Effective January 1, 2020
- INFORMATION COLLECTED
We collect personal and non-personal information as you communicate with us (through the Site and through other channels, such as Facebook), as you interact with the Site and purchase products at the Site. The personal information that we may collect includes the information that you provide when you register for a user account, including your name, user account password, mailing address, phone number and email address.
We use Shopify, Inc. to process payments. When you provide your payment details at the Site, your payment information is collected and processed by Shopify, Inc. Although we maintain records concerning the payments made by you at the Site (including the time, date, amount and purpose of the payment), we do not collect or store the credit card or bank account information that you provide to Shopify, Inc.
If you choose to interact with us using social media (including Facebook), then we may collect publicly available personal information (for example, your publicly available posts, photos, likes, favorites, friends or followers) or available to us as a result of your interaction with us (for example, your direct or private messages to us). You may be able to limit the information available to us by modifying the privacy settings in your social media accounts.
The non-personal information that we may collect includes your computer or device type, operating system, browser, the URL of websites previously visited by you (or by others using the same computer or device), your internet service provider, statistics about your network or mobile connection and your internet protocol address (which may reveal your location). Your non-personal information is generally not directly associated with your name or other personal information and is collected by automated means (such as by cookies, tokens, web beacons and other similar technologies).
- COOKIES, TOKENS AND WEB BEACONS
Information collected using cookies, tokens and web beacons may be associated with your personal information (in which case it will be treated as personal information), or it may be anonymized and/or aggregated with other users’ information (in which case it will be treated as non-personal information).
- USE OF INFORMATION
We use your personal information for our own internal business purposes and for providing products, services and customer support to you. We use your contact information to ship orders placed by you on the Site, and we may share that information with third party vendors and suppliers that provide order fulfillment and shipping services for orders placed at the Site. We may use your personal information to contact you regarding the Site, to communicate with you about your order status and customer service and to customize or personalize your experience at the Site. You may not opt-out from receiving emails related to orders that you place at the Site and other customer service communications.
We may also use your personal information to provide you with information about our products, services, special offers and promotions. If you consent to receiving our emails or SMS messages, then we may contact you by email and by SMS message. You may opt-out of receiving emails and SMS messages by following the opt-out or unsubscribe instructions included in our emails and SMS messages. If you have interacted with us through your social media account, we may use social media to provide you with special offers or other information regarding our products and services. You may limit our ability to interact with you via social media by modifying the settings in your social media account.
We use your non-personal information to track how our Site is used, to assist us in providing, maintaining, evaluating and improving the Site and our services and to analyze the effectiveness of our communications and promotions. Your non-personal information may be aggregated with the non-personal information collected from other users of the Site to help us monitor, analyze and optimize the Site and our services. We may engage a third party vendor to collect, transmit and store your non-personal information and to use aggregated non-personal information to manage, monitor and optimize the Site and to measure the effectiveness of our advertising, communications and interaction with the Site.
We may use your personal and non-personal information to investigate, detect, prevent and/or mitigate actual or potential fraud, prohibited or illegal activity and/or violations of the Terms or other applicable policies and agreements.
- DISCLOSURE OF INFORMATION
We will not share or disclose your personal or non-personal information with any third party except in the following circumstances:
- We may disclose your personal and non-personal information to our third party vendors and data processors (including Shopify, Inc.) in connection with fulfilling and shipping your orders, processing payments and as otherwise reasonably required to provide you with the products that you order from us. We do not authorize our third party vendors to use your personal information for any other purpose
- We may share your personal information with our affiliates and with other businesses that provide products or services that we believe may be of interest to you, and they may use your personal information to the same extent as we are permitted to use your personal information. You can request that we do not share your personal information for this purpose by emailing us at firstname.lastname@example.org. If your personal information is shared for this purpose, then the privacy policies of third parties will apply to the use and further disclosure of your personal information, and we have no control over or responsibility regarding the use or further disclosure of your personal information by such third parties.
- We may disclose your personal information and non-personal information if we determine, at our sole and exclusive discretion, that disclosure is reasonably required to investigate, detect, prevent and/or mitigate any threatened, suspected, potential or actual fraud, damage to property, bodily injury, illegal activity and/or violations of the Terms.
- We may disclose your personal information and non-personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party and/or if we determine that disclosure is required by law or regulation (such as to comply with a subpoena or court order).
- We may disclose your non-personal information, in aggregate form that is not associated with your personal information, to our affiliates and potential business partners, advertisers, investors and for other business and marketing purposes.
- STORAGE, TRANSMISSION AND PROTECTION OF INFORMATION
We collect, store, transmit and protect your personal information using vendors that provide encryption and/or security protocols that are standard in the industry and that we believe reasonably protect your information. We select third party vendors that use encryption and security protocols that we believe adequately protect your personal information, but we do not have actual control over our third party vendors and therefore we cannot be liable for the actions, conduct, errors or omissions of those third parties.
Transmitting and storing personal information via the internet puts that information at risk of inadvertent disclosure to or unauthorized access by third parties, such as hackers and other cybercriminals who exploit security flaws or place viruses, worms or Trojans on computers or other devices used to transmit or store your personal information. We will take commercially reasonable measures to reduce the risk that your personal information is disclosed to or accessed by third parties inadvertently or without authorization, but we cannot entirely eliminate that risk. By providing us with your personal information, you accept the risk that your personal information may be disclosed to or accessed by third parties inadvertently or without authorization. We are not responsible for the actions, conduct, errors or omissions of third parties who may access or attempt to access your personal information without our consent and authorization or for the outcomes or consequences that result from such unauthorized access.
- PRIVACY OF MINORS
Children under the age of 13 are expressly prohibited from using the Site. We do not intentionally or knowingly collect or solicit personal information from children under 13. If you are a child under 13, please do not attempt to use the Site. If we learn that we have inadvertently collected personal information from a child under 13, that personal information will be promptly deleted.
- LEGAL COMPLIANCE
State and/or federal law may require us to notify you (in certain circumstances defined by law or regulation) if your personal information has been compromised, and we will comply with our legal obligations in applicable jurisdictions. The laws and regulations that apply to us and to the collection, processing, use, storage and/or transmission of your information may be different from those in the jurisdiction where you reside.
- NOTICE TO CALIFORNIA RESIDENTS
You may request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. After we receive and confirm your verifiable consumer request (as described below), we will disclose to you: (i) the categories of personal information that we collected about you and the sources of that personal information; (ii) our business or commercial purpose for collecting or selling that personal information; (iii) the categories of third parties with which we shared your personal information; and (iv) the specific items of personal information that we collected about you. If we sold or disclosed your personal information for a business purpose, we will provide you with information about the categories of personal information purchased from us and/or the categories of personal information categories that each recipient obtained. We will disclose the categories (but not the identities) of third parties with which we share your personal information unless otherwise required by law, regulation, subpoena or court order.
You may request that we delete some or all of the personal information that we collected from you or about you. After we receive and confirm your verifiable consumer request (as described below), we will delete (and we will request our service providers and vendors to delete) your personal information unless an exception applies. We may deny your deletion request if retaining your personal information is reasonably necessary to: (i) complete your order or the transaction for which we collected your personal information, provide a product or service that you requested or otherwise fulfill our contractual duty to you; (ii) take actions reasonably anticipated within the context of our ongoing business relationship with you; (iii) fulfill the terms of a written warranty or product recall conducted in accordance with federal law; (iv) detect security incidents and/or protect against malicious, deceptive, fraudulent or illegal activity; (v) maintain the Site or identify and repair errors that impair the Site’s functionality; (vi) exercise free speech, ensure the right of another consumer to exercise free speech rights or exercise another right provided for by law; (vii) engage in internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (viii) comply with any law (including the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq.), regulation, subpoena, court order or other legal obligation; and (ix) otherwise lawfully use your personal information consistent with the context in which we obtained it.
You may also request, pursuant to California Civil Code §1798.83, that we provide you with information regarding our disclosure of your personal information to third parties for direct marketing purposes.
To request that we disclose or delete information as described above, please email your request to email@example.com. Only you (or someone legally authorized to act on your behalf and who provides us with documentation that we determine reasonably evidences your authorization) may make a request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. Unless otherwise permitted by law or regulation, you may only request that we disclose or delete information as described above twice within any 12 month period.
All requests submitted pursuant to this paragraph must include sufficient information to permit us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person. Your request must contain details sufficient for us to properly understand, evaluate and respond to the request. When we receive your request, we may contact you by phone or email to obtain additional information necessary to verify your identity or to enable us to respond to your request. We cannot respond to your request if we cannot verify your identity or authority to make the request. If you provide us with personal information in order to verify your identity for purposes of this paragraph, we will use that personal information only to verify your identity or authority to make the request.
We will respond to a verifiable consumer request pursuant to this paragraph within 45 days of receiving the request. If we require more time (up to 90 days from receiving your request), we will inform you of the reason and extension period in writing. We will communicate with you about your request, and provide information in response to your request (if applicable) by phone and/or email unless you request that we communicate with you by mail. Information provided in response to your request will reflect only the 12 month period preceding receipt of your request. If applicable, our response may explain the reasons that we cannot comply with your request. If our response includes your personal information, it will be provided in a format selected by us that is readily useable and that reasonably enables you to transmit that information to another entity without undue burden. There is no fee for us to process or respond to a verifiable consumer request submitted pursuant to this paragraph unless it is excessive, repetitive or manifestly unfounded. If we determine that a fee applies to your request, we will inform you of the basis for the fee and provide you with a cost estimate before completing your request.
If you are 16 or older, you have the right to direct us to not sell your personal information at any time. To exercise this opt-out right, you (or your verified authorized representative) may submit a request to us by email at firstname.lastname@example.org. After 12 months from your opt-out request, we may contact you to ask that you reauthorize disclosure or sharing of your personal information. We will use personal information provided in connection with an opt-out request only to review and comply with that request.
We do not sell the personal information of consumers who are California residents and who we believe (to the best of our knowledge based on the information in our possession) are less than 16 years old unless we receive affirmative consent from: (i) the consumer, if the consumer is at least 13 years old but not yet 16 years old; or (ii) the parent or guardian of the consumer, if the consumer is less than 13 years old. Consumers between 13 and 16 years old who opt-in to personal information sharing may later opt-out at any time by contacting us at email@example.com.
We will not discriminate against you for exercising the rights available to you pursuant to the California Consumer Privacy Act of 2018. Unless permitted by law, we will not: (i) refuse to provide products or services; (ii) charge different prices or rates, impose penalties or deny discounts generally available to other consumers; (iii) provide you a different level or quality of products or services; or (iv) advise you that you may receive a different price or rate or a different level or quality of goods or services if you exercise your legal rights. We may, however, offer you certain benefits or incentives (to the extent permitted by law) that may result in different prices, rates or qualities if you agree to the sharing and/or disclosure of your personal information. Any such benefit or incentive that we offer will reasonably relate to your personal information's value, and we will describe in writing the material terms associated with the sharing or disclosure that is required in order to receive a benefit or incentive. If you participate in a program that provides a benefit or incentive in exchange for the sharing or disclosure of your personal information, you may opt-out of the program at any time by contact us at firstname.lastname@example.org.
3600 Torrey Pines Blvd.
Sarasota, FL 34238