Last updated on July 1, 2022. Effective on July 1, 2022. These privacy policies and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of California, USA. Original terms are only in English. Translation in other languages is only for display at your convenience. We reserve the right, at our sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our shop, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address. If you agree to subscribe to our mailing list, you will receive our latest news and updates. Please use the unsubscribe link at the bottom of our email messages if you are no longer interested in receiving our messages.
SECTION 2 - DEFINITIONS
- SERVICE: the https://www.thatskyshop.com website operated by ThatMemory LLC.
- PERSONAL DATA: data about a living individual who can be identified from that data (or from those and other information either in our possession or likely to come into our possession).
- USAGE DATA: data collected automatically either generated by the use of Service or from the Service infrastructure itself (for example, the duration of a page visit).
- COOKIES: small files stored on your device (computer or mobile device).
- DATA PROCESSORS (OR SERVICE PROVIDERS): means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers to process your data more effectively.
- DATA SUBJECT: is any living individual who is the subject of Personal Data.
- THE USER: is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
SECTION 3 - CONSENT
- How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent or provide you with an opportunity to say "no".
- How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contact us
SECTION 4 - DISCLOSURE
We may disclose personal information that we collect, or you provide:
- 4.1. Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
- 4.2. Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.
- 4.3. Other Cases. We may disclose your information also:
- 4.3.1. to our subsidiaries and affiliates;
- 4.3.2. to contractors, service providers, and other third parties we use to support our business;
- 4.3.3. to fulfill the purpose for which you provide it;
- 4.3.4. for the purpose of including your company’s logo on our website;
- 4.3.5. for any other purpose disclosed by us when you provide the information;
- 4.3.6. with your consent in any other cases;
- 4.3.7. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
SECTION 5 - SHOPIFY
Our shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases, and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that transaction is completed, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
SECTION 6 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us.
For these providers, we recommend that you read their privacy policies to understand how your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our shop, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Third-Party Service we may use:
We may use third-party Service Providers to monitor and analyze the use of your Service.
We may use third-party Service Providers to automate the development process of our Service.
- 6.3. Behavioral Remarketing
We may provide paid products and services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
- 6.5. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.
SECTION 7 - Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR.
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please contact us
In certain circumstances, you have the following data protection rights:
- 7.1. the right to access, update or to delete the information we have on you;
- 7.2. the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
- 7.3. the right to object. You have the right to object to our processing of your Personal Data;
- 7.4. the right of restriction. You have the right to request that we restrict the processing of your personal information;
- 7.5. the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
- 7.6. the right to withdraw consent. You have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
SECTION 8 - Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
According to CalOPPA, we agree to the following:
- 8.1. users can visit our site anonymously;
- 8.4. users can change their personal information by contact us.
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
SECTION 9 - Your Data Protection Rights under the California Consumer Privacy Act (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data, and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
- 9.1. What personal information we have about you. If you make this request, we will return to you:
- 9.1.1. The categories of personal information we have collected about you.
- 9.1.2. The categories of sources from which we collect your personal information.
- 9.1.3. The business or commercial purpose for collecting or selling your personal information.
- 9.1.4. The categories of third parties with whom we share personal information.
- 9.1.5. The specific pieces of personal information we have collected about you.
- 9.1.6. A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
- 9.1.7. A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with. Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
- 9.2. To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, the deletion may be accomplished through the de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
- 9.3. To stop selling your personal information. We don’t sell or rent your personal information to any third party for any purpose. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a“sale” under California law. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
If you submit a request to stop selling your personal information, we will stop making such transfers.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in uncertain programs or membership services that require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) by contact us
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 07/16/2020.
SECTION 10 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 11 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or request more information, please contact us