-- Privacy Policy Updated: July 25, 2022

Down Etc., LLC and its subsidiary companies (“Down Etc”, “we”, “our”) respect your privacy and, although we do not collect extensive personal information from you, we are committed to protecting your privacy through our compliance with this Privacy Policy. This Privacy Policy is part of our Terms of Use available here. In this Privacy Policy we describe the types of information we may collect from you or that you may provide when you use our website, located at www.downetc.com and our affiliate websites, subdomains, mobile versions and any associated applications (“Site”), and our practices for using, protecting, and disclosing that information.

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Site. If you do not agree with our policies and practices, do not use the Site.

 

This Privacy Policy may change from time to time, and your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

 

Eligibility

The Site is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site. We do not seek to gather personal information from or about persons under the age of eighteen (18). NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

 

Information Collection

We collect several types of information from and about users on the Site, some of which allows us to personally identify our users. We collect information from you directly when you provide it to us through the Site. Additionally, we collect generic information about your usage and equipment automatically as you navigate through the Site, but do not correlate tracking information to individuals. The types of information we collect include:

 

Information You Provide to Us

• Information to create and fill out your Site account and/or send you newsletters, such as name and email address;
• Information related to your Site browsing, such as any wishlist or registry information you enter;
• Information necessary to process and ship your Site orders, such as transaction or order information, shipping address, billing address, and credit card information; and
• Information that you voluntarily enter or provide to us, such as phone number, comments, reviews, search queries, and email correspondence if you contact us.

 

Payment information is routed directly to Shopify and/or PayPal and stored by these companies; we cannot view or access your payment information directly.

 

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

• Details of your visits to our Site, such as your Site usage, user behavior and trends, and other communication data; and
• Information about your computer and internet connection, such as your IP address, operating system, and browser type.

 

Other than the automatic technologies described in this Privacy Policy, third parties cannot collect personally identifiable information about you over time and across other websites when you use the Site, except as you may permit by accepting cookies when using the Site.

 

In some countries, including countries in the European Economic Area (“EEA”), the information referenced above in this Privacy Policy may be considered personal information under applicable data protection laws. If you do not want us to collect this information, do not use the Site.

 

Information Use

We use the information that you provide and/or we collect about you for a number of reasons related to the services and products we provide on the Site. First, we use information that you provide to us for the reasons you intend when you provide the information – such as creating your Site account to process and save your orders, sending you newsletters, processing and shipping your Site orders, payments (via our third party payment processors), and returns, and providing you with information, services, or products that you request from us. We may also use your information to provide you with notices about your Site account and orders, to enforce our rights arising from any contracts entered into between you and us (such as our Terms of Use and this Privacy Policy), and in other ways we may describe when you provide the information.

 

Second, we may analyze user information in the aggregate - that is, we collect information about thousands of Site visits and analyze it as a whole. This kind of study involves looking for trends among many visitors to our Site, rather than analyzing information about any individual visitor. Examples include researching which parts of the Site are accessed most frequently or determining which products are most attractive to our users. We may also use aggregated, statistical information to describe our Site traffic and establish advertising and other business relationships with third parties. We do not provide any of your personal information to any third party advertisers.

Third, we may use information you provide to help us customize our communications with you and improve our services and products, which may include working with third parties to build, manage, and analyze these communication and preference systems.

 

If you do not wish to have us use your contact information to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to info@downetc.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Down Etc as a result of a registration, product service experience or other transactions.

 

Third Party Internet Sites

Third party Internet sites available through links on our Site have separate privacy and data collection practices. We have no responsibility or liability for these third party policies, content, or actions, even if you access these third-party sites through a link on the Site. Please refer to the privacy statement of any applicable third party site when providing personally identifiable information.

 

Sharing and Disclosing Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To employees and contractors who help us run our business.
• To service providers, vendors, and other third parties we use to support our business, such as Shopify who hosts the Site, Mailchimp® or dotdigital for our newsletters, MyRegistry.com for registry information, and PayPal and Shopify to process order payments and refunds.
• To a buyer or other successor in the event of a merger, reorganization, or other sale or transfer of some or all of our assets, in which personal information about Site users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• To third party contractors in order to analyze Platform performance and user behavior and/or to improve the Platform, such as Google Analytics, Facebook Analytics, and Pinterest Analytics.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us our customers, or others.
• With your consent.

 

User Contributions

The Site includes areas where users can post, submit, or publish content that other users can view, such as product reviews (“User Contributions”). Your User Contributions are posted and transmitted to others at your own risk and our obligations under this Privacy Policy do not apply to these disclosures. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions, and we highly recommend that you do not include personal information in your User Contributions.

 

Cookies and our Analysis Tools

We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with our Site, and to and enhance certain activities available via our Site. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of our Site. We may use persistent or not-persistent cookies. Users can remove or reject persistent cookies by following the directions provided in their Internet browser’s “help” file. If a user removes a persistent cookie or rejects persistent cookies, the functionality of our Site, or any part thereof, may be impaired or unavailable.

 

We use one or more third-party analytics services (such as Google Analytics, Facebook Analytics or Pinterest Analytics) to evaluate your use of our Site, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections you visit, number of links clicked, search terms and other similar usage data), and to analyze performance metrics.

 

Do Not Track Settings

Our e-commerce platform Shopify does not respond to the “Do Not Track” (DNT) signals that may be sent from some web browsers. There is not yet a common understanding of how to interpret DNT signals, but Shopify does provide information on how to opt-out of certain cookies within their Privacy Policy at www.shopify.com/legal/privacy.

 

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

The Security of Your Information

Shopify encrypts data sent to and from merchants and customers using the HTTPS protocol. Shopify also encrypts any sensitive stored information, and salts and hashes merchant and customer passwords using bcrypt. Shopify has implemented many of the controls and processes identified in the GDPR, including:

 

• Anonymizing and encrypting personal data;
• Ensuring confidentiality, integrity, availability, and resilience of processing systems;
• Restricting who may access personal data;
• Ensuring availability and access to personal data in the event of a physical or technical incident; and
• Performing regular testing, assessments, and evaluation of technical and organizational security measures

 

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Site and visiting your account. You may also send us an email at info@downetc.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@downetc.com.

At this time, the California Consumer Privacy Act of 2018 does not apply to us, but please contact us if you have any questions about the personal information we collect, how we use it, or other questions that are not addressed in this Privacy Policy.

 

Outside the US

If you are accessing the Site from outside of the United States, you cannot place an order from the Site. Orders from outside of the United States may be placed through Amazon.com.

 

Additionally, by using the Site, you authorize us to transfer and store your information outside your home country, including in the United States, for the purposes described in this policy.

 

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US.

 

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

 

EEA Users

You have options in relation to the information and data that we have about you. To exercise any of the options discussed below, please contact us at info@downetc.com. If you’re an EEA user, you may:

 

• Access the information we have about you. We'll will make an effort to share this information with you within a reasonable time.
• Have your information corrected or deleted.
• Object to us processing your information. You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. We only send you marketing material if you've agreed to it, but if you'd rather we don't, you can easily unsubscribe at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you, or by emailing us at the email address above.
• Withdraw your consent for us to collect and process your personal information at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• Have the information you provided to us sent to another organization, where we hold this information with your consent or for the performance of a contract with you, where it's technically feasible.
• Complain to a regulator. If you're based in the EEA and think that we haven't complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in Ireland or with your local supervisory authority.

 

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

 

Legal Basis for Processing Personal Information

Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you (such as fulfilling an order that you place); (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Site and communicating with you as necessary to provide the Site, for example when responding to your queries, fulfilling your order, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

 

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

 

Legal disclaimer

 

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error-free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal information.

 

Changes to our Privacy Policy

From time to time, we make changes to our information practices or alter the functionality of our Site. We will update this Privacy Policy accordingly and post a notice on the Site homepage that this Privacy Policy has been updated for a reasonable amount of time after the changes have been implemented, so we encourage you to periodically review this page for the latest information on our privacy practices.

 

Contact Us

The Site is property of Down Etc., LLC a California limited liability company. For general information about the Site, this Privacy Policy, or anything else, you can contact us at:

Katie Reuland, Data Protection Officer
info@downetc.com

 

Copyright © 2022 Down Etc., LLC. All Rights Reserved.