– Privacy Policy Updated: October 7, 2019

Down Etc LLC (“Down Etc”, “we”, “our”) respects your privacy. 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 (“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.

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, including:

• 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 orders, such as any wishlist information you enter and order details;
• Information necessary to process and ship your Site orders, such as shipping address, billing address, and credit card information;
• Information that you voluntarily enter or provide to us, such as phone number, comments, or reviews;
• Information that is ascertained through our use of third-party applications, such as your Site usage, user behavior, and trends; and
• Information about your internet connection, the equipment you use to access the Site, and usage details.

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.

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 analyze visitor 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.

Second, we use information that you provide to us for the reasons you intend when you provide the information – creating your Site account to process and save your orders, sending you newsletters, and processing and shipping your Site orders and returns. 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.

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.

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.

Do Not Track Settings

The Site collects browsing data and sets first-party session cookies in order for the Site to function. In addition, third-party tracking cookies may be stored on the user’s browser and we do not control how these cookies react to Do Not Track settings. If you have a Do Not Track setting in place on your browser, the Site will honor these settings but some services and functionalities on the Site may be more limited.

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 Mailchimp® or dotdigital for our newsletters and PayPal to process order payments.
• 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.

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.

Choices About How We Use and Disclose Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company 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 the Company as a result of a registration, product service experience or other transactions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

The Security of Your Information

We work diligently to protect the security of your personal information, including credit card information and login information, by using encrypted connections (SSH/HTTPS) during transmission and secure FTP connections for accessing Site files. The Site is hosted on Magento Cloud and directory indexing helps to hide the obvious pathways via which the files of the Site are stored. Additionally, Magento has strengthened the hashing algorithms (SHA-256) used in password management, and you always have the option to update your account password through the Site. Magento is GDPR-compliant and it is bound to abide by these requirements in its agreement with us here. It is important for you to protect against unauthorized access to your password and to your customer account by ensuring that you logoff when you have finished visiting our Site.

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.

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. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.

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).

Cookies

Cookies are small pieces of information that are stored in a browser-related file on your computer's hard drive when you visit our Site. We use cookies to improve your experience, for instance, by allowing you to login without typing the registered email address or registration number and password. We also use them to deliver information and fresh content specific to your interests. Cookies are widely used on most major sites.

Protecting the privacy of the young is especially important to us. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our Site is intended for use by those under 13.

If you are based in the EAA you may only use the Site if you are over the age at which you can provide consent to data processing under the laws of your country.

Updates to our Information Practices

From time to time, we make changes to our information practices or alter the functionality of our Site. We will update this statement 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

If you have any questions about our privacy policies or any other matter, please contact us at info@downetc.com.