Last Updated: 02/14/2022

SmackLab Marketing and Social Media LLC, D.B.A. Wayward Kind (“Company”, “us”, “our”, and “we”) recognizes your privacy is important. This policy (the “Privacy Policy”) discloses the privacy practices for the Site and Services. This Privacy Policy also covers how personal and other information we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Site. This policy does not apply to information we collect through any other means, or to information collected on any other Company, Affiliate, or other third-party site, or by any application that may link to or be accessible from the Site.

Company reserves the right to change this Privacy Policy from time to time. Company will notify you about significant changes in the way Company treats personal information by placing a prominent notice on our site and by updating any privacy information on this page.

Your continued use of the Site or Services after such modifications will constitute your acknowledgment of the modified Policy; and your agreement to abide and be bound by that Policy.


1. Definitions

“Site” refers to waywardkind.com and the associated websites and sub-sites.

“Content” refers to the contents, features, and functionality of the Site, including but not limited to all information, software, text, communications, postings, published works, photos, displays, images, video and audio, and the design, selection and arrangement thereof, and any other material that can be viewed by users on our Site.

“Affiliates” refers to all Company owners, officers, directors, subsidiaries, affiliated companies, licensees, assigns, service providers, partners, suppliers, sponsors, advertisers, and any persons or entities involved in creating, producing, or delivering this Site, content, or Services available on this Site.

“Services” refers to any Content, functionality, products, and services offered or provided through the Site. It does not refer to products or services offered or facilitated offline.

“User” and “you” refer to anyone accessing, browsing, interacting with, or otherwise using this Site or the Services.

“Terms” refers to this Website Terms of Use document and Privacy Policy document, together with any documents referenced by this document.

2. Notices and Contact Information

Company has designated a Compliance Officer to receive all notices, questions, comments, and requests pertaining to this Privacy Policy. Such inquiries must be sent to:

Attn: Compliance Officer

Wayward Kind

8879 Highwood Drive

San Diego, CA 92119

Or if by email:


You must include your name, address, email address, the nature of the communication, and any other relevant information specified in this Privacy Policy when you contact us.

3. Children Under the Age of 13

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, please do not register on the Site, make any purchases through the Site, or send any information about yourself to us, including your name, address, telephone number, or e-mail address. In the event we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the address above.

4. Types of Information Company Collects

In order to better provide you with our Services, Company collects information from and about users of our Site and Services, including:

  • information you provide to us through use of the Site or Services;
  • information we collect as you navigate through the Site or use the Services, including usage details, IP/MAC addresses, cookies, and web beacons; and
  • information we receive from Affiliates or any other third parties.

We collect two types of information about our users: Personally Identifiable Information and Aggregate Information.

4.1 Personally Identifiable Information

Personally Identifiable Information (“PII”) refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as signing up to receive emails from us, or sending us feedback, Company may ask you to provide certain information about yourself.

Examples of PII may include your first and last name, email address, mailing address, zip code, employer, job title and department, telephone and facsimile numbers, and other identifying information. When ordering products or Services on the Site, you may be asked to provide a credit card number.

4.2 Aggregate Information

Aggregate information refers to information that does not by itself identify a specific individual, such as log data or device data. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the URL that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your IP/MAC address.

5. How Company Collects and Uses Information

Company does not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to access the Site or use certain products or Services available on the Site. These may include but are not limited to:

  1. entering a sweepstakes or contest, responding to surveys, questionnaires, or other communications sponsored by us or an Affiliate;
  2. signing up for special offers from selected third parties;
  3. sending us an email message or supplying information on any portion of the site; or
  4. submitting a form or transmitting other information by telephone or letter.

Company will primarily use your PII to provide Services to you. Company will also use certain forms of PII to:

  1. enhance the operation of our Site;
  2. improve our internal marketing and promotional efforts;
  3. statistically analyze Site use; or
  4. improve our Services, and customize our Site’s Content, layout, and Services.

Company may use PII to deliver information to you and to contact you regarding administrative notices.

We may disclose your PII to third party service providers for the purpose of enabling them to provide their services, if you have allowed us to do so, including but not limited to:

  • Information Technology (“IT”) service providers;
  • Data storage, hosting, and server providers;
  • Ad networks;
  • Analytics companies;
  • Error loggers;
  • Maintenance or problem-solving providers;
  • Marketing or advertising providers;
  • Professional advisors;
  • Payment systems operators; and/or
  • Sponsors or promoters of any competition or promotion we run.

We may also disclose your Personal Information to third parties for the purpose of establishing, exercising, or defending our legal rights, including but not limited to:

  • Debt collectors;
  • Our legal counsel and/or prospective legal counsel; and/or
  • Courts, tribunals, regulatory authorities, and law enforcement officers, as required by law.

Company or an Affiliate may also collect certain aggregate information. For example, Company may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. Affiliates may also provide us with reports on Site usage, including without limitation reports that tell us how many ads were presented and clicked upon at our Site. We may disclose aggregate information about our users without restriction.

6. Cookies

Depending on how you use our Site, Company may store cookies on your computer in order to collect certain aggregate data about your use of the Site or Services, and to customize certain aspects of your specific User experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your name. Company may use cookies to perform tasks such as monitoring aggregate site usage metrics, storing and remembering your user name, identification code, or passwords, storing account and advertising preferences that you have set, and personalizing the Site, Content, and Services we make available to you.

Company may use an outside advertising partner or other advertisers to display banner advertisements on our Site. As part of that service, the third party may place a separate cookie on your computer. Company will not provide any third-party advertising partners with any of your PII or information about your purchases; however, Company and our third party ad server may collect and use aggregate information about you.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site and Services may not function properly if you elect to disable cookies.

7. Do Not Track

“Do Not Track” is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.

8. Release of Information

Company will not sell, trade, or rent your PII to anyone. However, the Company may share your PII withAffiliates who help to provide our Services. Company and those Affiliates may need to use some PII in order to perform tasks between our respective sites, or to deliver products or Services to you.

Company will encourage our Affiliates to adopt and promote strong privacy policies; however, the use of your PII by our Affiliates is governed by the respective privacy policies of those Affiliates, and is not subject to our control. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information Company collects from you. Other sites accessible through this Site, including those of our Affiliates, have their own privacy policies and data collection, use, and disclosure practices. Please consult each site’s privacy policy. Company is not responsible for the policies or practices of Affiliates or third parties.

Occasionally, Company may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, the Company will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. Company fully cooperates with law enforcement agencies in identifying those who use our Services for illegal activities. Company reserves the right to report to law enforcement agencies any activities that Company in good faith believe to be unlawful. Company may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on Company or its parent company, subsidiaries or affiliates; or protect and defend the rights or property of Company or the users of the Site; or act under exigent circumstances to protect the safety of the public or users of the Site.

Company may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Site information to Affiliates or third party advertisers without restriction, but these statistics do not include PII.

9. California Privacy Rights

If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your PII with third parties for their own direct marketing uses. California’s “Shine the Light” Act provides that you have the right to submit a request to us at our email address in order to receive information on the categories of customer information that we shared and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information, please send an email message to our Compliance Officer with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you in your email address in response.

Please be aware that not all information sharing is covered by the Shine the Light requirements, and only information on covered sharing will be included in our response.

10. Updating and Correcting Information

We believe you should have the ability to access and edit the PII that you have provided to us. If you believe that any PII we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can review and change your PII by contacting our Compliance Officer (identified above).

We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. We may not accommodate a request to change information if we believe the change would violate any law or regulatory requirement, result in fraud, or cause the information to be incorrect. In addition, it may be impossible to completely delete your information without some residual information being retained because of data backups and records.

11. User Choices on Collection and Use of Information

Company may, from time to time, send you email regarding new products and Services we feel may interest you. In addition, if you indicated upon registration or at any other time that you are interested in receiving offers or information from us and any of our Affiliates, Company may occasionally call or send you direct mail about products and Services that may be of interest to you. Company, or agents working on behalf of Company, will send you these solicitations only if you have previously indicated that you wish to receive them. If you do not want to receive solicitations from us, you can “opt-out” by sending an email to our Compliance Officer. If we have sent you a promotional email, you may use the unsubscribe option in the footer of the email. This opt out does not apply to information provided to the Company as a result of a product or service purchase or other transactions.

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.

12. Security of Your Information

We strive to take reasonably appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of your information.

We won’t keep PII for longer than is necessary to present our Site to you or to provide our services to you.

We have implemented measures designed to secure your PII from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us through the Website is secured by TLS technology, and is stored on our secure, password protected servers behind firewalls. We have implemented a restricted employee access for all of our servers containing personally identifiable information.

Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while Company strives to protect your information, you acknowledge that there are security and privacy limitations inherent to the internet which are beyond our control, and the security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

You should also be aware that when PII is voluntarily disclosed in public areas or to other users on this Site, that information, along with any information disclosed in such communication, can be collected and used by third parties and may result in unsolicited messages, including unwanted spam messages, from third parties. Such activities are beyond our control and this Privacy Policy does not apply to such information. Please consult these Terms for our Site conduct policies.