Hollywood Feed Messaging and Promotional Email Terms & Conditions
Updated on July 14, 2021 (“Effective Date”).
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Hollywood Feed, including text 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. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. You agree to receive recurring automated promotional emails send from Hollywood Feed to the email address you provided when signing up or any other email that you designate. Consent to receive automated promotional emails is not a condition of any purchase.
Message frequency will vary. Hollywood Feed reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Hollywood Feed also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Hollywood Feed, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Collection of Information
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Hollywood Feed and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Hollywood Feed through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please call 888-816-8691, or email [email protected], and we will do our best to assist you.
This message program is a service of Hollywood Feed, located at 1341 Warford St, Memphis, Tennessee 38108.
1. General. In the interest of resolving disputes between you and Hollywood Feed in the most expedient and cost effective manner, you and Hollywood Feed agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Hollywood Feed or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Hollywood Feed or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Hollywood Feed ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Hollywood Feed to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and Hollywood Feed will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Hollywood Feed. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process. If you or Hollywood Feed intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Hollywood Feed address for Notice is: 1341 Warford St, Memphis, Tennessee 38108, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Hollywood Feed will make good faith efforts to resolve the claim directly, but if you and Hollywood Feed do not reach an agreement to do so within 30 days after the Notice is received, you or Hollywood Feed may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Hollywood Feed must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Hollywood Feed will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Hollywood Feed for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Hollywood Feed agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Hollywood Feed made within 14 days of the arbitrator's ruling on the merits.
5. No Class Actions. YOU AND Hollywood Feed AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hollywood Feed agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Hollywood Feed makes any future change to this arbitration provision, other than a change to Hollywood Feed address for Notice, you may reject the change by sending us written notice within 30 days of the change to Hollywood Feed address for Notice, 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 Hollywood Feed.
7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Effective Date: August 10, 2022
SECTION 1 – INFORMATION WE COLLECT
You may voluntarily provide information about yourself when you contact us, use our Site, create an account, or purchase something from us. Information we collect includes:
- Contact and profile information, such as your name, address, telephone number, and email address;
- Information about your transactions, such as items you purchased and your payment method;
- Product purchase history and account information;
- Information about your device's location, if you choose to provide it when you visit our Site; and
- Information relating to your interaction with products on our website and webpages, including information regarding which products you browsed, and whether you have abandoned browsing or abandoned a shopping cart.
If you contact us through our Site, we will also collect any information you provide in your communication.
When you browse our Site we automatically collect information about your device and use of our Site, including IP address, browser type, device type and operating system, and other information we collect through cookies and similar technology.
SECTION 2 – INFORMATION USE
We may use the information we collect for any lawful purpose, including:
- To provide products and services you request;
- To respond to your inquiries;
- To operate, personalize, and improve our products and services, including for analytics purposes;
- To send promotions and marketing materials that may be of interest to you;
- To comply with the law and to maintain the security of our website; or
- With your consent, or as otherwise disclosed at the time information is collected.
SECTION 3 – INFORMATION DISCLOSURE
We may share the information we collect with third parties, including:
- Service providers, such as those who host and operate our Site, process your payment when you make a purchase from us, help us conduct our marketing campaigns, deliver our products to you, and help us analyze our products and services;
- As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding;
- Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties;
- With your consent or as otherwise disclosed at the time of data collection or sharing.
We may share information that has been anonymized or aggregated without limitation.
The Site may offer interactive features, such as the ability to leave reviews, that you can use to communicate with other Site visitors or to submit and post your own content. If you disclose information in one of these forums, this information can be viewed, collected, and used by others.
SECTION 4 – THIRD PARTIES
We share your personal information with third parties as described in Section 3.
When you click on links on our Site, they may direct you away from our Site. We do not control the privacy practices of other sites and encourage you to read their privacy statements.
The Site also includes integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Site, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public.
SECTION 5 – DIGITAL ADVERTISING AND ANALYTICS
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.
We may also work with third parties that collect data about your use of the Site and other sites or apps over time for non-advertising purposes. Hollywood Feed uses Google Analytics and other third-party services to improve the performance of the Site and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our Site, visit https://policies.google.com/technologies/partner-sites/, and to opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
SECTION 6 – YOUR CHOICES
If you prefer not to receive marketing emails from Hollywood Feed, please click the ‘unsubscribe’ link at the bottom of the email.
If you no longer want us to collect information through our Site about your device’s precise location, you can adjust your preferences through your browser settings.
SECTION 7 – CALIFORNIA PRIVACY RIGHTS
This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA.
Personal Information We Collect. In the preceding 12 months, we collected the following categories of personal information about California consumers.
Categories of Personal Information
Disclosed for business purposes to the following categories of third parties:
Sold to following categories of third parties:
|Personal and online identifiers (such as first and last name, email address, or unique online identifiers)||All categories listed below.||All categories listed below.|
|Categories of information described in Section 1798.80(e) of the California Civil Code (such as physical characteristics or description, insurance policy number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information)||All categories listed below.||None.|
|Commercial or transactions information (such as records of personal property or products or services purchased, obtained or considered)||All categories listed below.||None.|
|Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, or advertisement)||All categories listed below.||All categories listed below.|
|Biometric information (such as call recordings)||All categories listed below.||None.|
|Geolocation information||All categories listed below.||All categories listed below.|
|Inferences drawn from the above information about your predicted characteristics and preferences||All categories listed below.||All categories listed below.|
|Other information about you that is linked to the personal information above||All categories listed below.||All categories listed below.|
Categories of Sources. We collect personal information from the following categories of sources:
- Advertising networks;
- Data analytics providers;
- Operating systems and platforms;
- Social networks;
- Data brokers;
- Service providers; and
- Affiliates not under the Hollywood Feed brand.
- Our commercial purposes, including marketing, advertising, and enabling commercial transactions.
- Our business purposes as identified under law (including the CCPA), which include:
- Auditing related to our interactions with you;
- Legal compliance;
- Detecting and protecting against security incidents, fraud, and illegal activity;
- Performing services (for us or our service providers) such as account servicing, processing orders and payments, and analytics;
- Internal research for technological improvement;
- Internal operations;
- Activities to maintain and improve our services; and
- Other one-time uses.
Recipients of Personal Information. We disclose the categories of personal information designated above to the categories of third parties listed below for business purposes:
- Service providers;
- Affiliates not under the Hollywood Feed brand;
- Government entities;
- Advertising networks;
- Internet service providers;
- Data analytics providers;
- Operating systems and platforms;
- Social networks; and
- Consumer data resellers.
Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
- The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you; the categories of sources from which we collected personal information about you; our purposes for collecting or selling personal information about you; the categories of personal information about you that we have either sold or disclosed for a business purpose; and the categories of third parties with which we have shared personal information.
- The right to request that we delete the personal information we have collected from you.
- The right to opt out of our sale(s) of your personal information. Please note that if you opt out of certain types of sales, we will be unable to provide you with the services that rely on such sales.
- The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below:
- By phone at 1-888-816-8691
- Online at "Do Not Sell My Personal Information"
Verification Process and Required Information. We may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We will require you to provide, at a minimum, your name, email address, and phone number.
Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf by submitting a written, signed permission to [email protected].
Minors’ Right to Opt In. We do not have actual knowledge that we sell the personal information of minors under 16 years of age.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete your personal information, register a complaint, or simply want more information, please contact our Privacy Compliance Officer at [email protected], or via United States mail at:
ATTN: eCommerce Privacy Compliance Officer
1341 Warford St Memphis, Tennessee 38108
Account holders may also update their personal information via the “Profile” section under the “My Account” tab on our Site.
The purpose of this Policy is to define the policy and procedures for the collection, use, safeguarding, storage, retention, and destruction of biometric data. It is the Company’s policy to collect and store biometric data in accordance with applicable laws, including, but not limited to, the Illinois Biometric Information Privacy Act.
Biometric data includes “biometric identifiers” and “biometric information” under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. “Biometric identifiers” include fingerprints. “Biometric Information” includes any information regardless of how it is captured, converted, stored, or shared based on an individual's biometric identifier used to identify an individual. The Company collects Fingerprint Image Data (“FID”) from its employees who consent to provide it. The Company’s retail management software vendor, FieldStack, collects and processes Fingerprint Minutia Data (“FMD”) from the FID collected at the store electronic transaction terminals.
The Company collects, stores, and uses biometric data solely for purposes of financial security, and for tracking employee work time and attendance. The Company’s biometric time clocks are computer-based systems that scan an employee’s finger or hand for purposes of identification. The computer system extracts unique data points and creates a unique mathematical representation used to verify the employee’s identity and, for example to track when the employee commences or ends work. The Company will obtain written authorization from each employee prior to the collection of such data. The Company will not sell, lease, trade, or disclose any biometric data that it receives from its employees unless it first has the employee’s written consent to do so, the disclosure is required by state or federal law, or the disclosure is required pursuant to a valid subpoena.
The Company will retain employee biometric data only until and will permanently destroy such data when the first of the following occurs: the transaction terminal’s next scheduled maintenance (usually every 12 months), or when repaired or taken out of service, but no later than 3 years after the employee’s last interaction with the Company.
The Company will store, transmit, and protect biometric data using a reasonable standard of care. Such storage, transmission, and protection from disclosure will be performed in a manner that is the same as or more protective than the manner in which the Company stores, transmits, and protects from disclosure other confidential and sensitive information of the Company.
Each employee as a condition of employment and/or continued employment must execute a copy of the Consent Form attached to this Policy. Individuals are free to decline or revoke this Consent, but doing so will preclude employment by the Company.