Oats Overnight Privacy Policy

Last Updated: April 15, 2024.

Please see our Privacy Snapshot for a high-level overview of our privacy practices.

This “Privacy Policy” describes the privacy practices of Oats Overnight, Inc., and our subsidiaries and affiliates (collectively, “Oats Overnight”, “we”, “us”, or “our”) in connection with the https://www.oatsovernight.com/ website, the Oats Overnight mobile application, any other website or mobile application that we own or control and which posts or links to this Privacy Policy (the “Sites”) as well as our stores and related services (together with the Sites, the “Service”), and the rights and choices available to individuals with respect to their information.

PERSONAL INFORMATION WE COLLECT

Personal information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

Contact data, personal or business contact information such as your first and last name, email and mailing addresses, phone number, professional title and company name.
Registration data, such as information that you provide to register for an account or sign up for an event, including the day and month of your birth and the event you registered for.
Profile data, such as your username and password that you may set to establish an online account with us and your interests and preferences.
Communications, such as information you provide when you contact us with questions, feedback, survey responses, or otherwise correspond with us.
Payment data, needed to complete your transactions with us and our business partners including name, payment card information, and billing information. This information is processed by our payment service providers, Braintree and Shopify Payments, which may handle your payment information in accordance with their own privacy policies. We do not have access to your full payment card information.
Marketing data, such as the email address or contact details that we use to send marketing communications and your preferences for receiving communications about our activities, events, sweepstakes and contests.
SMS Marketing data, such as mobile phone number. We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
Purchase data, including your order history and information needed to process and fulfill your order, including order details, billing address, and delivery address.
Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information about non-users.

We may collect data about others for whom you purchase an item or gift, such as name, delivery address and phone number. Please do not purchase a gift for someone or share their contact information with us unless you have their permission to do so.
Users of the Service may have the opportunity to refer friends or other contacts to us. We may maintain the contact information of users who have not joined. If you are an existing user, you may only submit a referral if you have permission to provide their contact information to us so that we may contact them.

We will handle non-user information in accordance with this Privacy Policy. Non-users can exercise their privacy rights and choices as described below.

Information we obtain from other sources.

We may also collect information about you from:

Third-party login information. When you link, connect, or login to our Services with a third-party service (e.g., Google, Facebook, or LinkedIn), you direct the service to send us information such as your registration, friends list, and profile information as controlled by that service or as authorized by you via your privacy settings on that service.
Social media. We may maintain pages on social media platforms, such as LinkedIn, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platform may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.
Other sources. We may obtain personal information from other third parties, including marketing partners, such as advertising and joint marketing partners, data providers, such as information services and data licensors, and publicly-available sources, such as blogs or forums.

Automatic collection. We and our service providers may automatically log information about you, your computer or mobile device, and your activity occurring on or through the Sites, such as:

Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, the website you visited before browsing our site, and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access.
Geolocation information, from your device via your browser or, with your permission, your mobile device location services. We use this information to personalize your experience with the Service, including to recommend nearby businesses and events. Please consult your browser or device settings to turn off location services. If you disable location services, you may not be able to use the full array of features and functionalities available through our Service.

We use the following tools for automatic data collection:

Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

Service delivery. We may use your personal information to:

provide, operate and improve the Service;
establish and maintain your account on the Service;
communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;
respond to your requests, questions, and feedback;
understand your needs and interests, and personalize your experience with our Service and our communications;
provide customer support and maintenance for the Service; and
enable security features of the Sites, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in.

For research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymized data from personal information that we collect. We make personal information into anonymized data by excluding information that makes the data personally identifiable to you. We may use this anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Marketing and advertising. We, our service providers, and our third-party advertising partners may collect and use personal information for the following marketing and advertising purposes:

Direct marketing. We may send you direct marketing communications as permitted by law, including by email. You may opt out of our marketing communications as described in the " Opt out of marketing communications" section below.
Text message. We may send you text messages to invite you to the Service or notify you about special offers or opportunities. If you would like more information about our do-not-call policy, or how to opt out, please review the “ Opt out of marketing communications” section below. You may be liable for standard SMS and per-minute charges by your mobile carrier.
Interest-based advertising. We may engage third-party advertising partners, such as Google, to display ads on our Service and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data and/or geolocation data described above) over time across our Service and other sites and services or your interaction with our emails and use that information to serve ads that they think will interest you. These ads are known as "interest-based advertisements." We may also share information about our users with these companies to facilitate interest-based advertising to our or similar users (known as a "lookalike audience") on other online platforms. You can learn more about your choices for limiting interest-based advertising, in the " Your Rights and Choices" section below.

To comply with laws and regulations. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

HOW WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information with the following entities and as otherwise described in this Privacy Policy or at the time of collection:

Affiliates. Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, SMS or text related services, database management service's, returns processing and risk and fraud mitigation).

Advertising partners. Third party advertising companies, including for the interest-based advertising purposes described above, which may collect information on the Services through cookies and other automated technologies, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.

The public. Other users of the Service and the public when you disclose personal information for public use. For instance, you may be able review a product that you purchased, and we will display your name along with the content you submit. We do not control how other users, or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.

Professional advisors. Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention and safety purposes described above.

Business transferees. We may sell, transfer, or otherwise share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an insolvency, bankruptcy, or receivership.

YOUR RIGHTS AND CHOICES

Access or update your account information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Location preferences. Users of our App can disable our access to their device’s precise geolocation in their mobile device settings.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of the email or by contacting us as provided in the “ How to Contact Us” section below. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.

Personal information requests. We offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our Services, you may request the following in relation to your personal information:

Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
Correction of personal information that is inaccurate or out of date.
Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.
Opt out of sharing your personal information for interest-based advertising. We share personal information with advertising partners that display targeted advertisements to users around the web. You can limit online tracking as described in our Cookie Policy or by clicking Do Not Share My Personal Information on the footer of our website.

To make a request, please email us or write to us as provided in the “ How to Contact Us” section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an authorized agent to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

Limits on your privacy rights and choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “ How to Contact Us” section below. Depending on where you reside, you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred.

Limit online tracking. Here are some of the ways you can limit online tracking:

Like many companies online, we use services provided by Google, Facebook and other companies that use tracking technology. Your choices for opting out of these companies’ use of your personal information for interest-based advertising include:

Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org.
Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
Platform opt-outs. The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising:
Google: https://adssettings.google.com

Note that the above opt-out mechanisms are specific to the device or browser on which they are exercised. You will need to opt out on every browser and device that you use.

Advertising industry opt-out tools. Some of our business partners that collect information about users’ activities on or through the Sites or Apps may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. You can use the following opt-out options to limit use of your information for interest-based advertising by participating companies:
Digital Advertising Alliance: http://optout.aboutads.info
- Network Advertising Initiative: http://optout.networkadvertising.org/?c=1

If you choose to opt-out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com

Choosing not to share your personal information. If you do not provide information that we need to provide the Service, we may not be able to provide you with the Service or certain features. We will tell you what information you must provide to receive the Service when we request it.

OTHER SITES, MOBILE APPLICATIONS AND SERVICES

The Sites may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.

SECURITY PRACTICES

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

CHILDREN

The Service is not intended for use by children under 16 years of age, and we do not knowingly collect information about children under age 16 through the Service. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian as required by law, we will delete it.

JOB APPLICANTS

When you visit the Careers portion of our websites, we collect the information that you provide to us in connection with your job application. This includes but is not limited to business and personal contact information, professional credentials and skills, educational and work history and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information on the basis of our legitimate business interests to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, to monitor recruitment statistics and to respond to surveys. We may also use this information to provide improved administration of the Service and as otherwise necessary (i) to comply with relevant laws or to respond to subpoenas or warrants served on us, (ii) to protect and defend our or others’ rights or property, (iii) in connection with a legal investigation and (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy or our

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Sites. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail or another manner through the Service.

HOW TO CONTACT US

Please direct any questions or comments about this Policy or privacy practices to support@oatsovernight.com. You may also write to us via postal mail at:

Oats Overnight

Attn: Legal – Privacy

2420 W 14th St Suite B

Tempe AZ, 85281

Privacy Snapshot

The chart below provides a high-level snapshot of our privacy practices. You need to read the entire Privacy Policy for complete information.


Category	Do We Collect?	How We Collect	Primary Purposes of Processing	Key Recipients / Disclosures	Can You Limit Sharing?
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name	Yes	When you visit or use our Service; from third-party sites and services; when you apply for a job with us	To provide our Service; to improve, monitor, and personalize our Service; to communicate with you; for marketing and advertising; to process your job application	Service providers	No
Advertising partners (except for job applicants)	Yes
Characteristics of protected classifications under CA or federal law	Yes	When you apply for a job with us	To process your job application	Service providers	No
Commercial information, including but not limited to records of personal property, products or services purchased, obtained or considered	Yes	When you visit or use our Service	To provide our Service; to improve, monitor, and personalize our Service; to communicate with you; for marketing and advertising	Service providers	No
Advertising partners	Yes
Personal information categories listed in the CA Customer Records Statute (e.g., name, contact details)	Yes	When you visit or use our Service; from third-party sites and services; when you apply for a job with us	To provide our Service; to improve, monitor, and personalize our Service; to communicate with you; for marketing and advertising; to process your job application	Service providers	No
Advertising partners (except for job applicants)	Yes
Biometric information	No	N/A	N/A	N/A	N/A
Internet or other electronic network activity information, including information regarding a consumer’s interaction with a website	Yes	When you visit or use our Service	To provide our Service; to improve, monitor, and personalize our Service; for marketing and advertising	Service providers	No
Advertising partners	Yes
Geolocation data	Yes	When you visit or use our Service	To provide our Service; to improve, monitor, and personalize our Service; for marketing and advertising	Service providers	No
Advertising partners	Yes
Audio, electronic, visual, thermal, olfactory or similar information	No	N/A	N/A	N/A	N/A
Professional or employment-related information	Yes	When you visit or use our Service; when you apply for a job with us	To provide our Service; to improve, monitor, and personalize our Service; to process your job application	Service providers	No
Education information, defined as information that is not publicly available personally identifiable information as defined in FERPA	No	N/A	N/A	N/A	N/A
Inferences drawn from information identified to create a profile about a consumer	Yes	When you visit or use our Service	To provide our Service; to improve, monitor, and personalize our Service; for marketing and advertising	Service providers	No
Advertising partners	Yes
Sensitive personal information (as defined in CA Civil Code 1798.140 (ae))	Yes	When you apply for a job with us	To process your job application	Service providers	No

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