstakes, and/or surveys;
  • Submitting a vendor or employment application to JTV; and/or
  • Engaging with our social media platform(s)

Additionally, in order to provide our services to you, we may supplement your personal information with information from third party sources. For example, for credit card payments, we may communicate with a company that processes credit card payments and utilize services which help us verify your identity. This supplemental information may also include information we obtain from other third-party sources.

What are the business or commercial purpose(s) for which JTV has used the collected personal information during the Preceding 12 Months?

We have collected the categories of personal information listed above in the Information We Collect and How We Use It section of this Policy during the Preceding 12 Months for the purposes listed for each category.

What are the categories of third parties with which JTV shared personal information, and for what purposes did JTV disclose such personal information, during the Preceding 12 Months?

JTV has shared during the Preceding 12 Months the categories of personal information listed in the Information We Collect and How We Use It section above with the following categories of third parties for the described purposes:

  • Third-party Service Providers for a Business Purpose.We use third-party service providers in various aspects of our business, and we have shared personal information during the Preceding 12 Months as necessary for them to perform business purposes on behalf of JTV.
  • JTV’s Affiliated Companies.We also shared personal information during the Preceding 12 Months with Affiliated Companies.
  • With Your Consent.During the Preceding 12 Months we have shared certain of your information with certain specific third-party marketers when you accepted an offer from them or otherwise consented for us to do so.

Has JTV sold any personal information in the Preceding 12 Months?

No.  We do not sell personal information for purposes of the CCPA.

What are my rights under the CCPA to request and delete my personal information?

As described in more detail below, the CCPA gives California consumers the right to request that we (1) disclose what personal information we collect, use, disclose, and sell, and (2) delete certain personal information that we have collected or maintain.  You may submit these requests to us as described below, and we honor these rights where they apply. 

However, by way of example, these rights do not apply where we collect or sell a consumer’s personal information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s personal information occurred in California, and (3) no personal information collected while the consumer was in California is sold.  In addition, de-identified information is not subject to these rights.

If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (1) treat the request as if it had been submitted in accordance with the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.

We use reasonable security measures when transmitting personal information to consumers in response to requests under the CCPA and have implemented reasonable measures to detect fraudulent identify-verification activity and to prevent the authorized access to or deletion of personal information. We are required by law to maintain records of consumer requests submitted under the CCPA and how we responded to such requests for at least 24 months, and we only use this information for recordkeeping purposes.

  • Request to Know. As described below, you have the right to request: (1) the pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold, if any, and the categories of third parties to whom the personal information was sold; (5) the categories of personal information about you that we disclosed for a business purpose, if any, and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling personal information, if any; and (7) the categories of third parties with whom we share personal information, if any.  Our response will cover the 12-month period preceding our receipt of a verifiable request.

Submission Instructions.  You may submit a request to know via our Request Portal or via (800) 550-8393. 

Verification Process.  We are required by law to verify the identities of those who submit requests to know, and our verification process is described in detail below.  We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our privacy policy.

  • If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.

  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Response Process. Upon receiving a request to know, we will confirm receipt of the request within 10 calendar days and provide information about how we will process your request. The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request).  In general, we will respond to the request within 45 calendar days from the day we receive it; but, if necessary, we may take up to an additional 45 calendar days to respond to your request.  If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 calendar days.

Once verification is complete, we will associate the information provided by you in the verifiable consumer request to any personal information previously collected by us about you.  We will take reasonable steps to disclose and deliver, free of charge to you, the information requested.  We will provide an individualized response to requests regarding categories of personal information as required by applicable law; but, we may refer you to our general practices outlined in this Privacy Policy when our response would be the same for all consumers and all the information that is otherwise required to be in a response is presented here.

If you do not have a password-protected account with us, we may respond to a request to know related to household personal information by providing aggregate household information.  If all consumers of a household jointly request access to specific pieces of personal information for the household, we will comply with the request if we can verify the identity of each consumer.

Delivery. Except as otherwise provided by applicable law, the information will be provided in writing and we will respond by mail or electronically (at your option) in a portable and, to the extent technically feasible, readily useable format that allows you to transmit the information to another entity.  Alternatively, at our option, we may offer a secure self-service portal for consumers to access, view, and receive a portable copy of their personal information.  If we do not take action on your request, we will, without delay and, at the latest, within the time period permitted for our response, inform you of the reasons that we did not take action and any rights you may have to appeal the decision.

Limitations. We are committed to responding to requests to know in accordance with applicable law.  However, your rights are subject to the following limitations:

  • We are only required to respond to requests to know twice in a 12-month period.

  • We are not permitted to provide specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to (1) the security of that personal information, (2) the consumer’s account with us, or (3) the security of our systems or networks.

  • We are prohibited from disclosing Social Security numbers, driver’s license numbers, other government-issued identification numbers, financial account numbers, health insurance numbers, medical identification numbers, account passwords, and security questions and answers.

Denials. If we deny a verified request to know specific pieces of personal information, in whole or in part, because of a conflict with federal or state law, or an exception under applicable law, we will inform the requestor and explain the basis for the denial.  If the request is denied only in part, we will disclose the other information sought by the consumer.

  • Request to Delete. You have a right to request the erasure/deletion of certain personal information collected or maintained by us.  As described below, we will delete your personal information from our records and direct any service providers (as defined under applicable law) to delete your personal information from their records.

Submission Instructions:  You may submit a request to delete via our Request Portal or via email at jtvprivacyrequest@jtv.com. We may present you with the choice to delete select portions of your personal information, but a global option to delete all personal information will be offered and more prominently presented.

Verification Process.  We are required by law to verify the identities of those who submit requests to delete, and our verification process is described in detail below.  We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request to delete, we may deny the request. We will, however, treat the request as a request to opt-out of sales of personal information.

  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Response Process. Upon receiving a request to delete, we will confirm receipt of the request within 10 calendar days and provide information about how we will process your request.  The information provided will describe our verification process and when you should expect a response from us (unless we have already granted or denied the request).  We will use a two-step process for online requests to delete in which you must first, clearly submit the request to delete and then second, separately confirm that you want your personal information deleted.  In general, we will respond to the request within 45 calendar days from the day we receive it; but, if necessary, we may take up to an additional 45 calendar days to respond to your request.  If an extension is needed, we will notify you of the extension and explain the reasons that responding to your request will take more than 45 calendar days.

Once verification is complete, and subject to the limitations as provided below, we will take one of the following actions: (1) permanently and completely erase the personal information on our existing systems (with the exception of archived or back-up systems); (2) de-identify the personal information; or (3) aggregate the personal information.  For personal information stored on archived or backup systems, we may delay compliance with your request to delete for that data until the archived or backup system is next accessed or used.

If you do not have a password-protected account with us, we may respond to a request to delete related to household personal information by providing aggregate household information.  If all consumers of a household jointly request deletion for the household, we will comply with the request if we are able to verify the identity of each consumer.

Delivery.  In our response to you, we will specify the manner in which we deleted your personal information. We will also inform you of our obligation to maintain a record of the request under California law.

Limitations.  Certain limitations are placed on our obligation to delete under applicable law. For example, we are not required to delete your personal information if it is necessary for us (or our service providers) to maintain your personal information in order to:

  • Complete the transaction for which the personal information was collected;

  • Fulfill the terms of a written warranty or product recall conducted in accordance with federal law;

  • Provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you;
  • Otherwise perform a contract between us and you;

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

  • Debug to identify and repair errors that impair existing intended functionality;

  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

  • Comply with a legal obligation; and

  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the information was provided.

Denials.  If we deny your request, we will (1) inform you that we will not comply with the request and describe the basis for the denial, including any applicable statutory and regulatory exceptions; (2) delete the personal information that is not subject to the exception; and (3) not use the personal information retained for any other purpose than provided for by the applicable exception(s).

  • Verification Procedures.

To determine whether the individual making the request is the consumer about whom we have collected information, we are required by law to verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you.  As a part of this process, you will be required to provide one or more of the following: your first name, last name, email address, primary address, and if you have an account on JTV.com, the email address associated with your JTV.com account, the primary phone number associated with your JTV.com account, the amount of the last item you purchased form JTV.com, and your date of birth.

If we cannot verify your identity based on the information already maintained, we may request additional information from you.  We will try to limit the information collected, and we will only use this information to verify your identity and for security or fraud-prevention purposes.  Except as required by law, we will delete any new personal information collected for the purposes of verification as soon as practical after processing the request.

We require different levels of authentication based upon the nature of the personal information requested. A more stringent verification process is applied when (1) sensitive or valuable personal information is involved, (2) there is a greater risk of harm to the consumer, and/or (3) there is a higher likelihood that fraudulent or malicious actors would request the information.

Password-Protected Account. If you have a password-protected account with us, at our option, we may verify your identity through our existing authentication practices for the account. We may require you to re-authenticate yourself before disclosing or deleting your data.  If we suspect fraudulent or malicious activity on or from the password-protected account, we will not comply with the request until further verification procedures determine that the request is authentic and that the consumer making the request is the person about whom we have collected information.

Request to Know Categories. For a request to know categories of personal information, we will verify the identity of the consumer making the request to a “reasonable degree of certainty” by matching at least two (2) data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer.

Request to Know Specific Information. For a request to know specific pieces of personal information, we will verify the identity of the consumer making the request to a “reasonably high degree of certainty” by matching at least three (3) pieces of personal information provided by the consumer with personal information maintained by us, which we have determined to be reliable for the purpose of verifying the consumer, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. We are required by law to maintain all signed declarations as part of our record-keeping obligations.

Request to Delete.  For a request to delete, we will verify the identity of the consumer to a “reasonable degree of certainty” or a “reasonably high degree of certainty,” depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion.  For example, the deletion of family photographs and documents may require a reasonably high degree of certainty, while the deletion of browsing history may require a reasonable degree of certainty.

Excessive Requests.  If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request.  If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

How do I designate an authorized agent to make a request on my behalf under the CCPA?

You may designate an authorized agent to make requests on your behalf by email at jtvprivacyrequest@jtv.com.  If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with written permission to do so; and (2) verify your identity directly with us.  However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.  We may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

Will I receive different treatment if I exercise any of my rights under the CCPA?

No.  You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA.  We do not offer financial incentives and price or service differences, and we do not discriminate against consumers for exercising their rights under the CCPA.

VII.  OTHER IMPORTANT INFORMATION

1. Third-Party Sites.

  • Other/Third-Party Websites. We may provide links on our Platform(s) to other websites and third parties with which we may have no relationship. Because of the dynamic media capabilities of the Platform(s), it may not be clear to you which links are to our pages and which are to external, third-party websites.  You can check the URL to confirm that you have left our Platform(s). If you choose to visit any of these sites, please understand that they have their own privacy policies and you may wish to review them. This Privacy Policy applies only to information collected by our Platform(s) and by us, and it does not apply to any third-party websites.  We cannot and do not (1) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites, or (2) control third parties’ independent collection or use or your personal information.  Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use.

  • Privacy Policies of Third Parties. Any third parties to whom we may disclose your information may have their own privacy policies which describe how they use and disclose such information. In addition to restrictions imposed under this Policy upon third parties use of your information obtained from us, the third parties’ privacy policies will also govern use, handling and disclosure of your information once we have shared it with those third parties as described in this Privacy Policy.

2. Children.

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personally identifiable information from and about children on the internet.  Our Platform(s) are not directed to children aged 16 or younger, nor is information knowingly collected from children under the age of 16.  No one under the age of 16 may access, browse, or use the Platform(s) or provide any information to or on the Platform(s).  If you are under 16, please do not use or provide any information on the Platform(s).  If we learn that we have collected or received personal information from a child under the age of 16 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 16, please contact us using the contact information provided above.

For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

3. Gemstone Discovery Application. If you download, install, or otherwise use our Gemstone Discovery Application, your use of such application is, in addition to this Privacy Policy, subject to the Gemstone Collection Terms of Use, which can be found in the Gemstone Discovery Application, including those terms and conditions related to any User Generated Content (as defined in the Gemstone Collection Terms of Use) you provide as part of your use of the application

4. Changes to this Privacy Policy. We will update this Privacy Policy from time to time to reflect certain factors such as changes in our practices. When we change the Privacy Policy, we will indicate the date of the last revision in the Effective Date section above. If we make material changes to this Privacy Policy, we will place a notice on our Platform(s) near the link to this Privacy Policy and may also send, at our option, a notice to the email address that you have provided. We reserve the right to modify this Privacy Policy at any time, so you should check our websites and this Privacy Policy frequently to see recent changes. Your continued use of the Platform(s) after the “Effective Date” of an update will constitute your acceptance of and agreement to such changes and to our collection and sharing of your Information according to the terms of the then-current Policy.  If you do not agree with this Policy and our practices, do not access, view, or use any part of the Platform(s).

5. Complaints or concerns. If you believe that your rights relating to your personal information have been violated, you may lodge a complaint with us by contacting us using the information provided at the beginning of this Policy.

6. Questions. If you should have any questions about this Policy, please contact us at the information provided at the beginning of this policy.