PHOOZY - Privacy & Terms

PHOOZY Privacy Policy

Last Updated: May 1, 2026
Effective Date: May 1, 2026

Your privacy matters to PHOOZY (operated by eXclaim IP, LLC, “PHOOZY,” “we,” “us,” or “our”). This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit phoozy.com, purchase our products, sign up for marketing communications, or interact with us through email or SMS.

Please read this policy carefully. By using our website or services, you agree to the practices described below. If you do not agree, please discontinue use of our website.

1. Information We Collect

1a. Information You Provide Directly

We collect information you give us when you:

Place an order (name, email, shipping address, phone number, payment details)
Create an account or register on our site
Sign up for email marketing
Opt in to SMS/text message marketing
Contact our support team
Participate in a contest, sweepstakes, or survey
Submit a product review or user-generated content

1b. Information Collected Automatically

When you visit our website, we and our third-party partners automatically collect certain technical and behavioral data, including:

IP address and approximate location (country, state, city)
Browser type, operating system, and device identifiers
Pages visited, time on site, and clickstream data
Referring URLs and search terms
Shopping cart contents and abandoned cart activity
Interactions with our ads on third-party platforms

This data is collected using cookies, pixels, tags, and similar tracking technologies (see Section 5 for details).

1c. Information from Third Parties

We may receive information about you from third-party sources including:

Advertising platforms (such as Meta and Google) that share anonymized audience and engagement data with us
Analytics providers that help us understand site performance
Payment processors that confirm transaction details (we do not store full payment card numbers on our servers)

2. How We Use Your Information

We use your personal information for the following purposes:

2a. Order Fulfillment and Customer Service

Process and fulfill your orders
Send transactional emails (order confirmations, shipping updates, receipts)
Respond to customer service inquiries and returns

2b. Email Marketing

If you opt in to our email list, we use your email address to send:

Promotional offers, discounts, and new product announcements
Seasonal campaigns and content relevant to your interests
Abandoned cart reminders

We use Klaviyo as our email service provider. Your email address and related behavioral data (such as open rates and click activity) are processed by Klaviyo on our behalf. You can unsubscribe from marketing emails at any time using the unsubscribe link in any email we send. Unsubscribe requests are processed promptly. Note: Opting out of marketing emails does not affect transactional emails related to your orders.

2c. SMS / Text Message Marketing

By opting in to text message marketing, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders, flash sales, product launches) from PHOOZY at the mobile number provided.

Reply HELP for help. Reply STOP to cancel at any time.
Message frequency varies. Message and data rates may apply.
We use Attentive as our SMS service provider. Your mobile number and consent data are processed by Attentive on our behalf.
Text messaging originator opt-in data and consent will not be shared with any third parties for their own marketing purposes.

SMS consent is separate from email consent. Opting out of one does not affect the other.

2d. Advertising and Retargeting

We use tracking technologies to run targeted advertising campaigns across platforms including Meta (Facebook/Instagram), Google, and other advertising networks. This may include:

Showing ads to visitors who previously viewed our website or products (retargeting)
Building lookalike audiences based on our customer data
Measuring the performance of our ad campaigns

You may opt out of interest-based advertising through platform-level settings (e.g., Meta Ad Preferences, Google Ad Settings) or through the Digital Advertising Alliance opt-out at optout.aboutads.info.

2e. Site Improvement and Analytics

Analyze traffic patterns and user behavior to improve our website experience
Test new features and optimize our storefront
Compile aggregate, non-identifying statistics about site usage

2f. Legal and Safety Purposes

Comply with applicable laws and regulations
Detect, prevent, or investigate fraud or security incidents
Enforce our Terms and Conditions
Protect the rights, property, or safety of PHOOZY, our customers, or others

3. How We Share Your Information

We do not sell your personal information to third parties. We may share your information in the following circumstances:

3a. Service Providers

We share data with vetted third-party vendors who help us operate our business. These include:

E-commerce platform (Shopify) - storefront and order management
Email marketing (Klaviyo) - campaign delivery and automation
SMS marketing (Attentive) - text message delivery and compliance
Payment processors - secure transaction handling
Shipping and fulfillment providers - order delivery
Analytics and advertising technology providers - site performance and paid media

All service providers are contractually required to use your data only to provide services on our behalf and to maintain appropriate security standards.

3b. Advertising Platforms

We share limited data (such as hashed email addresses or pixel-collected behavioral data) with advertising platforms to serve you relevant ads and measure campaign performance. This data sharing may be considered “sharing” for cross-context behavioral advertising under California law. See Section 7 for your opt-out rights.

3c. Legal Requirements

We may disclose your information if required by law, subpoena, court order, or government authority, or when we believe in good faith that disclosure is necessary to protect our rights or the safety of others.

3d. Business Transfers

If PHOOZY is acquired, merged, or undergoes a change of control, your personal information may be transferred to the successor entity. We will notify you via email or a prominent site notice before your data becomes subject to a different privacy policy.

3e. SMS Opt-In Data

SMS opt-in data and consent - including your mobile number and consent records - will not be shared with any third parties for their own marketing or commercial purposes.

4. Cookies and Tracking Technologies

We use cookies, pixels, tags, and similar technologies on our website. These tools help us operate the site, understand how visitors use it, and deliver personalized advertising.

4a. Types of Cookies We Use

Strictly Necessary: Required for the site to function (e.g., shopping cart, session management). These cannot be disabled.
Functional: Remember your preferences (e.g., language, region) to improve your experience.
Analytics: Help us understand traffic and user behavior (e.g., Google Analytics, similar tools).
Advertising / Marketing: Used to deliver targeted ads and measure campaign effectiveness. Set by us and third-party advertising partners.

4b. Advertising Pixels

We use advertising pixels and tags from multiple platforms - including but not limited to Meta, Google, and other demand-side and attribution platforms - to track conversions, build audiences, and optimize our paid media spend. These pixels may collect your IP address, browser information, and behavioral data when you visit our site.

4c. Abandoned Cart Tracking

We use cookies to track items you add to your shopping cart, including when you leave without completing a purchase. This information may be used to send you a reminder via email or SMS (if you have opted in to those communications).

4d. Managing Cookies

You can control cookies through your browser settings. Most browsers allow you to refuse or delete cookies. Note that disabling certain cookies may affect site functionality. You can also opt out of interest-based advertising through the Digital Advertising Alliance (optout.aboutads.info) or Network Advertising Initiative (optout.networkadvertising.org).

5. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required by law. General guidelines:

Order and transaction data: Retained for up to 7 years for tax and accounting purposes
Email marketing data: Retained while you remain subscribed; deleted or anonymized within 90 days of unsubscribe request
SMS marketing data: Retained while you remain opted in; deleted or anonymized within 90 days of opt-out
Analytics and behavioral data: Typically retained for up to 26 months
Account data: Retained while your account is active; you may request deletion at any time

6. How We Protect Your Information

We implement industry-standard security measures to protect your personal data, including:

SSL/TLS encryption for all data transmitted through our website
Encrypted payment processing - we do not store full credit card numbers on our servers
Access controls limiting who within our organization can access personal data
Regular review of our data collection and storage practices

No method of data transmission or storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

7. Your Privacy Rights

7a. All Users

Regardless of where you live, you have the right to:

Opt out of email marketing at any time via the unsubscribe link in any marketing email
Opt out of SMS marketing at any time by replying STOP
Opt out of interest-based advertising through platform settings or industry opt-out tools
Request a copy of the personal data we hold about you
Request correction of inaccurate data

To submit a data request, visit: phoozy.com/pages/request-personal-data

7b. California Residents (CCPA / CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you, the sources of that information, the purposes for which it is used, and the categories of third parties with whom we share it.
Right to Delete: Request deletion of your personal information, subject to certain exceptions.
Right to Correct: Request correction of inaccurate personal information.
Right to Opt Out of Sale or Sharing: We do not sell personal information. However, our use of advertising pixels may constitute “sharing” under California law. You may opt out of this sharing at: phoozy.com/pages/ccpa-opt-out
Right to Limit Use of Sensitive Personal Information: We do not use sensitive personal information beyond what is necessary to provide our services.
Right to Non-Discrimination: We will not discriminate against you for exercising any of the above rights.

To exercise your California rights, visit phoozy.com/pages/request-personal-data or contact us directly. We will respond to verified requests within 45 days.

7c. Colorado, Virginia, Connecticut, and Other State Residents

Residents of Colorado (CPA), Virginia (VCDPA), Connecticut (CTDPA), and other states with applicable privacy laws may have similar rights to access, correct, delete, and opt out of targeted advertising. To exercise these rights, please contact us using the information in Section 10.

7d. International Users (Including EU/UK)

PHOOZY is based in the United States and primarily serves U.S. customers. If you are located in the European Union, United Kingdom, or another jurisdiction with data protection laws, please note:

Your data may be transferred to and processed in the United States, which may not provide the same level of data protection as your home country.
We rely on your consent or our legitimate interests as the legal basis for processing your data for marketing purposes.
You may have additional rights under GDPR or UK GDPR including the right to erasure, restriction of processing, and data portability.

To exercise these rights, please contact us at the address in Section 10.

8. Third-Party Links

Our website may contain links to third-party websites. These sites have their own privacy policies, which we encourage you to review. We are not responsible for the privacy practices or content of those sites.

9. Children's Privacy

Our website and products are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us and we will promptly delete it.

10. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices, technology, or applicable law. When we make material changes, we will update the “Last Updated” date at the top of this page and, where appropriate, notify you by email or a notice on our website. We encourage you to review this policy regularly.

11. Contact Us

If you have questions about this Privacy Policy or want to exercise your privacy rights, please contact us:

PHOOZY (eXclaim IP, LLC)

Website: phoozy.com/pages/contact-us

Data Requests: phoozy.com/pages/request-personal-data

CCPA Opt-Out: phoozy.com/pages/ccpa-opt-out

TERMS & CONDITIONS

Last Updated: May 1, 2026

Please read the following Terms and Conditions carefully before using phoozy.com. By accessing or using this website, you agree to be bound by these terms. If you do not agree, please do not use this site.

Electronic Communications

By visiting our website or sending us emails, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

All content on this site - including text, graphics, logos, images, audio clips, digital downloads, and software - is the property of eXclaim IP, LLC or its content suppliers and is protected by U.S. and international copyright and trademark laws. The PHOOZY name, logo, and trade dress may not be used in connection with any product or service without express written permission.

License and Site Access

eXclaim IP, LLC grants you a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of this site. You may not: reproduce, duplicate, copy, sell, or exploit any portion of this site for commercial purposes; use data mining, robots, or similar extraction tools; frame or use framing techniques on any proprietary content without express written consent. Any unauthorized use immediately terminates this license.

Your Account

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use. Users under 18 may only use this site with parental or guardian involvement. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion.

User-Submitted Content

You may post reviews, comments, or other content provided it is not illegal, obscene, threatening, defamatory, or otherwise objectionable. By submitting content, you grant eXclaim IP, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, adapt, publish, and distribute that content in any media. You represent that you own or control all rights to the content you submit.

Risk of Loss

All purchases from PHOOZY are made pursuant to a shipment contract. Risk of loss and title pass to you upon delivery to the carrier.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLAIM IP, LLC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR OUR PRODUCTS. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

No Warranties

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

Applicable Law

These Terms and Conditions are governed by the laws of the State of North Carolina, United States, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising from your use of this site or purchase of our products shall be resolved through binding arbitration in North Carolina under the rules of the American Arbitration Association, except that PHOOZY may seek injunctive relief in any court of competent jurisdiction for intellectual property matters. Arbitration shall be on an individual basis; class arbitration is not permitted.

Modifications

We reserve the right to modify these Terms at any time. Changes are effective upon posting. Continued use of the site after changes constitutes acceptance of the updated terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.