Brand Access Privacy Policy

Effective Date: February 1, 2018

We take the privacy of our Website users very seriously. We ask that you read this Policy carefully as it contains important information about how we will process your personal data.

1. Definitions

In this Policy, the following words have the following meanings:

      “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website together with any and all correspondence between Users and/or us.

      “Account” means an account set up by a User which records data such as your email address, personal information etc. and through which you are able post Content and purchase goods. Depending on the Website, a User may or may not be required to register an Account. An Account can never be transferred to a third party.

      “Contact Form” means the form available at http://www.brandaccess.com/contact/ which may be used to contact Brand Access, LLC to obtain information or for any other reason.

      “Login Details” means your username and password which may or may not be required.

      “Personal Data” means data which relates to a living individual who can be identified from such data.

      “We, us or our” means Brand Access, LLC, a Limited Liability Company established in the State of CA, United States, registered under Federal Tax ID number 81-2601260, Dutch VAT number NL824361222B01, Spanish VAT number N4008909F and whose office is at 900 High St, Palo Alto, CA 94301, USA.

      “Website” has the meaning given at the start of these Terms.

      “You” or the “User” means any individual who accesses and uses the Website. Users may be required to register to use part of the Website by setting up an Account which will permit them to upload, download, edit and/or exchange Content.

2. Identity of Data Controller

We are responsible for processing the personal data acquired through our operation of the Website. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). 

3. Data Processing and Collection

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.

Through our operation of the Website, we are likely to collect personal data relating to Users of the Website which is processed for a number of different purposes as set out in this Policy.

In particular, we are likely to collect personal data:

      when you visit the Website;

      when you use features and/or services offered on the Website;

      if you are required to register, when you create and update your Account; and

      when you contact Brand Access LLC, or other Users of the Website.

However this data is collected, we are committed to only processing this data strictly in accordance with our obligations pursuant to the known legal requirements (as amended from time to time) and applicable laws. We will also endeavor to provide you with details as to our data processing purposes, to identify the individuals responsible for such processing and to provide you details of your statutory rights to access, amend and delete your data as appropriate.

Where necessary, we will seek to obtain your consent prior to the processing of personal data and/or allow you to object to such processing.

We shall only collect personal data that is adequate, relevant and not excessive to the data processing purposes.

The personal data that may be collected and processed by Brand Access LLC to achieve its data processing purposes includes:

      contact Information such as name, email address, residential address and phone number;

      unique identifiers such as your Login Details;

      data relating to previous transaction history such as account and order details;

      location information such as your actual or approximate location through your IP address;

      details given in respect of our contests, lotteries and any promotions hosted via the Website;

      billing information such as credit card number and billing address. Please note that credit card details are deleted following the conclusion of each transaction, i.e. when money is received in full, save when retention is permitted in accordance with applicable laws or in the event of a dispute;

      details of processed invoices including any discounts granted and any unpaid bills; and

      geographical details.

4. Purposes of Data Processing

We may use the information we collect about you to:

      ensure the Website functions correctly and allow us to improve our services and features;

      administer User’s Accounts (if applicable);

      respond to User’s service requests, questions and concerns;

      comply with any subject access requests we may receive from Users to access their data for the sake of rectification and/or to oppose the processing of such data;

      in the event of a dispute or legal proceedings;

      conduct research and analysis to improve the operation of the Website and the quality of services;

      administer promotions and sweepstakes you may enter; and

      send promotional materials including but not limited to:

      updates and newsletters about our partners or related special offers;

      requested information about products or services;

      a one-time email or e-card to your friends, at your request, when you provide their email addresses; or

      upcoming promotions and sweepstakes and the results of such events (as applicable).

We also may collect geographical data about you in order to improve our services and User interactivity with the Website.

We may use your personal data as necessary to comply with our legal or regulatory requirements. Your personal data will not be processed in any manner that is incompatible with the purposes listed in this section.

In all circumstances and for all personal data collected, we undertake that we will only process your personal data in accordance with the known legal requirements (as amended from time to time) and subject to our registration with the Information Commissioner’s Office.

5. Consent

If you are required to register an Account with the Website, it will be necessary for you to provide certain details and personal data.

By voluntarily providing such personal data and through your continued browsing of the Website, you consent to that data being collected and processed by us for the purposes set out in this policy.

We will not send you marketing or promotional materials unless we have received your express confirmation that you would like to receive such information.

6. Access to Personal Data

Only certain individuals will have access to your personal data as listed below:

      our representatives and affiliates;

      our employees who are involved in managing the client relationship and ensuring the functionality of our Website services, for example processing orders and arranging deliveries;

      business partners who have contracted with us and agreed similar data protection obligations;

      our commercial, financial and advertising partners;

      any organizations or individuals who we may engage in the event of a dispute or legal proceedings;

      administrative, public, or judicial authorities who are permitted by lawful requests to receive such data including to meet national security or law enforcement requirements;

      reputable third parties in whose products or services Brand Access, LLC thinks you may have an interest (with your consent);

      in connection with a corporate change including a merger, acquisition or sale of assets to any other third party, (with your consent).

Your personal data is not transferred, sold or accessible by any persons other than those listed above and we have liability in cases of onward transfers to third parties.

Our Sites may offer different methods for updating your personal information. To review and update your personal information on stores, please log in to your profile/account on each Site where you have registered.

To update your billing or shipping information for purchases, please follow the customer service instructions in your order confirmation email.

If you wish to cancel or delete your account or request that we no longer use your information to provide you services contact us by clicking here. We will respond to your request within 30 business days. 

7. Data Retention

We shall not keep your personal data for longer than is necessary to fulfil our data processing purposes.

We will not record or store credit card details or details of any other form of payment once the transaction has been carried out, save in the event of dispute. We will never store your security code.

8. Data Connection and Cookies

We collect information about your connection to the Website, for example what page you are viewing and at what time.

We also use cookies whenever you visit the Website. The details of which cookies we use and how we use them is set out in our Cookies Policy which is available at https://www.shopify.com/legal/cookies 

9. Social Networks

Through your use of the Website, it may be possible to share Content directly onto third party social media websites such as Facebook or Twitter. When you access these external websites, please be aware that their privacy practices may differ from our own and any personal data you submit through these websites will be governed by their respective privacy policies. We therefore encourage you to carefully read the privacy policy of any external website you visit and/or post data on, notwithstanding that you accessed the external website through our Website.

10. Security and Confidentiality

We are committed to taking appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage to personal data.

These measures include equipment and information security, access security and training of our employees who are required to process personal data about this Policy and the appropriate processing of personal data.

11. Transfer outside the EU

Information about European Union and Switzerland residents may be sent to the U.S., where it is processed in accordance with this Privacy Policy and our Cookie Policy, the EU-U.S. Privacy Shield (in the case of EU residents) and the Swiss-U.S. Privacy Shield Framework (in the case of Switzerland residents).  
Brand Access, LLC complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  Brand Access, LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit  https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Brand Access, LLC commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Brand Access at: privacy@brandaccess.com. 

Brand Access, LLC has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

12. 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 a 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.

13. Tracking Technologies

We and our third party partners may automatically collect information as you browse our Site(s) such as the domain name, Internet Service Provider, browser type and version, mobile device ID, operating system and device type, average time spent on our Site(s), pages viewed, information accessed, the Internet Protocol (IP) address you use to connect to the Internet and related geographical information about your computer or mobile device. Such information is sometimes referred to as web analytics and/or clickstream data.

We and our third party partners use cookies and other technologies such as web beacons to keep track of your visits, preferences and profile information. This information is used to make our Site(s) easier to use, improve our advertising, and to provide you with a more personal and convenient experience. For example, we may use this information to store some of your preferences or to provide you with tailored advertisements related to your specific interests. Additionally, should you choose to enroll, we and our third party partners may use this information to allow you to participate in one of our fan rewards programs. To learn more about the use of cookies in online advertising, including how to manage or delete them click here.

We and some of our third party partners use Flash cookies to store some of your preferences or personal information. For more information on Flash cookies and how to manage privacy and storage settings click here.

In some of our email messages, we use “click-through URLs” or pixel tags to determine whether the email has been opened and to measure the effectiveness of our customer communications. This data may also be used to gauge your interest in particular topics, so we can deliver a more relevant, personal and convenient user-experience.

14. Your California Privacy Rights

If you are a California resident, California Civil Code Section 1798.83 provides you the right to receive (a) information identifying any third party(ies) to whom we may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. To obtain such information free of charge, please write to us at the address below, or submit your request here. We will respond to these requests within thirty (30) days. Requests that come to us by other means may result in a delayed response.

15. Promotions and Sweepstakes

From time-to-time, we may provide you the opportunity to participate in promotions or sweepstakes (each, a “Promotion”) on our site. Each Promotion may have additional terms and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion. If you participate in a Promotion, as part of the registration process, we may request certain additional personally identifiable information from you. Participation in any Promotion is completely voluntary and when you choose to participate in such a Promotion, you expressly consent to the use of any personal information you submit in accordance with this Privacy Policy and any additional terms applicable to such Promotion. Requested additional information may include contact information (such as name, e-mail address, telephone number and/or shipping address), and demographic information (such as zip code). We use this information to administer the Promotion, notify a winner and distribute any prizes.

We may use a third party service provider to conduct these Promotions.

16. Links to Other Sites

Our Sites includes links to other sites whose privacy practices may differ from those of Brand Access, LLC. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any site you visit.

Children – We do not attempt to collect any personal information from those under the age of 13. If you feel that we have unknowingly collected information from someone under the age of 13, please contact us immediately and this information will be removed.

For more information on how to protect your children online:

Visit www.OnGuardOnline.gov for social networking safety tips for parents and youth.

17. General

We may modify or amend this Policy at any time.

By using the Website, you agree to the terms of this Policy. In the event of a material change to the way in which we collect, use and/or share your personal information, we will update Users by emails or post a notice on the Website. Your continued use of this Website indicates your acceptance of these terms and policies.

Questions About This Privacy Policy

If you have questions or concerns regarding this Privacy Policy, you should first contact Brand Access, LLC. You can contact us about this Privacy Policy as directed below.

Brand Access, LLC, Inc.

900 High Street,

Palo Alto, CA 94301

You can click here to submit feedback online.