Privacy Policy

Last Edited:  10/1/2022

 This Privacy Policy applies to Personal Information (defined below) collected on any and all websites associated with Oceans East, Inc. and all affiliated domains that link to this Privacy Policy, through any related mobile application, through computerized devices in stores and in-store data collection forms, and at physical retail locations where the Privacy Policy is posted (collectively referred to herein as the “Sites”). This Privacy Policy also explains the choices you have about the way this information is collected and used. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

 
1. INFORMATION COLLECTED

When you use our Sites, we collect your Personal Information and non-Personal Information. The types of information we collect from you depends on the Sites and the features you use on the Sites. “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements or the co-mingling of personal and non-Personal Information. The various types of information we collect from you may include: 

  • Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.
  • Information Collected In-Store: We may collect your name, email address, mailing address, zip code, and preferences if you complete a form within the store. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.
  • Account Information: We may collect your name, email address, mailing address, zip code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
  • Information for Commercial Communications: We may collect your name, email address, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
  • Information Relating to Inquiries: We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.  
  • Information for Promotions: We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
  • Survey Information: We may collect your name, age, zip code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.
  • Usage Information: We may collect usage information passively, while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: Site visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system. Additionally, like any online site or service, our mobile application automatically collects certain information such as your IP address, device information (e.g., the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL from which you access our application. You are not required to affirmatively submit any Personal Information to us in connection with the general use of our mobile application, unless you make a purchase through the application, in which case you must create an account.
  • Information from Other Websites, Including Mobile Applications and Social Media Platforms: If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device’s settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of the application stores from which you download our mobile application, or of any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application and review and use available controls and settings on your device to reflect your preferences.
  • Information from Other Sources: We also may obtain, collect and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites California residents may see the section entitled Your California Privacy Rights.)

 

2.  COOKIES AND IDENTIFIERS  

We may automatically collect and receive personal information when you visit the Sites or use our services. We use this information, which typically remains in aggregate form and does not identify individual users, to improve our Sites and the products and services we offer. The following are examples of ways we may automatically collect information:

  • Cookies:  Cookies are small data files stored on your computer’s web browser, or other passive means of data collection. Like many retailers, we use cookies to personalize your visit to our Sites, remember your preferences, help you place your order or otherwise improve your experience on our website, and the performance of our sites and marketing efforts. You can adjust your web browser to accept or reject cookies, however, if you disable all cookies, some features of the Sites may not work as intended. We, or our service providers, may also use technologies, such as cookies, to provide you with personalized advertising tailored to your interests.
  • Analytics tools and aggregate data:  Our sites use analytics tools such as Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help the Site analyze how you use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google in aggregate form. Google uses this aggregated information on our behalf in order to evaluate use of the Site, compile reports on Site activity and other services relating to Site activity and usage. You can learn more about how Google Analytics and how to opt out here: https://tools.google.com/dlpage/gaoptout.

 
 
3.  HOW WE USE THE INFORMATION COLLECTED
 
We may use the information we collect as necessary and to fulfill your requests, including in the following ways:

  • Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.
  • Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.
  • Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.
  • Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.
  • Aggregated Information: In an ongoing effort to better understand and to serve the users of the Sites, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is not classified or treated as Personal Information under this Privacy Policy.

4.  HOW WE SHARE YOUR INFORMATION

We may share the information described in Section 1 above to the following categories of third parties in the following circumstances:

  • Order Fulfillment and Fraud Protection:  If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.
  • Subsidiaries and Affiliates: We may also share your Personal Information with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Information in accordance with this Privacy Policy.
  • Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information. We employ a vetting process to assess our partners’ data protection practices.
  • Legal Requirements: We may disclose your Personal Information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
  • Successor Entities: We reserve the right to disclose or transfer your personal information to a successor entity in the event of a corporate merger, consolidation, sale of assets or other corporate changes respecting Oceans East Inc. or our affiliated companies.

 

We do not sell personal information about our site visitors or customers.

 

6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE

We take commercially reasonable measures to ensure the security and confidentiality of your Personal Information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. If we learn of a data security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please notify us by e-mailing info@fishoceanseast.com.

 

7. YOUR CHOICES AND INDIVIDUAL RIGHTS

You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in Section 16 to update your contact information or to change your subscription preferences. In addition, you may:

  • Limit the  Personal Information You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.
  • Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.
  • Opt Out of Marketing Emails and Texts: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.
  • Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

 

8. LINKING TO OR FROM ANOTHER WEBSITE

 

The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your Personal Information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.

 If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

9. HOW WE RESPOND TO DO NOT TRACK SIGNALS

 Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.

 10. INFORMATION COLLECTED FROM CHILDREN

 Protecting the privacy of children is extremely important to us. The Sites are directed toward a general audience and are not directed at nor intended for use by children under the age of 13. We do not knowingly collect or intend to collect Personal Information from anyone who is under the age of 13. If you are under the age of 13, you should not provide any Personal Information to us. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Sites. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us through the methods provided in Section 16 and we will endeavor to delete that information from our databases.

 11. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES

 If you are visiting our Sites from outside the United States, please be aware that you are sending information (including Personal Information) to the United States where our servers are located. We will hold and process your Personal Information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. United States privacy laws may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. Therefore, by providing your Personal Information, you consent to the collection, use, and sharing of your Personal Information as set forth in this Privacy Policy and to the transfer of your Personal Information to the United States as indicated above, in accordance with applicable law.

 12. CHANGES REGARDING THIS PRIVACY POLICY

 The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. When we do, we will also revise the "Last Updated" date at the top of this Privacy Policy. Please review this policy periodically, and especially before you provide any Personal Information.

 If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes.

 This Privacy Policy was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

13. YOUR CALIFORNIA PRIVACY RIGHTS

This section of the Privacy Policy applies if you are a resident of California and use our Site.

 The California Shine the Light Law grants California residents the right to obtain certain information about the types of Personal Information that companies with whom those individuals have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, that law provides that California residents may request a copy of the Personal Information that we hold about them. California residents may also request information regarding the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request either a copy of the information maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to the California Shine the Light Law, please contact us via email info@fishoceanseast.com, or by writing us at the address at the bottom of this Privacy Policy. Please allow 30 days for a response to your request.

After January 1, 2020, The California Consumer Privacy Act of 2018 (CCPA) grants residents of California certain rights pertaining to the Personal Information we may collect and share with third parties for a business purpose. These purposes may include: providing our products and services, maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, performing analytics and quality control, auditing transactions, researching and testing features and improvements, detecting and preventing fraud and security incidents, debugging or repairing technical errors, and marketing our products. 

 The categories of information we have collected from California residents in the past 12 months, the sources of that information, the business purpose for the collection of that information, and the third parties to whom we may disclose that information may include:

 

  • Identifiers: We may collect your name, aliases, postal address, email address, online identifier, Internet Protocol address, account name, or other similar unique personal identifiers. We may collect this Personal Information directly from you, indirectly from you (e.g., from observing your actions on our website) or from third party service providers, such as a data analytics provider. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products or special offers, processing your orders, processing employment applications or processing documentation required for legal purposes. We may disclose this information to third parties, including, payment processors, providers of internet, marketing, and administrative services.
  • Personal information categories listed in the California Customer Records statute (California Civil Code § 1798.80(E)): We may request credit card signatures, infer physical characteristics from information you provide regarding style selections and clothing or footwear sizes, and credit card or debit card number. We collect this information directly from you.  The business purpose for which we may collect this information is to process your order. We disclose this information to payment processors. 
  • Commercial information: We may collect information pertaining to products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We may collect this information directly from you. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products, or special offers or to process your order. We may disclose this information to third parties, including, payment processors, and providers of delivery or marketing services.
  • Internet or other similar network activity: We may collect information related to browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. We may collect this information indirectly from you (e.g., from observing your actions on our Site) or from third-party service providers, such as a data analytics provider. The business purpose for which we may collect this information includes providing targeted advertising and providing information about products or special offers. We may disclose this information to third parties, including, internet service providers, payment processors, and advertising networks.
  • Geolocation data: We may collect information pertaining to location. We may collect this information directly from you. The business purposes for which we may collect this information includes responding to an inquiry, processing your order or to provide targeted advertising. We may disclose this information to third parties, including, internet service providers and advertising networks.
  • Audio and visual information: We may collect video recordings made of customers while they are visiting our stores. These recordings are maintained in a deidentified, i.e., anonymized, form. We may collect this information directly from you. The business purpose for which we may collect this information includes providing customer service, for fraud prevention, and to protect our legal rights. We may disclose this information to third parties as needed to protect our rights and the rights and safety of our customers and employees.
  • Inferences drawn from other personal data: We may collect profiles reflecting a person’s shopping preferences and behavior. We may collect this information indirectly from you (e.g., from observing your actions on our Site), and from third-party service providers, such as a data analytics provider. The business purposes for which we may collect this information include improving the online shopping experience for consumers. We may disclose this information to third parties, including advertising networks, in aggregated and/or deidentified, i.e., anonymized, form.
  • Characteristics of protected classifications under California law: We may collect information for human resources requirements related to age, race, veterans status or gender. We may collect this information directly from you. The business purposes for which we may collect this information includes processing employment applications and maintaining employee records as required by. We may disclose this information to third parties, including providers of human resources administrative services.
     

If you are a California resident, the CCPA may grant you certain rights in connection with the Personal Information we collect, including:

 

  • You have the right to know and request, no more than twice in a 12-month period, information about the categories of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold your Personal Information or disclosed your Personal Information for a business purpose, and, if so, the categories of Personal Information we sold or disclosed for a business purpose. You also have the right to request the specific pieces of Personal Information we have collected about you and the third parties to whom we may disclose Personal Information. We will endeavor to respond to a verified request within forty-five (45) days of its receipt. If more time is reasonably necessary to provide you with the information you request, we may take an additional forty-five (45) days to respond to your request, and will notify you in writing of the reason(s) an extension is required.
  • You have the right to “opt out” of the sale of Personal Information (or, for consumers who are under 16 years old, the right not to have their Personal Information sold absent their, or their parent’s (for consumers ages 13-15), opt-in). 
  • You have the right to request that we delete your Personal Information.  We may retain your Personal Information, however, pursuant to one or more exceptions provided by law.
  • You have the right to non-discrimination. You have the right to receive equal service and pricing from a business, even after exercising your rights.

 

To submit an access or deletion request or to opt-out of the sale of your Personal Information, email info@fishoceanseast.com or call us at 1-888-885-2488.

 

We verify your identity before completing your request for access or deletion, and, may ask for you to confirm data points we already have about you. Note, the right to opt-out does not need to be a verified request. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf. 

14.  CONTACTING US

If you have any questions, comments, or concerns regarding our Privacy Policy or privacy practices, please send an email to info@fishoceanseast.com, call us at the number below, or write to us at the following address:

Oceans East, Inc

Attention: Online Sales

5785 Northampton Blvd

Virginia Beach, VA 23455

Phone: (888) 885-2488 or (757) 464-6544

Monday – Friday 9 am to 5 pm (EST)