Privacy Policy

PRIVACY POLICY 

Welcome to the DearMax, Inc (“Company”) Website located at www.dearmax.com and the services made available through same (collectively, the “Website”) constitutes your acceptance of this Privacy Policy (the “Privacy Policy”), which incorporates by reference our Terms and Conditions of Use located at www.dearmax.com. If you do not accept this Privacy Policy, you may not use the Website. If at any time you do not agree to this Privacy Policy, you must cease your use of this Website.

We value our customers and are committed to protecting their privacy and informing them as to how their personal information will be used. As a general matter, we collect customer information in an effort to improve your shopping and advocacy experience and to communicate with you about our products, services and promotions, as well as other matters in which you may be interested. We recognize that we must maintain and use customer information responsibly. We have created this Privacy Policy to address our practices regarding the privacy standards that the Company utilizes to collect, retain, and use personal data obtained from individuals located within the United States and elsewhere in the world.

This Privacy Policy does NOT apply to other websites to which we may otherwise link, or to other companies, third-party vendors who provide services to us, or entities who might be listed as third-party contacts on this Website, each of which may be governed by their own privacy policies. This Privacy Policy also does not apply to information we may obtain from other sources about you. By using the Website and/or by contacting us and providing any personal information, you consent to the collection, transfer, storage, disclosure and use of information by us in accordance with this Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on this page.

  1. The scope of this statement

This Privacy Policy sets forth the principles under which the Company collects, uses, processes, retains, and discloses personal data and/or sensitive data in the United States from individuals, including by and through our Website located at www.dearmax.com (the “Website”) and information you provide to us based upon information from our Website (i.e., if you send us an e-mail at an e-mail address identified on the Website or submit information through the Website). This Privacy Policy covers information received in electronic or other formats.

  1. Terms

The terms "we", "us" and "our" refer to the Company, and its officers, directors, owners, employees and agents.  The term “personal data” means any data which relates to a natural person (as opposed to a business or corporate entity) that makes you identifiable. As used herein and in connection with our business, the term personal data may include:

  • Names and contact information, including phone number, physical address, and e-mail
  • Social security number or other national identification number;
  • Income and other financial data and nationality;
  • Financial information related to or required for payment (i.e., credit card or financial account information);
  • Referral source data (i.e., how you ended up at the Website);
  • Any other similar information provided to us by you or on your behalf in connection with our Services (as defined below).

The term “data controller” means the person or entity which decides the purposes for which, and the way in which, any personal data is processed. The term “data processor” means the person or entity which processes personal data on behalf of the data controller. The term “processing” or “process” means any operation or set of operations performed on personal data. Processing includes, but is not limited to, the collection of data, the organizing of data, the recording or saving/storage of data, the altering of data, the using of data, the disclosing or transfer of data, the deleting or destruction of data, or the making available of data.

  1. What information we collect about you

We may collect all types of personal data about you as described in Section 2 above under the definition of “personal data.”

You agree that we may collect and process all such personal data that you provide to us to enable us to provide the services (the “Services”). These Services may include:

  • Management of the Website and all content and services therein.
  • The sale or potential sale and/or delivery and/or return of any goods, products or services you purchase or seek to purchase, or return or seek to return, at or through the Website.
  • Providing an editorial platform in which you can express your thoughts or opinions pursuant to the terms and conditions in connection therewith.
  • Providing you with our “With You” Newsletter to the extent you voluntarily sign-up for or request to receive it. 
  • Responding to or addressing any questions or inquiries from you or otherwise regarding us, any goods or products we sell, or our Website (whether your question or inquiry was via e-mail, directly on the Website, hard copy or otherwise).

You also hereby consent that we may use your personal data for the following additional purposes which may be included in, or part of, the Services:

  • Updating our records;
  • Monitoring your order history, including items purchased and amount spent;
  • Obtaining demographical information of our customers;
  • In connection with any application for employment with the Company;
  • Internal analysis for our business management purposes;
  • Any statutory or regulatory purpose which requires the processing of your personal data;
  • Legal and regulatory compliance;
  • Fraud and crime prevention;
  • Internal or external audits; and
  • Any other purpose for which valid consent is obtained.

In addition to the above, we may also collect other data from you which is not personal data, such as information you provide concerning product reviews.


Please do not supply the following to us:

  • Any other person's personal data, unless the Company explicitly asks you to do so;
  • Any categories of your personal data that have not been explicitly requested by the Company;
  • Any confidential, proprietary, secret or legally protected information which you are not explicitly requested by the Company to provide; and
  • Any confidential, proprietary, secret or legally protected information which are under any legal obligation to not provide to or share with the Company.
  1. How We Collect Information About You

We collect information about you (including personal data) when:

  1. a) You Give Us Information - You may provide us information when:
  • you set up an account with us;
  • you provide it to us by filling out forms, including in connection with our “With You” editorial platform, or the purchase or return of any goods or products from the Website;
  • you send us an e-mail or submit any inquiry on or through the Website, including in connection with a “contact customer service” request or inquiry;
  • you provide information via phone or in person;
  • you provide us with information in writing and send it to us other than via e-mail, phone or in person (i.e., mail, FedEx, etc.);
  • you provide us with documentation;
  • you provide us with information which may contain personal data;
  • you provide us with information in connection with seeking employment with the Company.
  1. b) We Collect Information Automatically – We automatically collect certain types of information when you visit our Website (as explained below).

  2. c) We Collect Information From Other Sources – We may also obtain information about you from outside sources. For example, we may obtain commercially available information about you from third-parties or purchase e-mail lists from third parties for advertising and marketing purposes. We may also receive information from third-parties who provide services for us through web-beacons and other technologies described in this Privacy Policy.
    Use of Cookies
  3. d) Cookies That We Use

We use cookies for the following purposes related to the services we provide for and to you and our users:

  • authentication - we use cookies to identify users of the Website and/or the location of individuals accessing the Website;
  • status - we use cookies to help us to determine if you are logged into our Website;
  • personalization - we use cookies to store information about your preferences and to personalize the Website for you;
  • security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our Website and services generally;
  • advertising - we use cookies to help us to display advertisements that will be relevant to you.
  • diagnosis – we use cookies to diagnose problems with our services and servers;
  • analysis - we use cookies to help us to analyze the use and performance of our Website and services; and
  • cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally and in the event you open an account with us.
  1. e) Cookies Used By Our Service Providers And Vendors

Our service providers and vendors may use cookies and those cookies may be stored on your computer when you visit our Website. These service providers and vendors include:

  • Google Analytics (see https://support.google.com/analytics/answer/6004245?hl=en and information therein), Microsoft Clarity  (https://clarity.microsoft.com/blog/cookies-in-clarity/)
  • You should review the privacy and cookie policies of the above Websites to learn more about the cookies that are used in connection with the above.
  • The above Websites and cookies may change from time to time as we use different vendors or service providers to provide some or all of the services offered or provided by the above services and Websites, or additional services we decide to include. While we will periodically update our list of such vendors and service providers, the above list may not be complete at any given time.
  1. f) Managing Cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

  1. Use Of Web Beacons, Clear-GIFs, Pixel Tags And JavaScript
  • Except as set forth herein, our use of web beacons, clear-gifs, pixel tags and JavaScript is critical to proper functionality our Website, and disabling them may impact the functionality of the Website and the services we provide.
  • We also may use “pixel tags” (also called “action pixels,” “web beacons” or “clear gifs”) and/or JavaScript plug-ins, placed on the Website and in our emails to you.
  • These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a Website or in an email message which are used for such things as recording webpages and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyze our users’ online behavior and measure the effectiveness of our Website and our marketing.
  • We may also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices on the Website and/or in emails to use information obtained from them such as pages viewed, emails opened and items upon which you may click in emails. These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our information we have about you. These third-party providers may also use certain transactional data to provide analytics to us to help us better serve our customers. See above for more information on our cookies.
  • *EU/EEA Data Subjects Only – *You may be able to disable use of web beacons, clear-gifs, pixel tags and JavaScript if you provide us with notice as set forth in Section 13 hereof. However, doing so may impact your ability to use our website and/or our services and/or impact the cost of our services to you.
  1. Server Logs

A web “server log” is a record of activity created by a computer that delivers certain webpages to your browser. Certain activities that you perform on our Website may record information in server logs. For example, if you enter a search term into a search box located on the Website, the server log may record the search term, the link you clicked on to bring you to our Website and/or information about your browser, such as your IP address and the cookies set on your browser.

  1. Search Queries On The Website

We may provide you with options to search for information on our Website. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.

  1. Third Party Advertisements
  • We may use third party service providers to serve advertisements on our behalf across the Internet and sometimes on this Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this Website and other Websites in order to provide advertisements on our Website, other Websites and other forms of media about goods and services of interest to you. This anonymous information is collected through the use of pixel tags or similar technologies which are industry standard technologies used by most major Websites, and which are explained in more detail above.
  • You can read more about online marketing practices and the technologies that support them by visiting the Network Advertising Initiative's Website. If you would like to know your choices about not having this information used by these companies, check out Network Advertising.org.
  • In addition, we may from time to time contract with third party vendors to serve advertisements to our customers on our behalf across the Internet or to send our catalogs to customers whom we think may be interested in our Products. To do this, the vendors will collect anonymous information about your visits to our Website and your interaction with our Products. This anonymous information is collected through the use of a cookie or pixel tag - industry standard technology used by most major Websites, and which is explained in more detail above. No personally identifiable information is to be collected in this process. They may also pool the anonymous information that they collect with other sources of information not collected during your visit to our Website, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving a catalog.
  • If you do not wish for cookies or pixel tags to be placed on your computer, most commercially available web browsers permit you to prevent that from taking place. 
  1. How We Use Your Personal Data
  • We process your personal data identified in this Privacy Policy to perform the Services as defined above. The legal basis for this processing is your consent set forth herein, as well as our contractual obligations.
  • We process your personal data and may disclose it to our affiliate companies, our contractors and our vendors to analyze the effectiveness of our business and so we can provide better and more efficient and desirable services to our customers.
  • We may also process your personal data identified in this Privacy Policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
  • We may also process your personal data identified in this Privacy Policy where necessary for the purposes of managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
  • We may also process your personal data identified in this Privacy Policy where such processing is necessary or advisable for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  1. Providing Your Personal Data To Others
  • We may disclose your personal data to our officers, directors, employees, and agents insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Privacy Policy, including to provide or potentially provide Services to you or for your benefit.
  • We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings, ADR or in an administrative or out-of-court procedure.
  • We may disclose certain of your personal data to vendors and subcontractors to fulfill our Services, including to ship/deliver any goods, products or services you ordered, to address any returned or substituted items, to address any inquiry you submit, and to address any problems or concerns which may arise with you, your order, your inquiries or our Products.
  • We may disclose certain of your personal data to vendors and subcontractors to provide you with personalized e-mail marketing, newsletters, to offer credit and to provide you with other offers and information we believe you may be interested in to the extent you asked us to do so.
  • We may disclose certain of your personal data to the suppliers and subcontractors pursuant to separate consent provided by you to us.
  • The foregoing disclosures are made insofar as reasonably necessary, and only to the extent required, for assisting us in providing our Products to you, storing data and in connection with the administration of our business.
  • In addition to the specific disclosures of personal data set out in this Section 11, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution, or in an administrative or out-of-court procedure.
  1. Transfers Of Your Personal Data
  • By providing your personal data to the Company and using our Services (including making purchases), you are agreeing to the transfer and processing of your personal data to and within the United States in accordance with this Privacy Policy.
  1. Amendments
  • We may update this Privacy Policy from time to time by publishing a new version on our Website.
  • You should check this page occasionally to ensure you are happy with any changes to this Privacy Policy.
  • We may notify you of significant changes to this Privacy Policy by email or through the private messaging system on our Website.
  1. Your Choices About Information We Collect - Not Applicable to EU/EEA Data Subjects
  • If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. Please note that if you do not provide us with certain personal information, the Company may be unable to provide you with its Services, or those Services may not be as good as they otherwise could be.
  • If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails or do not click to agree to receive such e-mails on the Website or when ordering from us. If you do not wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Policy, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please direct your opt-out request including the words “DearMax – PRIVACY” in the subject line to the following contacts:

    E-mail Address:
    info@dearmax.com with the words “DEARMAX - PRIVACY” in the subject line

Please note that de-identified and aggregate data including your personal information may still be shared, but it will not be identified or identifiable to you.

  1. Privacy Of Children Who Visit The Website

We recognize the importance of children’s safety and privacy. The Website is not designed to attract children, and is not intended for use by any children under the age of 18. We do not request, or knowingly collect, any personally identifiable information from children under the age of 18. If you are under age 18, you do not have permission to use this Website or our Services.

  1. Your California Privacy Rights
  • We collect various types of personal information about you during the course of your relationship with us. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use such information for its direct marketing purposes.
  • If you would like to exercise your rights under California law, please send your written request to the e-mail address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third Party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third parties for their direct marketing purposes.

    E-mail Address:
    info@dearmax.com with the words “ DEARMAX– CALIFORNIA OPT-OUT” in the subject line