Privacy Policy old

  1. Introduction

 

Thank you for choosing Salt & Snow, Inc. (“Company”) for your business.  The Company provides e-commerce services (“Services”) to vendors (“Vendors”) through an online marketplace where Vendors may sell their fashion-forward, high-performance, premium sports apparel (“Vendor Products”) and provides customers (“Customers”) with an online marketplace of curated Vendor Products for sale.

 

This Privacy Policy (“Agreement”) applies to: (1) any and all visitors (“Visitors”) to our website located at www.saltandsnow.com (“Website”); (2) to those who purchase of Vendor Products on our Website (“Customers”); and (3) to Vendors who sell Vendor Products on our Shopify app (“Vendors”).  Visitors, Customers, and Vendors and any agents or employees of the same, are herein collectively referred to as “you” in this Agreement. 

 

When you use our Services, Website, or Shopify app, whether as a Visitor, Vendor, or Customer, you are agreeing to our terms, so please carefully read the: (1) Terms of Service, Annexes attached hereto, incorporated herein, and (2) this Privacy Policy, as these documents contain important information regarding your legal rights and obligations. 

 

II.        General Data Protection Regulation

 

This Company is headquartered in the state of New York, USA. The Company operates its Website on the Shopify platform.  By using our Products or accessing our Website, you herein agree to Shopify’s Privacy Policy (https://www.shopify.com/legal/privacy) and Terms of Service (https://www.shopify.com/legal/terms).  Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States.[1]  For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper at  https://help.shopify.com/en/manual/your-account/privacy/GDPR.

 

We provide the foregoing disclosure to EU data subjects.  

 

The Company’s and Shopify’s processing[2] of the Personal Information[3], such as the name, address, email address, or telephone number of an EU data subject (hereinafter, “Personal Information” or “Personal Data”) that is voluntarily supplied by the individual, or supplied by an authorized third party,[4] shall always be in line with the General Data Protection Regulation (“GDPR”), and in accordance with the country-specific data protection regulations applicable to the Company.  

 

By means of this Privacy Policy, our Company would like to inform you of the nature, scope, and purpose of the Personal Information we collect, use and process, as defined herein.  Specifically, if you are an EU data subject visiting our Website, you are hereby informed, by means of this section of our Privacy Policy, of the rights to which you are entitled, and the recourse you may seek if you have any questions regarding the collection, use, and processing of Personal Information by the Company.

Your Privacy Rights under the GDPR.   The GDPR includes the following rights for you, as an EU data subject, if you provide Personal Information to the Company in connection with accessing the Products or visiting our Website:

  • The right to be informed about how we store, use, or share your data;
  • The right to access your data;
  • The right to rectify your data;
  • The right to have us erase your data;
  • The right to prevent us from processing your data;
  • The right to request copies of your data from us[5] in a commonly-used and machine-readable format, free of charge, for the purposes of transfer to a third party, where technically feasible;
  • The right to object to use or sharing of your data; and
  • The right not to be subject to automated decision-making, including profiling

 

Legitimate Business Interest under the GDPR.   Our use of your Personal Information is based on the legitimate business grounds that:

 

  • The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to enable access to our Website on your device or charge you for our Products;
  • The use is necessary for compliance with a legal obligation;
  • The use is necessary in order to protect your vital interests or those of another person or entity;
  • We have a legitimate interest in using your information – for example, to provide and update our Website or Vendor Products, to improve our Website or Vendor Products so that we can offer you an even better user experience, to safeguard our Website or Vendor Products, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with Vendor Products, and to personalize your experience; and/or
  • You have given us your consent.

 

Data Retention/Erasure.   We will retain your Personal Information for as long as needed to provide the applicable Vendor Products, or for a minimum period of four (4) years.  If, at any time after agreeing to this Privacy Policy, you: (1) change your mind about receiving information from us; (2) wish to revoke permission for us to retain and use your Personal Information; (3) wish to object to the processing of your Personal Information; or (4)  wish for us to erase a copy of your data, please make a request to the Company at info@saltandsnow.com.  If you request erasure of your data, we may retain some of your Personal Information only for legitimate business interests, such as fraud detection, prevention, and enhancing the safety of our Website; and to comply with our legal obligations, specifically our tax, legal reporting, and auditing obligations.

 

Our Response to Your Requests.   If you make any requests regarding your Personal Information, we will not charge you for compliance with the request.  The Company will respond and comply within one month.  The Company reserves the right to refuse or charge for requests that are manifestly unfounded or excessive.  If we refuse your request, we will tell you why we are refusing your request.  You have the right to complain to the relevant supervisory authority and to a judicial remedy, but you must do so within one month of our refusal.

 

Data Controller.   With the exception of processing payments, for which Shopify is the Payments Data Controller; the Company is the “data controller,” as defined under the GDPR, or the legal entity which determines the purposes and means of the processing of Personal Information of the customers of the Company and visitors to its Website.  The Company is responsible for collecting your consent, managing consent-revoking, enabling right to access, etc.  If you wish to revoke consent for us to store, use, or share your Personal Information, you may contact us at info@saltandsnow.com.

 

Data Processor.   The Company, and Shopify, as the host of the Website, is the “data processor," as defined under the GDPR, or the legal entity which processes, as this term is defined here in footnote 1, your Personal Information.  The Company maintains records of any processing activities it performs, and is able to show how the Company complies with the data protection principles under the GDPR.  It has effective policies and procedures in place.  If you have questions regarding the processing of your Personal Data, you may contact us at info@saltandsnow.com.  If you have any questions about how Shopify, our Website host, processes your Personal Data, you may visit their website for EU subjects at https://help.shopify.com/en/manual/your-account/privacy/GDPR.

 

Data Protection Officer.  The Company is not formally required to designate a Data Protection Officer (“DPO”) because it is not: (1) a public authority; (2) an organization that carries out regular and systematic monitoring of individuals on a large scale; or (3) an organization that carries out large scale processing of special categories of data, such as health information or information about criminal convictions.  You may contact Ashley Bryan, COO of the Company, regarding data protection compliance and she can answer any questions you may have about your Personal Information.  She may be reached at abryan@saltandsnow.com.

 

Breach.   The Company has reasonable internal policies and procedures in place to effectively detect, report, and investigate a data breach.  The GDPR defines a Personal Information breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information.”  Pursuant to the GDPR, the Company will notify you of a Personal Information breach where the Personal Information breaches are likely to present a risk to data subjects to data protection authorities (“DPAs”) without undue delay, and within 72 hours if feasible, after becoming aware of the breach; and communicate high-risk breaches to affected data subjects without undue delay.  In the unfortunate event of breach, the Company shall provide you with: (i) contact details of the DPO or other contact person for the Company, (ii) a description of the nature of the breach, (iii) likely consequences of the breach, (iv) measures the Company has taken or proposes to take to address the breach, and (v) advice on steps data subjects can take to protect themselves.

 

Note: Data Protection Impact Assessment (DPIA).   The Company is not required to undergo a DPIA because the Company’s data processing is not likely to result in a high risk to data subjects, such as in cases where: (1) new technology is being deployed; (2) profiling operations may significantly affect individuals; or (3) processing is on a large scale and involves special categories of data.  If you have any questions regarding DPIA compliance by the Company, please contact Ms. Bryan.

 

Complaints.  Without prejudice to any other administrative or judicial remedy, every EU data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of the data subject considers that the processing of Personal Information relating to him or her infringes this Regulation.

 

Automatic Decision Making.  If you are a resident of the EU, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

 

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

 

Our Website host and processor, Shopify, uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

 

Services that include elements of automated decision-making include:

 

  • Temporary deny list of IP addresses associated with repeated failed transactions. This deny list persists for a small number of hours.
  • Temporary deny list of credit cards associated with deny listed IP addresses. This deny list persists for a small number of days.

 

III. Use, Processing, and Sharing of Personal Information

 

The following information applies to anyone who shares with us his, her, or a third-party’s[6] Personal Information[7].  We may use, process,[8] and/or share your Personal Information (and we have done so in the past 12 months):

 

  • To respond to your inquiries and your requests regarding our Website or Vendor Products.
  • To send you information regarding our services and changes to our terms, conditions, and policies.
  • To complete your account registration on our Website, process your payments, and communicate with you regarding your purchase of Vendor Products.
  • To send you marketing communication and newsletters about Vendor Products.
  • To personalize your experience on our Website.
  • To inform you and allow you to participate in our Company’s promotions.  
  • To facilitate social sharing functionality.
  • To collaborate with business affiliates, partners, vendors, or service providers to provide you with Vendor Products.
  • In connection with our business purposes, as described above, including but not limited to data analysis, audits, fraud monitoring and prevention, developing or enhancing new and existing products and/or services, expanding our business activities, etc.

 

We will not use and/or share your Personal Information:

 

  • With anyone except for our Company’s authorized service providers,[9] business affiliates,[10] and business partners[11], such as Shopify, and strictly for business purposes.  We will give you an opportunity to opt out of sharing your Personal Information.  
  • To run interest-based advertising campaigns that collect Personal Information such as email addresses, telephone numbers, and credit card numbers.
  • To use or associate Personal Information with remarketing lists, cookies, data feeds, or other anonymous identifiers.
  • To use or associate targeting information, such as demographics or location, with any Personal Information collected from the ad or its landing page.
  • To share any Personal Information with Google or third party companies through our remarketing tag or any product data feeds which might be associated with our ads.
  • To send Google or third party companies precise location information without obtaining your consent. 

However, we reserve the right to disclose Personal Information that we believe, in our sole discretion, to be necessary or appropriate in the following circumstances:

  • As required by law, such as to comply with a subpoena, or similar legal process.
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  • To enforce our Terms and Conditions.
  • To allow us to pursue available remedies or limit the damages that we may sustain.

 

IV.        Collection of Other Information

 

Personally Non-Identifiable Information:  The Company may run market research projects that seek to identify consumer segments that are interested in and/or use Vendor Products or similar products.  As a result, on our Website or through our provision of Vendor Products to you, we may collect personally non-identifiable information about you, including but not limited to your demographic data, age, education level, profession, geographic location or gender, when you choose to use Vendor Products. This information is not, by itself, sufficient to identify or contact you.  The Company may store such information, or it may be included in databases owned and maintained by partners, affiliates, agents, or service providers of the Company.  The Company may use such information and pool it with other information to track data related to growing the Company’s business, such as the total number of visitors to our Website and purchasers of our products.

 

Passively Collected Information:   The Company may collect information on the user's date and time of page views, or other personally non-identifiable information which may include but is not limited to, for example, IP addresses, browser types, location information associated with your IP address, domain names, your interactions to an ad delivered by us or our ad technology partners and other anonymous statistical data involving your use of the Website and/or purchase of the Vendor Products.  This information cannot presently be used to specifically identify you.  

 

Aggregated Personal Data:   The Company may analyze your Personal Information provided through the Website or in connection with providing the Vendor Products to you, in aggregate form.   This aggregate information does not identify you personally.   We may share this aggregate data with our partners, affiliates, agents, or service providers for our own business purposes.   We may also disclose aggregated statistics to explain use of Vendor Products to current and prospective business partners, potential investors, and to other third parties for other lawful, business-related purposes.

 

Customer Credit Card Information.   The Company uses a third party, Shopify, to process your payments and keep a protected copy of your credit card number. This billing data belongs to you, and by utilizing the Vendor Products, you grant the Company a license to use this data to bill you for Vendor Products purchased.  By accessing our Website and/or utilizing/purchasing Vendor Products, you herein agree to Shopify’s Privacy Policy and Terms of Service located at https://www.shopify.com/legal/privacy and https://www.shopify.com/legal/terms, respectively.  You also herein agree that you have read our Terms of Service describing the fees and payment processing associated with any purchase of Vendor Products.

 

V.        Website Tracking 

 

We may, either directly or through third party companies and individuals we engage to provide services to us, also:

 

  • Track your use of our Website and the use of Vendor Products for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, etc.
  • Track your use of the Website and enable you to use and access the Vendor Products and pay for your access to the Vendor Products.  
  • Track your behavior on our own Website and market and further advertise Vendor Products to you, on our Website platform and/or on other third party websites.  You may opt out of receiving advertisements by visiting the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/).  Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Vendor Products, generally.  The advertising will simply not be targeted or specific to your interests.

 

VI.        Tracking Technologies on our Website

 

The Company may use the foregoing technologies to track your activity on our Website:

 

Cookies.   When you visit our Website or otherwise interact with the Service, we may send one or more “cookies” to your computer or other devices.  Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience.  Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites.  Some features on this site will not function if you do not allow cookies.  We may link the information we store in cookies to any Personal Information that you submit while visiting our Website.  

 

We may use both session ID cookies and persistent cookies.  A session ID cookie expires when you close your browser.  A persistent cookie remains on your hard drive for an extended period of time.  Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site.

 

Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance.

 

Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.

 

Advertising cookies may be set through our Website by our advertising partners. Data may be collected by these companies that enable the companies to serve up advertisements on other sites that are relevant to your interests.

 

Our Website is hosted on Shopify.  We may use Google Analytics, Shopify Analytics, Zoho Analytics, and/or other similar analytics services, which uses cookies and other similar technologies to collect and analyze information about the use of the Vendor Products and/or Website, and report on activities and trends.  This Website may also collect information regarding the use of other websites, apps and online resources.  To that end, we provide the following links for your information:

 

You herein agree that if you use our Website or Services, that you agree to the Privacy Policies and Terms of Service of Google Analytics, Shopify Analytics, and Zoho Analytics.

 

The cookies necessary for the functionality of our Website, as hosted on Shopify’s platform, include:

 

Name

Function

_ab

Used in connection with access to admin.

_secure_session_id

Used in connection with navigation through a storefront.

cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

secret

Used in connection with checkout.

secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

_shopify_u

Used to facilitate updating customer account information.

 

Reporting and analytics cookies on our Website include:

 

Name

Function

_tracking_consent

Tracking preferences.

_landing_page

Track landing pages

_orig_referrer

Track landing pages

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

 

 

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site.  You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html.  

 

If you reject cookies, you may still use our site, but some features on the site may not function properly.

 

Web Beacons.   Web beacons are electronic files that signal when a webpage, advertisement, video, other content, an email or newsletter has been viewed. &nbsnbsp;They are usually invisible to you.  We may use web beacons alone or in conjunction with cookies to compile information about our Service.  Web beacons may be used to track email open rates, web page visits or form submissions.  In some cases, we tie the information gathered by web beacons to your Personal Information to gauge the effectiveness of certain communications and our marketing campaigns.

Log Files.   A Log File is a file that records either events that occur in an operating system or other software runs, or messages between different users of a communication software.  Log file information is automatically reported by your browser or mobile application each time you access the Website or use Vendor Products.  Along with cookies and web beacons, log files help provide additional functionality to the Website and help us analyze Website and Vendor Products usage more accurately.  We and our third party tracking-utility partners may use log files on our Website to gather automatically gather and store information including, but not limited to, internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for business purposes.  

Embedded Scripts.   An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.

Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plugins, system fonts and other data, for purposes of identification.

ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.

VII.        Children   

 

The Children’s Online Privacy Protection Act of 1998 (COPPA) and its accompanying FTC regulation protects the privacy of American children aged 13 and under, who are using the Internet.  The GDPR sets the age at which an EU child can give their own consent in order to process their Personal Data at 16 years of age.  

 

The Website is not intended for anyone under 16, and we do not knowingly collect information from anyone under the age of 16.  Anyone aged 16 or under should not submit any Personal Information to the Company via its Website without the permission of their parents or guardians.  Parents or guardians may, on behalf of their children, submit their children’s Personal Information on our Website.  That being said, while we do not intend for minors to access our Website, it is reasonably foreseeable that a minor may be interested in the Website due to the appeal of Vendor Products.  

 

To that end, we recognize the need to provide further explanation to parents of minors regarding the privacy protections we afford to the extent that: (1) you provide us with information about your child/children under the age of 16 (“child” or “children”), or (2) your child(ren) self-disclose their personal information when they visit our Website or purchase Vendor Products.  

 

To the extent that a Website user is a child and submits his or her Personal Information to us via our Website and we subsequently learn that the user is a child, we will take additional steps to protect the child’s privacy, including:

 

  • By way of this Privacy Policy, notifying parents about our information practices with regard to children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
  • In accordance with applicable law, obtaining consent from parents for the collection of Personal Information from their children, or for sending information about our products and services directly to their children;
  • Limiting even inadvertent collection of Personal Information from children to no more than is reasonably necessary to engage in our Services; and
  • Giving parents access or the ability to request access to Personal Information we have collected from their children and the ability to request that the Personal Information be changed or deleted.

 

Accordingly, the foregoing PARENTAL NOTICE REGARDING THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”), explains our information collection, disclosure, and parental consent practices with respect to information provided by children, and uses terms that are defined throughout this Privacy Policy.  This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”).  Under the Children’s Online Privacy Protection Act (“COPPA”), we must provide you with direct notice before collecting Personal Information from your child. Effective July 1, 2013, the Federal Trade Commission (“FTC”) updated COPPA to reflect changes in technology, and now considers a photograph, video, or audio file containing a child’s image or voice to be a child’s Personal Information. For more information about COPPA, please visit https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy.  

 

Account Registration by Adult of Child.   If you are an adult registering a child for an account on the Company’s Website and/or for the sale of Vendor Products, your child/children will have the opportunity to interact with our Website and/or purchase our Vendor Products.  You herein agree that by registering the child for an account on our Website, you are the parent or legal guardian of said child and legally authorized to enter into contracts on their behalf.

 

Account Self-Registration by Children.  Again, while we intend for adults to register a child/children for our Services, it is entirely possible that a child/children may visit our Website and self-register for an account and/or purchase Vendor Products without consent from parents or guardians.  During the registration process, we may ask the child to provide the same information provided by adult Website users for notification and security purposes, including an email address, the child’s first name and gender, and/or password.  We also may ask for birth dates from children to validate their ages or for our own business purposes (i.e., collecting Website user and Vendor Product purchaser demographic information for potential investors).  

 

If we subsequently determine that a particular Website account registrant or user is age 12 or under, we will ask the Website account registrant or user for his or her parent or legal guardian’s email address before we continue to collect any Personal Information from the child.  We will provide the parent or legal guardian with an opportunity to prevent further contact with the child.  At any time, you as a parent or legal guardian may refuse to permit: 1) your child’s participation on the Website or further purchase of Vendor Products on our Website, 2) our further use of your child/children’s Personal Information, or 3) our further contact with your child/children.  You may of course request that we delete your information or your child/children’s information.  To exercise any of your rights, please email us at info@saltandsnow.com.

 

If you believe your child is visiting our Website, purchasing Vendor Products, and/or providing us with his or her Personal Information, and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at info@saltandsnow.com.

 

Email Contact with a Child.  In connection with providing access to our Website or Vendor Products, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once.  In such instances, we will retain the child’s online contact information to honor the request or sale of the Vendor Product that the child purchased.  Once the Company learns that the email address belongs to a minor, the Company will delete this information immediately after responding to the question or request.  

 

Retention of Child’s Personal Information.   In any instance that we collect Personal Information from a child, we will retain that information only so long as reasonably necessary to fulfill the sale of our Vendor Products, or as required by law.  In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s or legal guardian’s consent for that collection.

 

Sharing of Child’s Personal Information.   In conclusion, your privacy and your child/children’s privacy are important to us.  We only share or disclose Personal Information collected from a child/children in a limited number of instances, including the following:

  • We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.
  • We may disclose Personal Information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose Personal Information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

 

 

VIII.        Links to Other Websites  

 

This Privacy Policy does not address, and we are not responsible for the privacy, information or other practices of any third parties.  This Privacy Policy applies only to this Website and the Company’s Vendor Products.  It does not apply to any third-party sites, and the inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

 

We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Instagram, Twitter, or any other app developers, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with your use of the Website or Vendor Products.

 

IX.        Security   

 

We maintain reasonable and appropriate, although not infallible, security precautions.  However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information, despite our reasonable efforts.  You should note that in using the Website, and/or our related Vendor Products, your information will travel through third-party infrastructures which are not under our control.  Please feel free to raise any questions, concerns or specific directions you may have regarding the privacy and security of your information to info@saltandsnow.com.

 

X.        Data Retention

 

We will retain your Personal Information for four (4) years, or as long as needed to provide the applicable Vendor Products to you.  Our data retention period may change in the future if a longer retention period is required or permitted by law.

 

XI.        Do Not Track   

 

Your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites you visit.  The Company’s Website does not respond to "Do Not Track" signals or other mechanisms from a visitor's browser.  If, in the future, we create a program or protocol to respond to such web browser "Do Not Track" signals, we will inform you of the details of that protocol in this Privacy Policy.  To find out more about "Do Not Track," please visit https://www.allaboutdnt.com.

 

XII.       &nbsnbsp;Advertising/Google Ads

 

On this Website, the Company has integrated Google Ads. Google Ads is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google Ads allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displays when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.

The operating company of Google Ads is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of Google Ads is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.

If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached a Google Ads ad on our website generated sales, that is, executed or canceled a sale of goods.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through Google Ads ads to ascertain the success or failure of each Google Ads ad and to optimize our Google Ads ads in the future. Neither our company nor other Google Ads advertisers receive information from Google that could identify the data subject.

The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, Personal Information, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America.  Personal Information is stored by Google in the United States of America. Google may pass these Personal Information collected through the technical procedure to third parties.

The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google Ads may be deleted at any time via the Internet browser or other software programs.

The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.com/settings/ads and set the desired settings.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

XIII.        Analytics

 

 As mentioned above under the Cookies section of this Privacy Policy, we and our third party tracking-utility partners use technology on our Website to automatically gather certain information, including but not limited to internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for analytics purposes.  Specifically, we analyze trends, administer the site, track users’ movements around the Website, and gather demographic information about our user base as a in the aggregate.  We and our third party tracking-utility partners use log files on our Website to automatically gather certain information, including but not limited to internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for analytics purposes.  Specifically, we analyze trends, administer the site, track users’ movements around the Website, and gather demographic information about our user base as a in the aggregate.  

 

On this Website, the Company has integrated both Shopify Analytics, as the Website is hosted on Shopify and Google Analytics, which is a separate web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

 

The operator of Google Analytics is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.  The operator of Shopify Analytics is Shopify, Inc., 151 O’Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada.

 

The purpose of both analytics software systems is to analyze the traffic on our website. Analytics software uses the collected data and information, inter alia, to evaluate the use of our Website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

 

By continuing to use our Website and/or Vendor Products, you agree to the applicable data protection provisions of Google under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html, as well as the terms regarding Google Analytics at https://www.google.com/analytics/.

 

By continuing to use our Website and/or Vendor Products, you agree to Shopify’s privacy practices at https://www.shopify.com/legal/privacy, and the terms regarding Shopify Analytics in particular at https://help.shopify.com/en/manual/reports-and-analytics/shopify-reports.

 

XV.        XVI.        Public Forum on our Website   

Our Website offers publicly accessible message boards, blogs, and community forums to which you may contribute.  You may submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, "User Content"), such as on profiles, blogs and message boards.  We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed), and may or may not attribute it to you.  

Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that the Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure.  Our promises regarding handling of your Personal Information under this Privacy Policy do not apply to any information that you disclose publicly, share with others or otherwise upload onto the publicly available positions of our Website. We are not responsible for the accuracy, use, or misuse of any User Content that you disclose or receive from third parties through the Website.

To request removal of your Personal Information from our blog or community forum, contact us at  info@saltandsnow.com.  In some cases, we may not be able to remove your Personal Information, especially if it was already re-posted by another user.  If this is the case, we will let you know if we are unable to do so and why in response to your request.

XVII.        Referrals   

If you choose to use our referral service to tell a friend about our Services by email, we will ask for your friend’s email address, and send your friend a one-time email inviting them to visit our Website and inform them of our Services.  We will only store your friend’s email address for the sole purpose of sending this one-time message and tracking the success of the referral program. Your friend may contact us at info@saltandsnow.com to request that we remove this information from our database at any time.

 

If you submit any Personal Information relating to other people to us or to our service providers in connection with our Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.  

 

 

XV.        Testimonials, Ratings and Reviews  

If you submit testimonials, ratings, or reviews of the Vendor Products directly on our Website, any Personal Information you include will be displayed on the Website.  We may also partner with third-party service providers to collect and display ratings and review content on our Website.  If you provide our third-party service providers with your Personal Information in the process of submitting your rating and review, the content and Personal Information collected by a third party will be posted on our Website, absent your express instruction not to do so.  If you want your testimonial, rating, or review removed from our Website at any time, please contact us at info@saltandsnow.com.

 

XVI.        Changes  

 

This Privacy Policy may be updated from time to time for any reason, at our sole discretion.  We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Website, and emailing you a copy of the revised Privacy Policy or a link to it.  You are advised to consult our Website regularly for any changes.

 

XVII.        Incorporation into Terms of Service

 

By using or accessing the Website or purchasing the Vendor Products, you are accepting the practices described in this Privacy Policy, and you are consenting to our processing of your information as set forth in this Privacy Policy and as amended by us. This Privacy Policy is incorporated into, and considered a part of, the Company’s Terms of Service.

 

XVIII.        Opt-Out Policy  

 

If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, or if you prefer that we do not share your Personal Information with third parties for marketing purposes, please contact us at info@saltandsnow.com.

 

XIX.        Contact Us   

 

If you have any questions or concerns relating to our use of your Personal Information, please email info@saltandsnow.com or reach us via first class registered U.S. mail, overnight courier, to:  Salt & Snow, Inc., 652 Lexington Avenue, New York, NY 10021.

 

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING PRIVACY POLICY, AND THE COMPANY'S TERMS OF SERVICE AND ATTACHED ANNEXES, AND AGREE THAT USE OF THE SERVICES OR PURCHASE OF ANY VENDOR PRODUCTS ON THE WEBSITE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE FOREGOING AND ANY SEPARATE EXECUTED AGREEMENT BETWEEN YOU AND THE COMPANY.

 

 


[2] Processing.   “Processing” covers a wide range of operations performed on personal data, including by manual or automated means. It includes the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.  See Article 4(2) and (6) of the GDPR.

[3] Personal Information.   “Personal Information” may include, but is not limited to information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc. The Company does not collect any Personal Information from visitors to its website that is not voluntarily provided. The Company only collects your Personal Information when you use the Company’s Products, and when you send the Company communications in connection with your use of the Products.  

[4] Third Party Personal Information.   We may obtain your Personal Information from third parties, such as third parties with whom we affiliate in providing the Company’s services.  If you provide the Company with Personal Information about third parties, you warrant to the Company that any Personal Information that you provide to the Company about any third party individuals was obtained by you with full consent, that you have the legal authority to provide us with such information, and that the individual has not communicated to you that they wish to opt out of receiving communications from the Company or having the Company collect information about him or her.

[5] You may email us with requests at info@saltandsnow.com.

[6] Third Party Personal Information.   We may obtain your Personal Information from third parties, such as third parties with whom we affiliate in providing the Company’s services.  If you provide the Company with Personal Information about third parties, you warrant to the Company that any Personal Information that you provide to the Company about any third party individuals was obtained by you with full consent, that you have the legal authority to provide us with such information, and that the individual has not communicated to you that they wish to opt out of receiving communications from the Company or having the Company collect information about him or her.

[7] Personal Information.   “Personal Information” may include, but is not limited to information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc.  The Company does not collect any Personal Information from visitors to its website that is not voluntarily provided.  The Company only collects your Personal Information when you use the Company’s Products, and when you send the Company communications in connection with your use of the Products.  

[8] Process.   “Processing” covers a wide range of operations performed on personal data, including by manual or automated means. It includes the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data.  

[9] Authorized service providers are companies that perform certain services including, but not limited to, fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analyses, supporting the functionality of the Products, and supporting contests, sweepstakes, surveys and other features we offer, on our behalf.  These service providers may have access to your Personal Information, but to the extent necessary to perform or fulfill their business purpose.  We do not permit them to share or use any of your Personal Information for any other purpose.

[10] Affiliate businesses are those businesses with whom we may affiliate to sell our Products.  We may share information we collect, including Personal Information, with affiliated businesses.  Sharing such information with our affiliates enables us to provide you with information about a variety of Products that might interest you.  We instruct all affiliated businesses to comply with applicable privacy and security laws and, at a minimum, in any commercial email they send to you, to give you the opportunity to choose not to receive such email messages in the future.

[11] Business partners are typically merchants offering the products, services, promotions, contests and/or sweepstakes in connection with or somehow related to our own Products.  We will not share your Personal Information with business partners unless you choose to participate in their offer or program.  When you choose to engage in a particular offer or program, you authorize us to share your email address and other Personal Information with the relevant business partner.