Updated and effective as of Oct 26, 2020
This Policy contains details about how we collect and use information from you when you use the Site.
This Policy covers only the Site. Other 8.28 Boutique sites and other online locations may have their own privacy policies, and you should consult those accordingly.
Your continued use of the Site after any changes are made to this Policy constitutes your acceptance of the changes. If any of the changes are unacceptable to you, you should cease using the Site.
If any changes to this Policy affect how we treat or handle information already provided by you to 8.28 Boutique, we will notify you by email (if 8.28 Boutique has a valid email address to use) and give you thirty (30) days to opt-in to the changes as they pertain to your information. If you do not opt-in, your information will continue to be used in a manner that is consistent with the version of this Policy under which it was collected, or the information will be deleted.
Collection and Use of Information
8.28 Boutique may collect and store any information you submit or upload through the Site, whether through your account registration, purchasing a product, uploading of user content, posting of comments, or otherwise. This information may include, but is not limited to, your name, email address, contact information, personal preferences, payment information, or any other information submitted by you or any user through the Site. 8.28 Boutique may also collect and store passive information about your use of the Site as discussed herein. We may use the collected information or data described herein, individually or in the aggregate, for any lawful purpose. 8.28 Boutique may use your submitted information to contact you, via regular mail, email, text message, telephone, or otherwise, regarding your account, the Site, your purchased products, or other relevant or promotional information or offers as determined by 8.28 Boutique or its partners. By submitting your contact information to 8.28 Boutique or 8.28 Boutique' partners, you consent to receiving such communications.
Personally identifiable information ("PII") is generally defined as information that may be able to identify you such as, but not limited to, name, address, telephone number, email address, birthday, credit card number, photograph, age, etc.
There are areas on the Site where you may be asked to provide 8.28 Boutique with PII. PII such as name, mailing address, email address, phone number, credit card number, and birthday may be collected from you when you visit and/or interact with the Site, such as when you:
- order products or services through the Site;
- complete and submit any form through the Site;
- register for 8.28 Boutique meetings or events;
- contact 8.28 Boutique with questions or comments;
- set up a Site account (e.g., create a user name, password, and an answer to a security question);
- participate in surveys, questionnaires, or contests; and/or
- sign up for 8.28 Boutique's newsletter.
8.28 Boutique may use your PII to:
- provide or deliver to you goods and services through the Site;
- maintain proper business information and records;
- administer Site accounts;
- schedule/administer meetings and events;
- respond to questions or comments;
- process and catalog forms submitted through the Site and responses to surveys or questionnaires;
- enter you in contests and other promotions;
- communicate with you;
- send you 8.28 Boutique newsletters and other updates;
- improve the content and general administration of the Site;
- resolve disputes;
- troubleshoot Site technical issues;
- perform internal operations (e.g., fraud prevention);
- conduct data analysis and testing; and/or
- analyze Site usage and Site activity patterns and trends.
- store and track information about you;
- remind us of who you are when you access your Site account information and/or use Site services in order to deliver to you a more personalized service;
- measure your Site visiting patterns in the aggregate in order to build higher quality online services by performing statistical analyses of the collective characteristics and behavior of our visitors, such as how long and how often users view certain pages;
- determine your clickstream to the Site;
- better personalize the Site content;
- collect IP addresses and log-in information for system administration;
- automatically share some information with Google Analytics and/or other analytics programs to analyze a broad range of information (the analytics are exclusively for our internal use to better manage the Site experience for our visitors and evaluate advertising strategies and tactics); and
- to assist us in delivering the highest quality of Site services that is possible.
All pages on the Site where you are prompted to login or that are customizable may require you to accept cookies. You may be able to delete the cookies by consulting your browser and/or computer instructions. Please note that any deletion of cookies could affect how the Site appears and/or operates for you.
8.28 Boutique uses third-party tools to track its online marketing campaigns and efforts. These tools provide information on, but it is not limited to, analytics and details on search engine keywords, search queries, and the tracking of clicks to the Site. While these tools should not directly collect obvious PII, it does collect analytical information that could be tied to a specific user such as general geographic location, browser type, mobile phone details. 8.28 Boutique only uses this information internally to track its online marketing campaigns and efforts.
We use third-party tags and tracking pixels. For example, we use Pinterest's tag, which is a conversion tracking pixel, to help us optimize your user experience on Pinterest. We use other third-party tags and tracking pixels to help us optimize your user experience on certain third-party websites.
Additionally, 8.28 Boutique may collect and save browsing and data log information linked to your use of the Site. We may link this information to PII we have collected about you.
By providing to 8.28 Boutique the PII and other information referenced above, you agree that 8.28 Boutique may use the PII and other information in accordance with the terms of this Policy.
Sharing of PII and Other Information
Except as noted herein, 8.28 Boutique does not sell or share your PII with any person or entity outside of 8.28 Boutique. If a third party vendor or service provider directly collects PII through the Site, that is addressed in the above "Collection and Use of Information" section.
The Site may integrate with social media sites/services which let you share actions you take on the Site with other sites, apps, or media, and vice versa. Please review the privacy policies of those social media services for more information about how they handle the information you provide to or share through them.
In addition to any other information sharing or disclosure practices described in this Policy, 8.28 Boutique will share certain portions of PII and non-PII with its third party contractors, vendors, and service providers in order to make the Site and Site related services function properly. This may include sharing information with:
- our order processing/fulfillment and credit/debit card processing entities in order to process any orders and credit/debit card payments made through the Site;
- marketing, customer service, survey and mailing/postal vendors to assist us with our business and marketing communications; and
- our email vendor to send you emails on our behalf.
8.28 Boutique may share PII with our subsidiaries and affiliates, joint ventures, or other companies under a common control, in which case we will require these affiliates to honor this Policy.
8.28 Boutique will disclose your PII if it reasonably believes it is required to do so by law or in cooperation with a governmental or law enforcement investigation. 8.28 Boutique may also share PII or other information in order to avoid imminent physical harm to any person or harm to any 8.28 Boutique rights or property (including, without limitation, in the event of a transfer of control of 8.28 Boutique or substantially all of its assets).
8.28 Boutique may share your PII with a third party if 8.28 Boutique ownership status changes, such as it being acquired. If our company or our assets are acquired by another company, that company will possess the PII collected by us and it will assume the rights and obligations regarding your PII as described in this Policy.
Other than what is referenced above, the PII collected from you is not shared with nor sold to any person or entity outside of 8.28 Boutique.
Review of Collected PII/Other Choices
If you would like to review, edit, or delete any of the PII 8.28 Boutique collected from you, or wish 8.28 Boutique to cease using your PII in the manners specified in this Policy, please contact 8.28 Boutique at email@example.com. 8.28 Boutique will do its best to accommodate your request, but 8.28 Boutique cannot guarantee it can remove all PII from the specified uses. Therefore, please be as specific as possible in your request. If the request relates to information that 8.28 Boutique needs to make the Site function properly for you, you may not be able to properly use the Site moving forward.
8.28 Boutique reserves the right to maintain proper business records as required by law, or for other legitimate business purposes to the extent allowed by law, even if such records contain your PII.
If you would like to opt out of receiving further promotional emails from 8.28 Boutique, please follow the opt-out instructions at the bottom of the email or send 8.28 Boutique a detailed email to firstname.lastname@example.org
8.28 Boutique does not knowingly collect any information from minors, nor is the Site directed at or intended for minors. If a minor uploads/posts information to the Site that is publicly available, and the minor subsequently wants that same information deleted, the minor has a right to request that said information be removed from public viewing. Any removal of content by 8.28 Boutique does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content.
As described above, we use PII to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by changing your personal settings:
- Google - https://www.google.com/settings/ads/anonymous
- Bing - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- Facebook - https://www.facebook.com/settings/?tab=ads>
- Pinterest - https://www.pinterest.com/?next=/settings/
Data Security and Retention
If you are concerned about sending information to 8.28 Boutique over the Internet, please send the information by mail or call us to make other arrangements. 8.28 Boutique is not responsible for the security of information sent over the Internet.
8.28 Boutique retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. 8.28 Boutique will also retain collected information connected to business records for periods of time required by law. If 8.28 Boutique determines that collected information is no longer needed, it will delete such information. Our collection times will be consistent with applicable law.
The Site is intended for individuals 18 years of age and older located in the United States.
The Site is not directed at, marketed to, nor intended for, children under 13 years of age. 8.28 Boutique does not knowingly collect any information, including PII, from children under 13 years of age. If 8.28 Boutique learns that any information was provided through the Site by a person younger than 13 years of age, 8.28 Boutique will delete the information immediately.
8.28 Boutique will not use a minor's PII to market or advertise certain products or services deemed harmful to children. 8.28 Boutique also will not disclose any minor's PII if it has actual knowledge that the minor's PII will be used for the purpose of marketing or advertising the harmful products or services.
Your California Privacy Rights
If you are a California resident, California law provides you with a number of rights in relation to your personal information. We will not discriminate against any consumer exercising any of these rights. If you are a resident of the State of California, you have the following rights:
- The Right to Know. You have a right to know what categories and specific pieces of personal information have been collected about you. You also have a right to know the categories of sources from which we have obtained this personal information. You have the right to know our business and/or commercial purposes for collecting, using, or disclosing your personal information. Finally, you have the right to know the categories of third parties with whom we share this information, and the categories of information we have so shared for a business purpose.
- The Right to Specific Information. You have a right to receive a copy of the specific personal information we have collected about you.
- The Right to Delete. You have a right to have your collected personal information deleted, subject to certain exceptions provided by California law.
Assertion of these rights requires a verified request from you. To make requests, or if you have a question regarding our privacy practices, please contact us at email@example.com or the address listed below:
Address for California Privacy Requests
Attn: Your California Privacy Rights
5635 W Las Positas Blvd, Suite 409,
Pleasanton, CA 94588
Please include your name, street address, city, state, and zip code (your street address is optional if you wish to receive a response to your request via email). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Your Nevada Privacy Rights
Nevada law (SB 220) permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then resell or license the sold information. 8.28 Boutique does not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by email to firstname.lastname@example.org. Make sure to state that you are a Nevada resident.
The Site is meant for individuals within the United States. If you provide information to 8.28 Boutique from outside of the United States, you do so at your own risk.If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.
If you are outside of the United States, you are responsible for complying with any local laws regarding use of the Site, and related data collection. You also agree and acknowledge that by providing any information, including PII, through the Site, that such information will be transmitted to, processed in, and stored in, Canada and the United States.
The Site may contain links to external sites, including those embedded in third party advertisements or sponsor information, that are not controlled by 8.28 Boutique. 8.28 Boutique is not responsible for the privacy practices and data collection policies for such third party sites. You should consult the privacy policies of those sites for details.
8.28 Boutique may also allow interaction between the Site and other sites or mobile applications such as Facebook or other social media providers. This may include the "Like" button or other plugins available through the Site that allow you to share information with persons outside of the Site. Please consult the privacy policies of those third party providers before using them to make sure you are comfortable with the level of sharing.
If you choose to share your PII with any third parties, you are responsible for all actions they take with your PII.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Atlanta , Georgia before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bluegrass Belts’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If you have any questions regarding this Policy, please contact 8.28 Boutique at:
PHONE: +1(863) 224-5150
P.O. Box 2898
Lakeland, FL 33806
It is the policy of 8.28 Boutique to strictly enforce this Policy. If you believe there has been some violation of this Policy, please contact 8.28 Boutique.