INFORMATION WE COLLECT
Information you provide: When you complete a transaction through the Site, we collect some “Personal Information” (that is, any information that can be directly associated with you), such as your name, title, email address, phone number, address, billing information and other similar information. You may also provide us with certain Personal Information of other people (e.g., if you are sending a gift to someone else).
Device Identifiers: When you access the Site by or through a device, we may access, collect, monitor and/or remotely store one or more “device identifiers”. Device identifiers allow us to uniquely identify your device and are used to enhance the Service (including sending updates and information from the Service). A device identifier does not collect or share any other personally identifiable information about you. A device identifier may also be used in conjunction with other Personal Information.
Analytics: When you access our Site, we may collect information (either directly or using third party services) using logging and cookies which can sometimes be correlated with Personal Information. We use this information to monitor and analyze use and interest in the Site. See the section on “Service Providers” for more detail in this respect.
USE OF INFORMATION
Noots uses information that Noots collects for the purpose of fulfilling Noots's contractual obligations to you, in furtherance of our legitimate interests in operating our Site and business and/or where you have consented to such usage. We may also provide your name, mailing address and other Personal Information, including purchase history, to a third party data warehouse that may then provide such information to other companies.
More specifically, Noots uses Personal Information:
To provide, update, maintain and protect our Site and business. This includes use of Personal Information to support delivery of the Site, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at your request. Noots may use your email address or phone number to send you notices (including any notices required by law, in lieu of communication by postal mail). If you correspond with Noots by email, Noots may retain the content of your email messages, your email address and our responses.
As required by applicable law, legal process or regulation. Noots may in certain instances be compelled by law to process your Personal Information in order to comply with a binding order. Noots will only do so to the extent reasonably required by that order.
To communicate with you by responding to your requests, comments and questions. If you contact Noots, Noots may use your Personal Information to respond.
For billing, account management and other administrative matters. We may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
To investigate and help prevent security issues and abuse.
INFORMATION SHARING AND DISCLOSURE
Noots may sell, rent, trade, transfer and/or disclose your Personal Information to or with third parties in order to provide the services or products requested by you, and under the following circumstances:
- Noots shares certain Personal Information with its shipping company, credit card processing company, payment service provider (such as Stripe), email service provider and other third parties necessary in order to fulfill an order placed on our Site. These third parties are prohibited from using your Personal Information for promotional purposes.
- Noots may share Personal Information and other information we collect with our Service Providers and other third parties in connection with our marketing and business development efforts.
- Noots may sell Personal Information to third parties for incorporation into larger databases used for marketing purposes by other third parties, including for such other third parties’ direct marketing to you.
- Noots shares non-Personal Information for purposes of better understanding the usage of the Site by Users and improving on that experience.
- Noots may transfer Personal Information 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Noots about Noots’s Users is among the assets transferred.
All information voluntarily shared by you through forums, comments, reviews, or blog posts is publicly available and your username may be visible by other Users. Noots is not responsible for any information you submit that can be read by other Users and can be used to send you unsolicited information by other Users.
Noots might, from time to time, choose to post certain Personal Information about a User for promotional or Site purposes; prior to posting said information, Noots will obtain the User’s consent via email.
RETENTION OF DATA
Noots will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
TRANSFER OF DATA
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.
YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Noots aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.
If you wish to be informed about what Personal Information we hold about you, and/or if you want it to be removed from our systems, please contact us using the contact information set out below.
In certain circumstances, where we act as Data Controller (as defined in the GDPR), you have the following data protection rights:
- Request access to your Personal Information (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Information we hold about you where we are the data controller and to check that we are lawfully processing it.
- Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
- Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons, which will be explained to you, if applicable, at the time of your request.
- Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information's accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
If you wish to exercise any of the rights set out above, please contact us using the contact details below.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure designed to ensure that Personal Information is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up our response.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. We do not disclose Personal Information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
Our Service is not intended for anyone under the age of 18.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.
PROTECTING YOUR INFORMATION
Noots implements security measures designed to maintain the security of your Personal Information. These security measures are implemented both during transmission of Personal Information and once received. The security of your Personal Information is important to us. Certain sensitive information submitted, such as credit card information, is encrypted using secure layer technology (SSL). However, no method of safeguarding information is completely secure. While we use measures designed to protect Personal Information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Site is or will be secure.
In some instances the Site might contain links to other sites. When you access these other sites, you are leaving the Site. Noots is not responsible or liable for activities on, security or privacy practices of, or content on third party sites. We encourage you to read the privacy statements posted on each such third party site.
Noots may use third-party advertising companies to serve or track ads on our Site and other sites. Third-party advertising companies may use non-Personal Information about your visits to this Site or other sites, collected through cookies, pixel tags and other tracking technologies, in order to provide advertising that may be of interest to you and measure advertising effectiveness.
We may employ third party companies and individuals (“Service Providers”) to facilitate the Site and our provision of products and services through the Site (collectively, the “Service”), to provide the Service on our behalf, to perform services related to the Site (as discussed above), to assist us in analyzing how our Service is used, and to assist us with business development and marketing efforts related to the Service. These third parties may have access to your Personal Information only to perform these tasks on our behalf.
You may opt out of receiving marketing or other communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received, or by contacting us using the contact information provided below. If you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email. Note that, even if you opt out of receiving marketing communications from Noots, we will still send you order confirmations and other non-marketing related messages.
This policy was last modified June 25, 2020.