This site is owned and operated by:
Fontem US, Inc. dba blu eCigs
10901 S. Commerce Blvd., Suite B
Charlotte, NC 28273
Customer Service Department: 1.888.207.4588
Submit a Customer Service inquiry
II. PERSONAL INFORMATION WE COLLECT
blu is committed to adhering to the Digital Advertising Alliance self-regulatory principles (“DAA Principles”) that govern best practices for Interest-based and Internet-based advertising (“IBA”). Our use of IBA is described in more detail below. Consistent with DAA Principles, if you would like to opt-out from such third party data collection for use in IBA, please visit the Digital Advertising Alliance Consumer Choice Page.
A. Information You Give Us
We collect information for a variety of business purposes, including without limitation, to provide the services you request (e.g., to mail you coupons that you request or opt-in for on our site), to collect information that is needed to add adult consumers to our marketing list at their request, to serve these adult consumers, to operate and improve our Website, to administer our business (e.g., to independently verify that a consumer is legal vaping age or older or to conduct consumer research among verified adult consumers), and to administer contests, sweepstakes, surveys, polls, loyalty programs and other promotional events. This information helps us to improve our site, products and services. For example, we use such information for problem resolution when an adult consumer on our Marketing List contacts our Consumer Relations Department with a problem on our Website.
We strive to maintain accurate information on the adult consumers on our Marketing List through consumer surveys, adult consumer-initiated contacts, and responses to our marketing programs (online and offline), as well as through address update services.
Except for age verification information (as described above) and physical location information and tracking technologies (as described below), you do not have to give us any personal information to browse this Website. However, you may be asked to provide personal information to submit or request information from us, or to use the services offered through this Website. Once you provide us with your personal information, you are no longer anonymous to us. This information may include:
Signup Information and Registration Information: When you sign up for an account on the Website, you are required to provide information such as your name, date of birth, email address, phone number, gender, and physical address. We may also collect information from your driver’s license to verify your age. In addition, you may be asked to provide optional information, including your previously purchased devices, your purchase channel (online / retail), your satisfaction rate with our products and services, and your communication channel preferences to enhance the Website experience. When you register a blu product on the Website, you are required to provide information such as your name, date of birth, email address, phone number, gender, physical address details about the blu product purchased, including your point of sale. You can update certain personal information associated with your account (such as your gender, date of birth, phone number and account password) by logging into your account and going to “Personal Data” If you request newsletters, certain coupons, sweepstakes prizes, or other materials be sent to you, you may be asked to confirm or update your email or mailing address.
RMA Form. If you complete a “RMA” request form, we require you to first create an account on the blu Website; thereafter, we will ask you to provide your current email address and additional contact information.
Purchases. We may collect your first name, last name, address, date of birth, social security number, credit card information and/or a copy of your identification (passport or national identification card) if you place an order with us. The information is collected, validated by third-parties (currently Veratad and Experian), and stored using industry standard encryption. Credit card information is used only to fulfill your order, and then stored with a third party provider (currently Salesforce Commerce Cloud) for future purchases. We also collect and use your shipping address to deliver orders to age verified adults that purchased blu product via blu.com.
Affiliate and Webmaster Sign Up. We collect prospective affiliate and webmaster contact information to process applications and conduct business. This information includes: name, checks payable, address, city, state/province, country, minimum payout, password, source of referral, tax ID (EIN or social security number for U.S. residents), and date of birth.
SMS. Only when you opt-in to our SMS service, we may send you an SMS message to confirm your signup, provide you information about and promotional communications, and provide relevant updates regarding your bluNation® account.
Additional Information: Additional information that you provide to us, including through feedback, pictures you upload, messages, emails, posts to public discussion boards, photos you upload, and event registrations. This will make it easy for you to do things like share items/materials, post messages, and respond to offers and other information on the site.
B. Location Information
In order to access and use certain areas or features of the Website, you consent to our collection and use of your physical location information if you use the Website on a location-enabled device (including GPS, cellular, and Wi-Fi networks) or from your browser.
C. Automated Information Collection
In order to access and use certain areas or features of the Website, you consent to our collection and use of certain information about your use of the Website through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Website, search engines used, the internet protocol (IP) address used, the length of time spent on the Website, the pages you looked at on the Website, other webpages you visited before and after visiting the Website, the type of internet browser you have, the frequency of your visits to the Website, and other relevant statistics, including the following:
Log Information. When you access the Website, you also consent to our servers automatically recording information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser. Our servers also automatically record what you click on while visiting the Website.
Location Information. The Website may include links in a format that enables us to keep track of the IP addresses from which these links have been followed. You further consent to our collection and use this information to improve the quality of our Website, product(s) and blu business operations
URLs. When you visit or access the Website, you consent to our receipt of the URL of the site from which you came and links you click on to leave the site.
Web Beacons. Our Website contains electronic images known as web beacons (also called single-pixel gifs and transparent graphic images) that we use to help deliver cookies on our sites, count users who have visited those sites, deliver services, and analyze the effectiveness of our promotional campaigns, for example. We also include web beacons in our marketing email messages or newsletters to determine whether an email is opened or if links are clicked. You consent to our use of web beacons to facilitate Website administration and navigation, to track the actions of users of the Website, to compile aggregate statistics about Website usage and response rates, and to provide an enhanced online experience for visitors to the Website.
Aggregate Information. We may compile certain personal information, and other information collected through the Website on an aggregate basis. This information may include, without limitation, the number of people who have visited the Website and other user demographics. Such aggregate information does not identify you individually.
III. HOW WE USE PERSONAL INFORMATION
blu complies with its obligations under applicable privacy laws by: keeping personal data up to date where needed based on the purposes for which the personal data is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place that are designed to protect personal data from loss, alteration, misuse, unauthorized access and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy personal data when it is no longer needed by blu.
Personal information collected through the Website may be used by us and our affiliates for purposes of:
- - Responding to your questions and feedback;
- - Providing the services you select through this Website, including to process applications and conduct business;
- - Tailoring advertisements to you;
- - Contacting you, whether by email, postal mail, or telephone with information about this Website, our products, or our services, including exclusive special offers and information about sales, promotions, new releases, and other relevant information;
- - For such purposes as you may authorize at the time you submit the information;
- - Auditing, research, and analysis to maintain, protect, and improve this Website and our services;
- - Ensuring the technical functions of our network;
- - Improving and customizing the content and layout of the Website;
- - Developing new products and services; or
- - Compiling personal information and other information collected through the Website on an aggregate basis.
IV. PERSONAL INFORMATION WE SHARE
We do not sell, rent, trade, or otherwise share personal information collected through the Website, except as described below:
- In Connection with our Offerings. The Website involves the sharing of certain personal information collected through the Website with (i) other users of the Website, and (ii) as you otherwise provide your consent. Information which you upload, post, e-mail, submit or otherwise transmit in connection with the Website to a public message board, chat area or other public area of the Website will be made public to users of the Website, including certain metadata related to such activities (such as timestamps). You are solely responsible for any such information you choose to post on or through the Website. All information that is posted to a message board, chat area, or other public area of the Website may be shared by us with (i) other users of the Website, and (ii) as you otherwise provide your consent. Please be aware that anything you share publically may be further shared by other users of the Website (for example, by emailing a screenshot of your post to non-users. We are not responsible for any such sharing of information you have shared publically on the Website.
- Subsidiaries and Affiliates. We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
- Service Providers. We work with third parties that provide services on our behalf. Such services may include website hosting, product reviews, contests, promotions, marketing, and website usage analytics. We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services.
- Consent. We may share personal information in accordance with any consent you provide.
- Required by Law. The products sold on this Website are highly regulated by various governing agencies. It may become necessary to share the information that we collect with such agencies to comply with laws, a judicial proceeding, court order, or other legal requests. We may disclose personal information or any information collected through this Website if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
- Certain Transactions. We may disclose or transfer personal information or any information collected through this Website to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
- Internet Based Advertising. We participate in IBA. This means that you may see advertising on the Website tailored to how you engage or browse, or you may see advertising for us on other websites, applications and social media based on your behavior across websites, applications and social media. We may target ads based on data we have collected, or data provided by third parties alone or in combination with the data we collect ourselves. If you choose to interact with specific third parties who advertise through the Website, the information you provide to them is subject to the conditions of their specific privacy policies.
V. AGGREGATE INFORMATION
VI. YOUR CHOICES
A. Information You Provide
You can always choose whether or not to provide information on the Website. However, if you choose not to disclose certain information, you may not be able to register as a user of the Website, which may limit your access to certain portions of the Website and your ability to obtain personalized promotions and messages.
B. Privacy Settings
By default, certain types of information you choose to submit will be made public to users of the Website. This includes your account username, profile picture, and any comments or posts you make to public posts or discussion boards. You can control whether other profile and activity information as described in Section II will be shared publicly with all users of the Website, or limited to users that you have friended.
C. Communications From Us
If at any time you decide that you no longer wish to receive notices from us regarding the Website, you may indicate this preference by placing a Customer Service Inquiry.
You can cancel the SMS service at any time. Just reply “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. (Note: This list may change without warning and without notice to you). Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provide.
D. Do Not Track
E. Your Rights and Your Personal Data
Unless subject to an exemption under the GDPR, if your personal data is subject to the GDPR, you have the following rights with respect to your personal data:
- The right to request a copy of your personal data which the blu holds about you;
- The right to request that the blu correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data be erased where it is no longer necessary for blu to retain such data;
- The right to withdraw your consent to the processing at any time of personal data to which you provided consent for processing;
- The right to request that blu provide you with a copy of your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further processing;
- The right to object to the processing of personal data (where applicable); and
- The right to lodge a complaint with a data supervisory authority.
F. Transfer of Data Abroad
If your personal data is subject to the GDPR, blu will transfer personal data from the European Economic Area (EEA) to a location outside the EEA only when there has been a documented adequacy determination, or where blu has confirmed adequate privacy protections. If blu transfers personal data to a third party acting as an agent of blu, we will also obligate the third party to have adequate privacy protections in place.
blu may transfer personal data to and on behalf of clients and third party’s with whom blu has an existing service agreement or as part of our legal obligations, each of which shall be subject to blu policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).
G. Automated Decision Making
Under the GDPR, data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
We may use your personal data to engage in limited automated decision making to provide you with personalized offers and promotions, and you consent to our automated decision making for such limited purposes.
H. Further processing
VII. INFORMATION STORAGE AND SECURITY
We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Website. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link: Verisign.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of online transmission or electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Website. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.
VIII. A SPECIAL NOTE ABOUT CHILDREN AND CALIFORNIA RESIDENTS
Children are not eligible to use the Website, and we ask that minors (children under the age of 16) not submit any personal information to us.
IX. EXTERNAL LINKS
X. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
If your personal data is subject to the GDPR, the data controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Fontem US, Inc. d/b/a blu eCigs
10901 S. Commerce Blvd., Suite B
Charlotte, NC 28273
Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection. We encourage interested persons to raise any concerns about the collection, use, or processing of personal data using the contact information provided above. In the event of a privacy related issue or complaint, we will investigate and attempt to promptly resolve any complaints and disputes regarding use and disclosure of personal data.
For complaints that cannot be resolved, if your personal data is subject to the GDPR, we commit to cooperating with the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner (FDPIC), as applicable, and comply with the advice given by the DPAs or FDPIC about personal data transferred from the EU or Switzerland.
In order to facilitate the handling of complaints, individuals in the EU can choose to contact their national DPA or use the form located at this link:
Individuals in Switzerland can contact the Swiss FDPIC by visiting:
This independent dispute resolution process is provided at no cost to the individual.