Effective Date: 01/01/19
1. CHANGES TO THIS POLICY. SC reserves the right to revise this Policy from time to time by updating it and posting it at https://www.sophisticrate.com/privacy-policy, with the new Policy taking effect on the date of posting. You should periodically review this Policy to ensure you are familiar with the most current version. Your use of the Site after the effective date of the updated version of this Policy will constitute your acceptance of the updated Policy.
2. APPLICABILITY OF THIS POLICY. This Policy covers our treatment of information that is gathered by the Site, including personally identifiable information and non-personally identifiable information. If you visit the Site without registering for an Account or making a purchase, you can browse without submitting any personally identifiable information. In order to access certain features, such as registering for an Account or making a purchase, you may be asked to provide personally identifiable information, such as your name, address, phone number, email address, and billing information. This Policy does not apply to information collected by third party Linked Sites, including third party websites or services. We have no control over and no responsibility or liability for any third party collection, use, disclosure, or retention of your information and that collection, use, disclosure, and retention is not subject to this Policy. Please review the privacy policies of any Linked Sites you may access.
3. INFORMATION COLLECTION. We collect the following types of information:
A. Account, Login, Purchase, and Shipping Information. We will collect personal information from you if you create an account on the Site (“My Account”) or make a purchase. Creating an Account may enable you to move through the checkout process more quickly, store multiple shipping addresses, view and track your orders, create and maintain a “wishlist” of products that you can share with others, and save products to a list of “favorites.” If you create an Account or make a purchase, you will be asked to provide some information about yourself, including, but not limited to, your first and last name, your email address, your shipping address, your phone number, credit card information, the names and addresses to whom purchases are shipped (if applicable), or the e-mail addresses of your friends.
B. Product Personalization Information. The Site may allow you to voluntarily submit content created by you in connection with your purchase of personalized products. For example, you may provide text selected by you, or your photos or other images (“User Content”). We will collect and store User Content indefinitely in a profile specific to you. Even if you remove or delete your User Content, copies may remain in cached or archived areas of the Site. We may also collect additional personal information from you if you elect to upload User Content from a third party website or application (e.g., Facebook, Instagram, or Flickr, etc.).
C. Customer Service Requests or Communications Submitted by You. The Site may provide functionality which allows you to voluntarily submit request or inquiry forms, including, for example, requests for help with the Site or requests for product information. The Site may also allow you to submit suggestions or comments. These forms may require that you share personally identifiable information, including, but not limited to, your name, email address, order number, a description of your comment or question, or a photo related to your comment or question. Any personal communications that you or a third party voluntarily submits to us in any format, including by email, postal mail, online form, or any other method of communication, may be collected and saved indefinitely in a profile specific to you.
D. Live Chat. The Site may allow you to instantly “chat” with an SC agent in your browser in order to answer your questions about the Site or our products. Our third party live chat software provider will collect information about you and share it with us. This collection may include, but is not limited to: the number of chats you have had with us, the pages you have visited on the Site, the time you spend on each page, your location, and your IP address. This information may be saved indefinitely in a profile specific to you.
E. Electronic Newsletter. You may sign up to receive an electronic newsletter or other email updates from us by submitting your email address. Any non-service related email you receive from us will include an unsubscribe link that will allow you to opt-out of receiving future emails. We will not share or sell your personal information to any third parties.
F. Invite a Friend and E-Gift Cards. You may be able to share an electronic gift card, your wishlist, or other information with a friend by submitting your friend’s email address to us. We will not sell or share your friend’s email address to any third parties.
G. Automatically Collected Information (Non-Personally Identifiable Information). Similar to other web sites, we may collect some information automatically and store it in log files. We may use Google Analytics or other third party analytics providers to collect this information about the Site. This information does not identify you. This collection may include, but is not limited to: your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. We collect this non-identifying information in order to better understand our customer base, to more efficiently operate our business, to promote our products and services, and to improve the quality of the Site. We do not link analytics information with any of your personally identifiable information. We may automatically collect information using various mechanisms, including but not limited to:
H. Payment Information; Third Party Payment Processor. Credit card payments are handled through PayPal or Stripe, our third party payment processor. SC does not access or store your credit card information. PayPal or Stripe will collect and may retain your credit card information in order to process your payment. We do not control PayPal or Stripe or their use of your information. Please also see the “Affiliated Entities and Service Providers” section below.
4. INFORMATION USE.
. General. We may use your personally identifiable information to manage and administer your Account and the Site; to fulfill your orders for products, including personalized products; to provide you with support and a more personalized experience; to respond to your requests and inquiries; to communicate with you; to share your wishlist, to monitor Site usage; to improve the Site; to provide you with information about products and services; to resolve disputes; to detect and protect against errors, fraud, and criminal activity; to assist law enforcement; to enforce this Policy and the Terms; or for any other purpose described in this Policy or that we describe to you at the time of collection.
A. Communications. We may use your personally identifiable information to send you emails or other communications related to your Account or your orders, or in response to your inquiries or requests. You may not opt-out of receiving service-related messages that are not promotional in nature. We may also send you marketing emails, surveys, or newsletters to notify you about products or services that may be of interest to you. If you would like to stop receiving marketing emails from us, please click on the unsubscribe link at the bottom of any marketing email you receive. If you opt-out, you will continue to receive service-related emails.
B. Personalization Services. We may use, modify, distribute, adapt, and reproduce your User Content or personally identifiable information in order to create the personalized products that you order from us.
C. D. Non-Personally Identifiable Information. We may use non-personally identifiable information for any lawful purpose, including, but not limited to, analyzing trends, administering the Site, tracking users’ movements, and to improve our business and the Site. We may share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on advertising you see. We may also combine non-personally identifiable information with non-personally identifiable information collected from other sources.
D. Information Retention. We will retain your information indefinitely, or as long as legally required or allowed. If you cancel your account or your account is otherwise terminated, we may, but are not obligated to, delete information we have collected or obtained from you or third parties and we may continue to use and disclose your information in accordance with this Policy. SC does not undertake any retention obligations through this statement.
5. INFORMATION DISCLOSURE.
. Affiliated Entities and Service Providers. We will not sell or rent any of your personal information to third parties for marketing purposes. However, we may disclose your information to any affiliated entity or organization and to agents and service providers to help us operate the Site, improve our business or the Site, and to provide services to us. These third parties may include customer service providers, business or sales service providers, or providers that supply support for the Site. Use of information by affiliated entities and organizations will be subject to this Policy or an agreement that is at least as restrictive as this Policy.
A. Wishlist. If you create a “wishlist” on the Site, it will be publicly accessible by anyone who enters your Account-related email address in the “View Friend’s Wishlist” search box. If you do not want someone to access your wishlist, do not share your Account-related email address with them.
B. Legal Requirements. In some cases, we may disclose your information (i) as required by any applicable law or legal regulation; (ii) if we believe disclosure is needed to protect our rights, property, or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Site; and (iv) to respond to a physical threat to you or another person.
C. Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal information, to prospective or actual purchasers in connection with one of these transactions.
D. Disclaimer. We cannot ensure that all of your information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Site may abuse or misuse your personal information. No transmission of data over the internet can be 100% secure.
6. INFORMATION SECURITY MEASURES. Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer and the third-party servers that operate and store information for the Site. The personal information we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
8. CHILDREN’S PRIVACY.
. This Site is not Intended for use by Children. SC is committed to protecting the privacy and safety of children. This Site is a general audience site and children under the age of 13 are prohibited from using or registering for an Account on the Site. We will not knowingly collect any information from children under the age of 13; nor will we send any email correspondence to children under the age of 13. We may ask for your birth date during the registration process in order to verify your age. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. Children under the age of 13 should always ask their parents or guardians before providing their information online. If you believe information from a child under the age of 13 has been submitted to the Site, please notify us at: firstname.lastname@example.org.
A. California Minors. We may provide Site users the ability to publicly post information, for example by submitting user testimonials or other User Content. If you are a California resident under age 18 and you are unable to remove publicly-available User Content that you have submitted to us, you may request removal by contacting us at: email@example.com. When requesting removal, you must be specific about the information or User Content you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any User Content or information that: (1) federal or state law requires us or a third party to maintain; (2) the User Content or information was not posted by you; (3) we anonymize the User Content or information so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the User Content or information. REMOVAL OF YOUR USER CONTENT OR INFORMATION FROM THE SITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT USER CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the User Content or information posted by you; our obligations under California law are satisfied so long as we anonymize the User Content or information or render it invisible to other users and the public.
9. CALIFORNIA SHINE THE LIGHT LAW. California Civil Code Section 1798.83 permits 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 personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may do so by contacting us at: firstname.lastname@example.org.
11. ACCESSING, UPDATING, OR DELETING YOUR PERSONAL INFORMATION. If your personal information changes, please contact us using the online forms provided on the “support” and “frequently asked questions” sections of the Site. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your Account is terminated for any reason, your information will no longer be accessible through your Account or associated with your Account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.