Last Modified 11/16/2017
We, Smith & Cult, LLC (collectively, "SMITH & CULT", "we", "us", or "our") are committed to protecting and respecting your privacy.
This policy (together with our Terms & Conditions and any other documents referred to herein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
This policy applies to information we collect:
- On SMITH & CULT's website (www.smithandcult.com) (the "Site");
- In email, text, and other electronic messages between you and SMITH & CULT or our Site; and
- When you interact with our advertising and applications on third-party websites and services.
This policy does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by any third party
(including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on our Site.
- Information by which you may be personally identified, such as name, postal address, e-mail address,
telephone number or ANY OTHER INFORMATION THE SITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY
IDENTIFIABLE INFORMATION UNDER ANY APPLICABLE LAW ("Personal Information");
- Details of transactions you carry out through our Site and of the fulfilment of your orders;
- Information that is about you but individually does not identify you;
- Information about your internet connection, the equipment you use to access our Site and usage details; and
- Any other information you may choose to submit to the site via comment or email.
We collect this information:
- Directly from you when you provide it to us;
- Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; advertising
- From third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Site may include:
- Information that you provide by filling in forms on our Site, including information provided at the time of
registering to use our Site, subscribing to our email service, participating in an event, contest, or
promotion, or requesting further services;
- Information we request when you report a problem with our Site, or any of our product offerings;
- Records of correspondence between you and SMITH & CULT;
- Details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access; and
- Details regarding other people, including email information and names of recipients of gifts purchased through the Site.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our 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, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site;
- Information about your computer and internet connection, including your IP address, operating system, and browser type;
- Information about your mobile device and network, including the hardware model, operating system and version, unique device identifiers, and information about your use of our Site. To facilitate your use of certain Site features, we may request your permission to collect information about the location of your device and access information from certain native applications on your device.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize our Site according to your individual interests;
- Speed up your searches; and
- Recognize you when you return to our Site.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile
device. You may refuse to accept browser cookies by activating the appropriate setting on your browser.
However, if you select this setting you may be unable to access certain parts of our Site. Unless you have
your browser to our Site.
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our Site (and our emails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that help deliver cookies and permit the Company, for example, to count users who have visited those pages (or opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
HOW WE USE YOUR INFORMATION
We may use information that we collect about you or that you provide to us:
- To present or improve our Site and its contents to you;
- To provide you with information or products that you request from us or which we feel may interest you;
- To respond to your comment or questions, and provide you with customer service;
- To monitor Site trends and activities;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To notify you about changes to our Site or any products we offer or provide through it; and
- Towards any other purpose for which the information is collected.
Where We Store Your Data
How Long We Store Your Data
Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes and to comply with the law. We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.
Who We Share Your Information With
- To our subsidiaries and affiliates;
- To contractors, service providers, and other third parties we use to support our business;
- Provide our customer list, and the personal and/or delivery information contained therein, to third parties who may, in our estimation, offer products of interest to you;
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- If we believe that you are breaching the SMITH & CULT Terms and Conditions or other policies, or if disclosure is necessary or appropriate to protect the rights, property, or safety of SMITH & CULT, our customers, or others;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SMITH & CULT's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SMITH & CULT about our customers is among the assets transferred; or
- With your consent.
We may disclose information about identifiable individuals to our advertisers, or provide them with aggregate information about our users (for example, we may inform them that 700 women under the age of 25 have clicked on their advertisement on any given day). We may also use such aggregate information to help our advertisers display their advertisement to their target audience.
SMITH & CULT strives 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:
- To request access to all the personal information we hold, you can call 1(855)768-4258 to speak with an SMITH & CULT representative or email [email protected] may decline aspects of deletion requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes.
- To update or correct personal information relating to your account, you can log into your account or call 1(855)768-4258 to speak with an SMITH & CULT representative or email [email protected] We may also decline aspects of deletion requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes.
- To request that your personal information be deleted, you can call 1(855)768-4258 to speak with an SMITH & CULT representative or email [email protected], SMITH & CULT does not have to delete data that it is required to retain by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of other, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes.
- To stop receiving newsletters and promotional e-mails, you can click on the “unsubscribe” link at the bottom of any promotional e-mail that you receive or call 1(855)768-4258 to speak with a representative.
- You can opt out of some, but not all, online behavioral based advertising by using your browser settings to block cookies to notify you when a cookie is set.
You may withdraw consent you previously provided to us or object at any time on legitimate grounds.
Your California Privacy Rights
If you are a California resident under 18 years of age and a registered user of the Site, pursuant to California Civil Code Section § 1798.83 you may request that we remove certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You may request this information once each calendar year. Please note that responding to your request may not ensure complete or comprehensive removal from our Site. To request removal of content or information, please contact us at the address, telephone or email below.
THIRD PARTY USAGE
Third Party Advertisement and Analytic Services
Customized Ad Campaigns. We may also work with third party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way.
Third Party Sites
Our Site may, from time to time, contain links to and from the Sites and/or Apps of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site and App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from our Site. If we become aware and ascertain knowledge that an incident concerning your personal information qualifies as a breach of security leading to the misappropriation or accidental or unlawful alteration, loss, destruction, unauthorized disclosure of, or access to your information transmitted, stored, or otherwise processed by us that jeopardizes the security, confidentiality or integrity of such personal information, we will report such a breach to you as soon as possible by emailing you at the email address you have provided. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
FILING A COMPLAINT
You also have the right to file a complaint with a competent data protection authority if you are a resident of a European Union member state. For contact details of your relevant local Data Protection Authority, please see here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
COMMUNICATING WITH US
Smith & Cult, LLC
3800 NE 1st Ave, 6th floor
Miami, FL 33137