Last updated March 27, 2021.
Thank you for choosing to be part of our community at Pacific Tide LLC ("Company," "we," "us," "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this Privacy Policy or our practices with regards to your personal information, please contact us.
When you visit our website www.pacifictideclothing.com (the "Website"), use our mobile application, as the case may be (the "App"), and more generally, use any of our services (the "Services," which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this Privacy Policy, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Services immediately.
This Privacy Policy applies to all information collected through our Services (which, as described above, includes our Website and App), as well as any related services, sales, marketing, or events.
Please read this Privacy Policy carefully as it will help you understand what we do with the information that we collect.
1. What information do we collect?
Personal information you disclose to us:
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and products and features you use. The personal information we collect may include the following:
(1) Personal information provided by you. We collect names, email addresses, billing addresses, mailing addresses, and other similar information.
(2) Payment data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number) and the security code associated with your payment instrument. All payment data is stored by Braintree (a PayPal company). You may find their privacy notice link here.
Information automatically collected:
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain security and operation of our Services and for our internal analytics and reporting purposes. The information we collect includes:
(1) Log and usage data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), and device event information (such as system activity, error reports, and hardware settings).
(2) Device data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
(3) Location data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling the Location setting on your device.
2. How do we use your information?
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive:
(1) To send administrative information to you. We may use your personal information to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
(2) To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
(3) To enforce our terms, conditions, and policies for business purposes, to comply with legal and regulatory requirements, or in connection with our contract.
(4) To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
(5) Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
(6) Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
(7) To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
(8) To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
(9) To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing, or otherwise contacting us, we will collect personal information from you. You can opt out of our marketing emails at any time.
(10) Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
3. Will your information be shared with anyone?
We may process or share your data that we hold based on the following legal basis:
(1) Consent. We may process your data if you have given us specific consent to use your information for a specific purpose.
(2) Legitimate interests. We may process your data when it is reasonably necessary to achieve our legitimate business interests.
(3) Performance of a contract. Where we have entered into a contract with you, we may process your information to fulfill the terms of our contract.
(4) Legal obligations. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
(5) Vital interests. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
(1) Business transfers. We may share your information or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. How long do we keep your information?
We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this Privacy Policy will require us keeping your personal information for longer than 90 days.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information 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.
5. How do we keep your information safe?
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
6. Controls for Do-Not-Track features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice to not be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
7. Do California residents have specific privacy rights?
California Civil Code Section 1798.83, also known as the "Shine the Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) Every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
(1) Identifiers such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
(2) Commercial information such as transaction information, purchase history, financial details, and payment information.
(3) Internet or other similar network activity such as online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements.
(4) Geolocation data such as device location.
We may also collect other personal information outside of these categories such as instances where you interact with us in-person, online, or by phone or mail in the context of:
(1) Receiving help through our customer support channels;
(2) Participation in customer surveys or contests; and
(3) Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this Privacy Policy.
You may contact us by email at [email protected] or by visiting our contact page.
If you are using an authorized agent to exercise your right to opt out, we may deny the request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.
Pacific Tide LLC has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Pacific Tide LLC will not sell personal information in the future belonging to website visitors, users, and other consumers.
Your rights with respect to your personal data:
Right to request deletion of the data - Request to delete. You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete it, subject to certain exceptions provided by law such as (but not limited to): the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed - Request to know. Depending on the circumstances, you have a right to know: (a) whether we collect and use your personal information; (b) the categories of personal information that we collect; (c) the purposes for which the collected personal information is used; (d) whether we sell your personal information to third parties; (e) the categories of personal information we sold or disclosed for a business purpose; (f) the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and (g) the business or commercial purpose for collecting or selling personal information. In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify the individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights. We will not discriminate against you if you exercise your privacy rights.
Verification process. Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. email or phone) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally-provided information as soon as we finish verifying you.
Other privacy rights. You may (a) object to the processing of your personal data; (b) request correction of your personal data if it is incorrect or no longer relevant or ask to restrict the processing of the data; (c) designate an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA; and (d) request to opt out from future selling of your personal information to third parties. Upon receiving a request to opt out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at [email protected] or by visiting our contact page. If you have a complaint about how we handle your data, we would like to hear from you.
8. Do we make updates to this policy?
We may update this Privacy Policy from time to time. The updated version will be indicated by an updated date, and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.
9. How can you review, update, or delete the data we collect from you?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us. We will respond to your request within 30 days.