Effective Date: Oct 1, 2019
SECTION 1 – INFORMATION WE COLLECT
The types of information we may collect (directly from you or third party source) and our privacy practices are dependent on your interaction with the Website and requirements of applicable law. Through your use of the Website, Company may collect the following information:
- User Provided Information – Company may collect certain personal information in order for you to use the Website, including, without limitation, (i) full name; (ii) mailing address; (iii) phone number; and/or (iv) email address. Additionally, when you send a communication via the Website (i.e. customer service inquiries), Company may also collect that communication and any information you choose to provide therewith, and you agree Company is free to use the content of any communications submitted by you for any purpose. You may choose to provide additional information when fill in a form, conduct a search, respond to survey, post product reviews, participate in promotions, or use other features made available via the Website.
- Payment / Order Information – When you purchase a product from our Website, as part of the buying and selling process, Company may collect the personal information you give us such as your name, billing and shipping, address, phone number, and email address. To facilitate processing of payments on our Website, we may require you to also provide certain financial information (i.e. credit card number).
- Log File Information – When you browse the Website, Company may automatically collect information regarding your IP (internet protocol) address and other information about the Internet browser, operating system, mobile carrier, and/or other device information or identifiers automatically assigned to your computer or device used by you to access the Website in order to provide us with information that helps us learn about your browser and operating system, such as the pages or content you view, your searches, and other actions taken through your use of the Website.
- Location Information – When you use the Website, Company may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience for things such as personalized content, language preferences, advertising, or search results. You may disable collection of your location information within your device, and if you have any questions, we recommend you contact your device carrier.
- Cookies /other Technologies Information – Company may place cookies, pixel tags, local storage, and other technologies (“Technologies”) on your device used to access the Website. We may use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with the Website and to recognize you across devices. If you would like to opt-out of the Technologies we employ with our Website, you may do so by blocking, deleting, or disabling them as your browser or device permits.
- Cookies:Cookies are small text files placed in your device to store user preferences. Cookies do not tell us your personal identification information unless you choose to provide such information by using the Website. Cookies assign a specific numerical identifier to your device, thus enabling us to recognize you as the same user who has used the Website, and connect your use of the Website to other information about you. Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
- Session ID, unique token, sessional – Allows Shopify to identify and store information about your session / visit to the Website (referrer, landing page, etc.).
- Shopify visit, no data held – Persistent for 30 minutes from the last visit, Used by our Website provider’s internal stats tracker to record the number of visits.
- Shopify uniq, no data held, expires midnight (relative to the visitor) of the next day – Counts the number of visits to a store by a single customer.
- Cart, unique token, persistent for 2 weeks – Stores information about the contents of your cart.
- Secure Session ID, unique token, sessional.
- Storefront Digest, unique token, indefinite – If the Website / shop has a password, this is used to determine if the current visitor has access.
- PREF, persistent for a very short period – Set by Google and tracks who visits the Website and from where
- Google Analytics: Company uses Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on the Website, including, without limitation, what pages are being looked at. This analytics data is not tied to any personal information you may provide via your use of the Website. For more information about Google Analytics, please visit www.google.com/policies/ privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Website by going to tools.google.com/dlpage/gaoptout.
- Third Party Service / Social Media Information – If choose to log in, access, link, or otherwise connect to the Website through a thirty party service (i.e. social networking service such as Facebook, Twitter, Instagram, etc.), we may collect your user ID and/or username associated with that third party service, as well as any information you make public using that third party service or which the third party service allows us to access. We may also collect information you have authorized the third party service to share with us on your behalf (such as your user ID, gender, public profile information, email address, birthday, friends list, etc.). This information varies and is controlled by that service or as authorized by you via your privacy settings at such third-party service. You may opt-out of this information collection at any time by disabling the appropriate settings relating to such third party service, and any questions relating thereto or how such third party service processes and provides your personal data should be directed to such third party service.
SECTION 2 – WHAT WE DO WITH YOUR INFORMATION?
Company uses the information received from you in connection with the Website in order to operate protect, improve, and develop the Website, create and maintain a secure environment, provided a personalized experience, and comply with our various legal obligations. Such uses include:
- Providing customer service / responding to customer inquiries;
- Alerting customers to new services and/or products;
- Offering you a personalized experience by, among other things, ranking search results or showing customized ads based on your searches and preferences;
- Enabling you access and use our payment services to place orders;
- Providing access to certain functionalities and features of the Website;
- Fraud prevention / verifying or authenticating information;
- Administering programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Company or its third-party business partners; and
- Monitoring and tracking total number of users of the Website for statistical purposes.
We may also use personal information provide by you for reasons for which we have a legitimate interest at the time you provide personal information or with your consent.
Should you wish not to receive emails, offerings, or other promotional materials provided via the Website, please follow the instructions contained in any email from Company to unsubscribe. Unsubscribing from such emails will not affect your ability to receive emails or other communications relating to your specific customer service inquiries or requests.
SECTION 3 – DISCLOSURE / SECURITY OF YOUR INFORMATION
Company may also make anonymous and/or aggregate personal information for commercial, marketing, and/or business purposes, such as reporting and conducting research and development in order to enhance the Website and/or develop new products and services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.
Company may also share information received from you with its accountants, attorneys, and other professional advisors who owe a duty of confidentiality to Company. In the event Company is required to disclose information pursuant to a court order, subpoena, or law enforcement agency request, we will disclose the requested information to the extent permissible by applicable law. To the extent permissible under applicable law, disclosure of personal identification information may also be made when necessary to establish, exercise, defend legal claims, or protect the rights and property of Company, our agents, customers and others, including, without limitation, the enforcement of agreements, policies, terms and conditions of use, or the personal safety of any person.
In the event that ownership of all or a part of Company or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Company’s assets, your information pertinent to that business' operations may be assigned or transferred to, or licensed for use by, the new owner, without any prior notice to or consent from you.
If you choose to share information with social media services about your activities on the Website by, for example, connecting your social media account (i.e. Facebook account) to the Website, then we may share your personal information and information about your use of the Website with such social media websites. Use of social media service websites is governed by the privacy practices and policies of those websites, including, without limitation, your ability to opt out of certain settings. Please make sure to read the terms and privacy statements of such social media websites prior to connecting to the Website via your social media account.
By using the Website, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending you an email at the email provided to us.
SECTION 4 – THIRD PARTY WEBSITES / LINKS
SECTION 5 – SHOPIFY / PAYMENT PROCESSING
The Website is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Website and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 6 – RETAINING YOUR PERSONAL INFORMATION
SECTION 7 – CONSENT / OPT-OUT
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
You have the right to opt out of certain uses and disclosures of your personal information. Where you have consented to Company’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting us firstname.lastname@example.org
Even if you opt-out, we may still collect and use non-personal Information regarding your use of the Website and/ or information from the advertisements on Third Party Websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.
We may periodically send you free newsletters and e-mails that directly promote our products and services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive.
We maintain “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail lists within 60 days after receipt, or such shorter time as may be required by law.
We may occasionally send you push notifications through your device with updates and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device.
SECTION 7 – MODIFYING, ACCESSING, CORRECTING, OR DESTROYING PERSONAL INFORMATION
You have a right to request and access your personal information, and can modify personal information provided via use of the Website through your personal settings or by contacting us at email@example.com. If you want us to delete your personal information, please contact us at firstname.lastname@example.org with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Company shall use best efforts to provide you with access to your personal information and delete personal information upon your request. However, there may be circumstances in which we are unable to provide access or deletion, including but not limited to: (i) where the information contains legal privilege, (ii) would compromise others’ privacy or legitimate rights, (iii) where the burden or expense would be disproportionate to the risks to your privacy in the case in question, or (iv) where it is commercially proprietary. If we determine that access or deletion should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
SECTION 8 – INTERNATIONAL TRANSFER OF INFORMATION
SECTION 9 - AGE OF CONSENT
Our Website is not intended for use by or directed to children, and we do not knowingly collect personal information from children under 13 if located in the United States, or under the age of 16 if located outside of the United States. If we learn that we have collected personal information from or of a child under the age of 13 (or 16 if located outside the United States), we will take steps to delete such information from our files as soon as possible. You must also be old enough to consent to the processing of your personal data in your country (i.e. in some countries, a user under the age of 16 may only provide or consent to the processing of their personal information if such consent is provided by a person holding “parental responsibility” (i.e. a parent or legal guardian)). If you believe we have collected personal information of a minor or without appropriate consent, please contact us as email@example.com.
SECTION 10 – CALIFORNIA PRIVACY RIGHTS
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Such requests may be made to firstname.lastname@example.org.
SECTION 11 – EUROPEAN UNION PRIVACY RIGHTS
Managing Your Information
You may access and update some of your information, including personal information, through the Website or by contacting us at email@example.com. If you have chosen to link to the Website via a third party service, such as Facebook, you may change your settings and remove permission for the Website by changing your account settings on such third party service. You are responsible for keeping your personal information up-to-date.
Modifying Inaccurate Or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information concerning you and which you cannot update yourself on the Website.
Access to Information
You may request copies of your personal information held by us pursuant to applicable law and/or request us to transmit this information to another service provider (where technically feasible).
Retaining / Deleting Your Information
We generally retain your personal information for as long as is necessary and/or to comply with our legal obligations. If you no longer want us to use or store your information as it relates to the Website, you can request that we delete your personal information that we maintain in our possession. Please note that if you request the deletion of your personal information:
- Information you have shared via the Website (i.e., product reviews, communications, public postings, etc.) may continue to be publicly visible on the Website. Additionally, copies of your information may remain in our database, but will not provide any personal identifiable information; and
- Residual copies of your personal information may not be removed from our backup systems for a limited period of time in order to maintain the Website and/or pursuant to applicable law.
Consent / Opt-Out
Where you have provided your consent to the processing of your personal information, you may withdraw your consent at any time by changing your settings, or by contacting us at firstname.lastname@example.org to withdraw such consent. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use or store your personal information, in particular, where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the deletion of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise, or defense of legal claims; or (iv) you have objected to the processing as stated below and pending verification whether the legitimate grounds of Company override your own.
Objection To Processing
In some jurisdictions, applicable law may entitle you to prevent Company from processing your personal information for certain specific purposes where such processing is based on legitimate interest. If you object to such processing, Company will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise, or defense of legal claim(s).
Where your personal information is processed for direct marketing purposes, you may, at any time, ask Company to cease processing your data for these direct marketing purposes by updating your settings or e-mailing us at email@example.com.
You may adjust your Cookie Settings at any time by accessing and adjusting your settings in your device used to access the Website. Please be advised that if you disable Cookies, such might adversely impact your ability to use services and/or features offered via the Website.
You have the right to file complaints about the data processing activities carried out by Company by contacting the appropriate data protection authorities in your country / jurisdiction.
SECTION 12 – GOVERNING LAW AND REGULATIONS / DISPUTE RESOLUTION
By using the Website, you agree that all disputes, claims, or causes of action arising from or related to your use of the Website will be resolved through binding arbitration in Contra Costa County, California in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Nothing in this Section shall prevent Company from seeking injunctive or other equitable relief from the courts for matters related to data security, or unauthorized access to the Website.
SECTION 13 – GENERAL PROVISIONS
SECTION 14 – QUESTIONS AND CONTACT INFORMATION