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Privacy Policy

Privacy

POLICY

EFFECTIVE DATE: May 12, 2021

Privacy Policy heavygear.shop

 

  1. Introduction

Purpose of Privacy Policy

Vista Shopware, Inc. (“Company“, “we“, “us“, and “our“) provides this privacy policy to let our Users know how the information collected from them will be used and disseminated through https://www.heavygear.shop (“Website”) when you access the Website or other online or mobile services.

The provisions of this Privacy Policy form part of the Terms and Conditions and must be read in conjunction with the provisions and definition made reference to therein. A copy of the Company’s Terms and Conditions can be found here.

Privacy Policy heavygear.shop

It is important to The Company that you understand some of the concepts concerning our Privacy Policy simply and clearly and have a better indication concerning what information we collect, how we collect it, and what choices or rights you have concerning your data. This Privacy Policy may be amended from time to time but we shall advise you of any amendments prior to publishing the Privacy Policy.

Notwithstanding the summaries, all parties are encouraged to make use of and read the Privacy Policy in its entirety.

  1. Applicability

This Privacy Policy explains how we process our visitors’ and clients’ personal information, where The Company is the Data Controller as defined in Article 4 of the General Data Protection Regulation 2016/679.

Our website may contain information about or links to other websites that are outside our custody and/or control. Please note that this Privacy Policy applies only to The Company. Thus, we urge our users to carefully read and review the privacy policies of each of those other websites to get an understanding of how your information is being used and shared by those third-party websites.

  1. What Information do we collect?

The Company collects information at various times whilst you make use of the Website, including when your account is created, usage, and device information.

Privacy Policy heavygear.shop

We collect and use your personal information only according to applicable laws. We do not want nor is our intention to collect, through the User Account, personal information of individuals under the age of 18 years old. Our services are intended for users of 18 years or older.

Privacy Policy heavygear.shop

The following information is collected by and on behalf of The Company:

  • Information obtained directly from you. Most of your personal data is collected from the information that you provide us with when accessing the Website and opening a User Account:
  • User Account: We collect information when you create or update your User Account. This includes your name, email, phone number, login name and password, billing and shipping address, payment or banking information (including related payment verification information), that you are over 18 years old and information of items purchased from the Company such as order ID, date, status, total amount. This also includes the preferences and settings that you enable for your User
  • Payment Information: If you use the Website to make payments, we also collect certain payment information, such as debit or credit card information.
  • Marketing and Communications Data includes your preference to receive marketing information from us.
  • Support and Contact Form: If you choose to contact us or ask for our support, we also collect your name, e-mail address and details regarding your request.
  • Aggregate Data: aggregate data may be collected and used, which may not directly or indirectly reveal your identity, for example, the percentage of Users accessing a specific portion of the Website. Should any aggregate data be combined with any data that directly or indirectly identify you it will be treated as personal data and be regulated in accordance with this Privacy Policy.
    • Information we obtain from interaction with the Website. As you interact with the Website we can collect technical data:
  • Browser Data is data concerning your browser language, IP address, time and date of visit, your browser version and platform, device, pages viewed, items placed in your cart and platform and so forth, for statistical, security, and legal purposes.
  • Information Collected by Other Tracking Technologies: We and our third-party service providers use cookies, clear GIFs (also known as web beacons, web bugs, or pixel tags), and other tracking technologies to collect information about the precise location of your device. For more information about the information we collect through cookies, and, our reasons for using them please refer to our Cookie Policy.
    • Information third parties provide to us. Third parties may also provide us with information about you. For example, we may increase the information we collect about you with outside records or third-party social providers.
  • Behavioural Advertising: Should the website be accessed from any third-party website, your personal information may be used with targeted advertisements and marketing information to market and advertise products and services which may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative (“NAI”) educational page at http://www.networkadvertising.or/understanding-online-advertising/how-does-it-work.

 

All the above information helps us to provide and improve our services for you. You do not have an obligation to provide us with any information. In case of a contract, you may have an obligation to do so, and if we do not receive certain information from you, then we will not be able to provide our services to you.

  1. How we use your information?

The Company collects and uses information to maximize Website delivery and ensure that you are aware of the full suite of available products and services. We also use information we collect for: customer support, research & development, legal proceedings, maintaining Website security. We will not sell your information to third parties for direct marketing purposes, however, if a third-party website was used to locate or access the Website, such as Google, Facebook, and so forth it may use your personal information for targeted advertisements or marketing communications which may be of interest to you.

  • Providing Access to the Websites and Features: The Company uses the information collected to provide, personalize, maintain and improve the Website. This includes using the information to: create and update your account, verify your identity, process or facilitate payments for items purchased through the Website, provide and deliver products and services, process transactions and returns, monitor and analyse trends and usage and activity in connection with the Website.
  • Facilitate and Improve Your Instore Experience
  • Safety and security: We use your data to help maintain the safety, security, and integrity of the Website and Users by, for example, detecting and preventing any fraudulent or malicious activity and make sure that everyone is using the Website fairly, and, in accordance with the Terms and Conditions.
  • Provide Customer Support: The Company uses the information collected to assist you when you contact our customer support services which are used to investigate and address your concerns and monitor and improve our customer support responses.
  • Administrative and Business Purposes: The Company may use your personal data in connection with, or during negotiations of, a corporate business transaction, such as a merger or acquisition of all or part of the business to another company or joint venture. It may also be used in connection with any or during any financing, sale of assets or bankruptcy proceedings.
  • Communications from The Company: The Company may use the information we collect to communicate with you about products, promotions, studies, surveys, news, updates and events. You may receive some of these communications based on your User Account and the activation to receive marketing materials from the Company. and can refer to paragraph 10.1 below for further information.
  • Legal proceedings and requirements: We may use the information we collect to investigate or address claims or disputes relating to your use of The Website, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
  1. Which are our legal basis for processing information?

We use personal information as necessary for the performance of our services or to take steps prior to providing our services, and to support our legitimate interests in maintaining and improving our services, understanding how our services are used, optimizing our marketing and advertising services, customer service and support, and protecting and securing our visitors, our clients, ourselves and our Services. We need to use and disclose your personal information in certain ways to comply with our legal obligations. We are collecting and using our cookies and sending marketing and promotion messages based on your active consent. By expressing your consent, you agree that we may collect, use, disclose, process and transfer your personal information, in accordance with this Privacy Policy.

  1. How long do we keep collected information?

Your information will only be processed to the extent necessary and stored for no longer than is necessary. We will keep your personal information as long as you are our client and use our services that you have requested on the Website, following the request to delete the same then it is deleted immediately by The Company, to the extent that it is not legally obligated to retain the same. We may store some data in an aggregated form so that it cannot reasonably be manipulated to identify users.

Under certain circumstance, we may retain your personal information for a longer time, even after you have opted out, if retention is necessary to comply with legal obligations, regulatory, tax, insurance and other requirements in the places in which it operates. The Company may also retain certain information if necessary, for its legitimate business interests, such as fraud prevention or abuse, and enhancing Users’ safety and security. For example, if The Company shuts down a User Account because of unsafe behaviour or security incidents, The Company may retain certain information about that account to prevent that User from opening a new User Account in the future.

You may request deletion of your User Account at any time by contacting privacy@heavygear.shop. Following such a request, The Company deletes the information that it is not required to retain for the Website, however, deletion of your User Account will result in automatic termination of your access to the Website. In certain circumstances, The Company may be unable to delete your User Account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, The Company will delete your User Account as described above.

  1. How do we protect the information?

The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information from loss, misuse, and unauthorized access or disclosure. We limit access to personal information to employees who we believe reasonably need to retrieve that information to provide our services. Considering the current state of technology, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect your personal information.

No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. While we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

  1. How do we share and disclose the information?

In order to support our operations, we rely on several third-party service providers, to help us with various services such as payment processing, web audience analysis, cloud hosting, marketing, and communication, etc.

Our users should know that these third parties have access to personal information to help us and them perform the above-mentioned services. However, they are subject to strict contractual confidentiality obligations equivalent as it would receive under data privacy laws and are required not to disclose or use the information for any purpose other than providing our services.

We may transfer personal information to them, to the extent that this is necessary, to the following categories of recipients: contract partners, subcontractors, IT service providers, software or hardware vendors, payment providers, market research companies, advertising and marketing companies, public authorities, court or arbitral tribunals, as well as competent authorities to investigate criminal offenses.

Payment information may be shared with our third-party service providers or other financial institution, exclusively for the purposes of facilitating payments, including unique account reference numbers, for the items purchased through the Website.

These third parties can be within European Union and/or European Economic Area. If they are located outside the European Union and the European Economic Area, including countries that are not recognized by the European Commission as providing an adequate level of protection, the transfer of personal information shall be made only if adequate safeguards are in place, in accordance with applicable law. For that, we rely on several safeguards, such as standard contractual clauses issued by the European Commission. Upon request, you can receive from us a list of third parties from third countries, as well as a copy of the agreed provisions that ensure an adequate level of protection of personal information.

Should the website be accessed from any 3rd party site your personal information may be used with targeted advertisements and marketing information to market and advertise products and services which may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative (“NAI”) educational page at http://www.networkadvertising.or/understanding-online-advertising/how-does-it-work.

  1. Do we collect Children’s and adolescent’s information?

Our services are not intended for children or adolescents under the age of 18. We do not want nor is our intention to solicit and knowingly collect personal information for this type of audience.

If you are under the age of 18, you may not attempt to register for an User Account or send any personal information about yourself to us. In the event that we confirm that we have collected personal information from a child or adolescent under the age of 18 without verification of parental consent, we will delete that information as soon as possible. If you believe that we might have any information from or about a child or adolescent under the age of 18, please contact us immediately at privacy@heavygear.shop.

  1. Which are your right towards collected information?

Under the applicable law, you have certain rights in respect of the information that we hold about you, including:

  • Your rights under General Data Protection Regulation (GDPR)

Right of access: You have the right to obtain confirmation as to whether your personal information is processed by us, as well as information on the specific nature of the processing.

Right to rectification: You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.

Right to erasure (right to be forgotten): You have the right to request the erasure of your personal information, under certain conditions.

Right to restriction of processing: You have the right to request the restriction of processing your personal information, under certain conditions.

Right to data portability: You have the right to receive your personal information in a structured, commonly used, and machine-readable format and to transmit them to another controller, under certain conditions.

Right to object: You have the right to object to processing your personal information by us, under certain conditions.

Right to oppose to receiving marketing messages: You have the right to oppose the processing of your personal information with the purpose of sending marketing and promotion messages.

Withdrawal of consent: As far as we are processing your personal information based on your consent, you may at any time revoke or change your consent, free of charge, without affecting the consent-based processing of your personal information before its withdrawal. The personal information collected on your consent will be kept until its withdrawal.

Right to lodge a complaint with a supervisory authority: If you believe that your data protection and privacy rights have been infringed by us in any way, you may contact the relevant Data Protection Supervisory Authority in your place of residence.

  • Your rights under California Consumer Privacy Act (CCPA)

Right of access: You have the right to request access to and/or a copy of your personal information we hold on you.

Right to opt-out: You have the right, at any time, to direct a business that sells personal information about you to third parties not to sell your personal information. We do not engage, nor we will engage in selling your personal information.

Right to erasure (right to be forgotten): You have the right to request the erasure of your personal information, under certain conditions.

Right to equal services and prices: You have the right to not be discriminate because you have exercised any of your rights under CCPA, including, but not limited to denying good or services, charging different prices or rates, providing a different level or quality of goods or services. We will never discriminate against you for the exercise of your rights.

Right to oppose to receiving marketing messages: You have the right to oppose the processing of your personal information with the purpose of sending marketing and promotion messages.

  1. Do not track

Please note that we do not alter the website’s data collection and use practices when we see a Do Not Track signal from your browser.

  1. Changes to Our Privacy Policy

We have the right to change and update this Privacy Policy from time to time. Accordingly, we urge our users to review this page periodically to stay updated with any changes. In any case, continued use of our website and platform means that you agree to any updates or changes to this Privacy Policy. Any changes to this Privacy Policy will be effective upon posting on the website, except the changes where your consent is expressly needed, which case the changes will apply from the date of your consent.

We may also notify you at our discretion by email with a service-related message.

  1. How to contact us?

If you have any questions or suggestions regarding our Privacy Policy, the information we hold on you, or you would like to exercise one of your above data protection rights, you can contact us free of charge at privacy@heavygear.shop. We will respond to your request as soon as possible, but not later than 30 days.