To help us achieve our goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. The following describes the types of information we receive and use of the information received.

Information Collected Automatically

Generally, you may browse the Website without providing any personally identifiable information. However, BEAM automatically collects information about your device and how your device interacts with our Website and Service. We may use third party service providers to collect this information.

The categories of information we automatically collect includes: Information gathered through cookies and other tracking technology, device and browser information, information gathered through web server logs, the date and time you visit, the city and state you are located in, log data, IP addresses and general location information.

BEAM collects data through the use of cookies, web logs, web beacons and other tracking technologies. A “cookie” is a small piece of data stored on the user’s computer by the user’s browser when the user is browsing.  We use cookies for a variety of commercial purposes, including, among other features, running essential features for use of the Website, performance optimization of the Website, to offer customized Service to the user, improve promotional marketing.

BEAM may share non-personal information with third parties in accordance with this Privacy Policy. The types of third parties to whom we may disclose information include: Website optimization and security service providers as well as marketing service providers.

Information Provided by User

We collect information you provide directly via the Website and Service, including, but not limited to, when you register an account or contact TEAM BEAM. We may use third party service providers to collect this information. The following is a list of the categories of information we collect:

Contact and account data (such as name, e-mail, address, phone number, BEAM username/password and other similar data) and demographic data (age and country).

We collect and use information about you for various business purposes, to: send you our email newsletter and other offerings that may arise from time to time, manage and perform the Service, protect the safety and security of the Website, analyze trends, verify your eligibility, and any other commercial purposes disclosed to you at your direction or with your consent.

We send our BEAM email newsletter and promotional emails to those who have specifically requested receiving same. If you have decided that you no longer wish to receive email from BEAM, you can click on the unsubscribe link at the bottom of any email and follow the prompts. Please allow us 3 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

BEAM may share your data with third parties, and the types of entities to whom we disclose information include the following: shipping and fulfillment service providers, and other organizations for credit fraud protection and risk reduction.

Information from Interactions Via Social Media

BEAM may obtain information about you via Social Networks when you reference our Service. Examples of information we may receive includes your name, username, and the contents of any applicable post. BEAM may use this information to respond directly via the social networking site, to respond to your comments, inquiries, and requests. BEAM generally does not collect or use information from interactions from social media for any other purposes. Nor do we share this information beyond the social media platform on which you interact with us.

Information Sharing with Other Third Parties

Along with the sharing detailed above, we may disclose your information as we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We also may share your information in order to investigate, prevent or act regarding illegal activities, including suspected fraud, or as otherwise required by law.

We may use and disclose aggregated non-personal information or de-identified information about you with other parties for any purpose except as prohibited by applicable law.

Protecting minor’s privacy is important to us. We do not collect or maintain information from those we actually know are under 18, and no part of our Website is targeted to attract anyone under 18. We also do not send email correspondence to anyone who tells us that they are under the age of 18 without their parent’s consent.

People under the age of 18 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web. If you are a parent or guardian and believe BEAM has collected information in violation of the Children’s Online Privacy Protection Act (“COPPA”), please contact us at the contacts listed below, and we will remove such data to the extent required by COPPA.

We utilize reasonable physical, technical, and organizational security safeguards to help protect your information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

While we strive to safeguard your personal information, transmission via the Internet is not completely secure and we cannot guarantee the security of your information.

The following elements of this Website are the property of BEAM or our suppliers and are protected by United States and international copyright laws:

• All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the site.
• All BEAM product.
• All software.

The trademarks or trade dress of BEAM may not be used without our written permission. Trademarks or trade dress include the BEAM name and logo, and other graphics, logos, page headers, button icons, scripts, and names of BEAM products, services, and programs.

You verify that any contact information provided to BEAM, including, but not limited to, your e-mail address and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to BEAM. Where permitted by applicable law, you acknowledge that by voluntarily providing your telephone numbers to BEAM, you expressly agree to be contacted at the telephone numbers you provide. Where permitted by applicable law, you consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of BEAM relating to this agreement, any transaction with BEAM, matters related to your account, and promotions from BEAM. These communications may be made by or on behalf of BEAM, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that BEAM will not be responsible for these charges.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ITS CONTENT, OR THE INFORMATION AVAILABLE ON OR THROUGH IT; THEY ARE PROVIDED “AS IS,” WITH ALL FAULTS. ALL INFORMATION, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING DIAMOND AND OTHER STONE WEIGHTS ARE APPROXIMATE AND ARE SUBJECT TO CHANGE WITHOUT ANY NOTICE. YOU AGREE THAT BEAM SHALL NOT BOUND TO ANY SPECIFICATIONS OR OTHER INFORMATION CONCERNING BEAM PRODUCT AND THAT ANY CLAIMS OR STATEMENTS ON THE WEB SITE CANNOT AND WILL NOT BE USED AGAINST BEAM.

EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, WE AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS OF BEAM, WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR ANY OTHER WEBSITE LINKED TO IT. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.

By visiting this Website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Privacy Policy and BEAM’s Terms of Service located at the following URL: https://www.BEAMdiamondcompany.com/terms-and-conditions and any dispute of any sort that might arise between you and us or any of our affiliates.

Any dispute relating in any way to your visit to our Website, Service or to products purchased here shall be submitted to confidential arbitration in Los Angeles, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Website, Service or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

The California Consumer Privacy Act (“CCPA”) sets forth certain obligations for businesses that “sell” personal information. We do not sell your personal information in exchange for monetary compensation. We do share certain information and allow third parties to collect certain information about your activity, for example through cookies, as described above, in an effort to serve you content and advertisements that may be of interest to you. If you are a California resident, you have the following rights under the CCPA:

Right to Request Disclosure

California consumers have the right to request that BEAM disclose what personal information about them BEAM collects, uses, discloses and sells. Consumer requests to know may be submitted to BEAM by calling toll-free 1-800-860-2523 or emailing the request to [email protected]. BEAM will verify receipt of a request to know within 10 days of receipt of the request and may provide additional information about how BEAM will process the request. In order to verify, BEAM may require a consumer to provide his or her name and the address, phone number and/or email address associated with the consumer. BEAM will respond to a request to know within 45 days of receipt of the request unless additional time is necessary to process the request. In no event will BEAM take longer than 90 days to respond to a request to know.

Right to Request Deletion of Personal Information

California consumers have the right to request that BEAM delete the personal information that BEAM has collected or maintained about them. BEAM will verify receipt of a request to delete within 10 days of receipt of the request and may provide additional information about how BEAM will process the request. BEAM is not required to comply with a consumer’s request to delete if the information is necessary for BEAM to comply with a legal obligation or certain other exemptions. For example, we need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Service.

Consumers may request the deletion of personal information by submitting a verifiable request to delete by calling toll-free 1-800-860-2523 or emailing the request to [email protected]. In order to verify a consumer’s request to delete, BEAM may require you to provide BEAM with your name, address, phone number and/or email address. BEAM will respond to a request to delete within 45 days of receipt of the request unless additional time is necessary to process the request. In no event will BEAM take longer than 90 days to respond to a request to delete.

Authorized Agents

California consumers may designate an authorized agent to make a request to know or request to delete on the consumer’s behalf. Consumers may designate an authorized agent to make such requests by providing an authorized agent with written permission to do so. The authorized agent may be required to independently verify his or her own identity to BEAM when making a request.

Non-Discrimination

Consumers are entitled to the free exercise of their rights concerning the collection, use, disclosure and/or sale of their personal information. This includes a right to exercise these rights free of discriminatory treatment. BEAM will not discriminate against a consumer in any manner for the exercise of the rights conferred by the CCPA.

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at [email protected].

BEAM does not sell your personal information.

This section of the Privacy Policy applies only if you use our online Channels from a country that is a Member State of the European Union or European Economic Area (collectively, “EU”), and it supplements the information in the remainder of our Privacy Policy, above.

We comply with the European Union General Data Protection Regulation (“GDPR”) and other relevant data protection laws. For GDPR purposes, BEAM is a data “controller” for processing of information defined as personal data under applicable data protection law (“Personal Data”). We do not knowingly sell products through our Channels to those younger than the age of 18.

Legal Basis for Data Processing

We process personal data for the purposes set out above in our Privacy Policy. Our legal basis to process personal data includes processing that is:

• Necessary for the performance of a contract between us (for example, to provide you with products and services you request and to identify and authenticate you so you may use the Website and/or Service);
• Necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures);
• Necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Website and/or our Service); and
• Based on consent by our consumers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time by contacting us (using the contact instructions below) without affecting the lawfulness of processing based on consent before its withdrawal.

EU Data Subject Rights

The GDPR provides certain rights for EU data subjects. You can access information about you and update or correct it. In some cases, you can also ask us to erase it, restrict or stop processing, or provide data in a “portable” form, if feasible. You may withdraw consent (“opt-out”) if you have previously consented to any particular use of your information, such as receiving emails or text messages. For all such requests, contact [email protected]. You may also decline to share certain personal information with us, in which case we may not be able to provide some of the features and functionality of the Website and/or Service.

We will make commercially reasonable efforts to provide you reasonable access to your personal data within 30 days of your access request. We provide this access so that you may review, make corrections, or request deletion of your personal data. If we cannot honor your request within 30 days, we will inform you when we will be able to provide such access. If for some reason access is denied, we will provide an explanation as to why access is denied. When technically feasible, at your request, we will provide your personal data to you or transmit it directly to another controller.