Privacy Policy
Updated: March 16th, 2023
upinsmokeweldingcom.kinsta.
1-(832) 497-3254
4311 Windy Oaks Drive, Fulshear, Texas, USA, 77441
PURPOSE
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:
- The personal data we will collect;
- Use of collected data;
- Who has access to the data collected;
- The rights of Site users; and
- The Site's cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
CONSENT
By using our Site users agree that they consent to:
- The conditions set out in this Privacy Policy.
LEGAL BASIS FOR PROCESSING
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal basis to collect and process the personal data of users in the EU:
- Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the the personal data necessary to perform a contract the consequences are as follows: We can't fulfill the product order.
PERSONAL DATA WE COLLECT
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:
- IP address;
- Location;
- Clicked links; and
- Content viewed.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
- First and last name;
- Email address;
- Phone number;
- Address; and
- Payment information.
This data may be collected using the following methods:
- For ordering and shipping.
HOW WE USE PERSONAL DATA
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect automatically is used for the following purposes:
- Marketing and strategy decisions.
The data we collect when the user performs certain functions may be used for the following purposes:
- Order fulfillment, customer service, marketing (digital only).
SMS POLICY
We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners, for the purpose of enabling and operating our text messaging program. Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
WHO WE SHARE PERSONAL DATA WITH
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
- If the law requires it;
- If it is required for any legal proceeding;
- To prove or protect our legal rights; and
- To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
HOW LONG WE STORE PERSONAL DATA
User data will be stored for 10 years.
You will be notified if your data is kept for longer than this period.
HOW WE PROTECT YOUR PERSONAL DATA
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees and vendors-both of whom are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's or vendor's termination.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
YOUR RIGHTS AS A USER
Under the GDPR, you have the following rights:
- Right to be informed;
- Right of access;
- Right to rectification;
- Right to erasure;
- Right to restrict processing;
- Right to data portability; and
- Right to object.
CHILDREN
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
HOW TO ACCESS, MODIFY, DELETE, OR CHALLENGE THE DATA COLLECTED
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:
Mackenzie Schurr
1-(832) 497-3254
4311 Windy Oaks Drive, Fulshear, Texas, USA, 77441
DO NOT TRACK NOTICE
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.
HOW TO OPT-OUT OF DATA COLLECTION, USE OR DISCLOSURE
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
- email unsubscribe. You can opt-out by click unsubscribe.
COOKIE POLICY
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
- Analytical cookies
Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc;
- Targeting cookies
Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you; and
- Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:
Monitor user preferences to tailor advertisements around their interests.
MODIFICATIONS
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
COMPLAINTS
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the US or Canada.
CONTACT INFORMATION
If you have any questions, concerns or complaints, you can contact our privacy officer, Mackenzie Schurr, at:
1-(832) 497-3254
4311 Windy Oaks Drive, Fulshear, Texas, USA, 77441
Up In Smoke Welding Apparel takes your privacy seriously and is committed to safeguarding your privacy online. Because we gather certain types of information from visitors to our sites, we have developed a privacy statement to help you understand the terms and conditions surrounding the collection and use of that information. This statement discloses the types of information we gather, how it is used, and how you can gain access to and edit any data that we’ve collected about you at any time.
GUIDING PRINCIPLES
Our agency respects the privacy of individuals who visit our Web sites, send us e-mail, or participate in features/services we offer online. Accordingly, our policy regarding online privacy has been developed using the following guiding principles:
Our agency maintains a strict “no-spam” policy. Subscribers to our e-mail services (or any other feature/service found on our Web site) will not receive unsolicited e-mail messages from us. Our agency collects information online primarily to provide our visitors with a more relevant experience on our sites. When doing so, we will make every reasonable effort to avoid excessive or irrelevant collection of data. Our agency will take reasonable physical, electronic and managerial measures to safeguard and secure any information you provide to us (e.g. data will be stored in protected databases on secured servers with restricted access). Our agency will not share any information you’ve provided to us with anyone without your consent other than to provide the service you’ve requested. At the time you register for any such service, you will be notified of, and asked to consent to, the sharing of your information with any particular third party necessary to the provision of the requested service.
NON-PERSONALLY IDENTIFIABLE DATA
Anytime you visit our Website, we may gather certain non-personally identifiable information regarding the means you use to access our site. This information may include the type and version of your browser, your service provider, your IP address, and any search engine you may have used to locate the site. We use this information to help diagnose problems with our server, administer the Website, and compile broad statistical data. In addition, we gather certain navigational information about where you go on our Websites. This information enables us to determine which areas of the Websites are most frequently visited and helps us to tailor the sites to the needs and interests of our online visitors. Such information is gathered by us in the aggregate and will not be associated with a specific individual without that individual’s consent.
INFORMATION VOLUNTARILY PROVIDED
Any information you provide to us (i.e. name, e-mail address, etc.) when you enroll in one of our E-Mail Reminder Services, request information, or use any of the other interactive portions of our Web sites, is securely maintained on our Web server, and internal systems. This information may be used to provide you with information you’ve requested about our company, our products, and our services or to provide you with special notices. You may opt-out of receiving future communications at any time (see opt-out Procedures below). This data may also be used to tailor your experience on our sites by providing content that is relevant to your interests and geographic region.
INFORMATION COLLECTED FROM OTHER SOURCES
To help us better understand and respond to your needs and interests, we may, in the future, receive information about you from other sources. We will ask any provider of such information to represent and warrant that the information has been gathered and maintained in accordance with all state and federal laws. Any such information will be maintained by us in accordance with the standards set forth in this privacy policy along with other personal information you’ve provided.
DISCLOSURE OF PERSONAL INFORMATION
Our agency understands the importance of your privacy. We collect and maintain the personal information of our consumers for our use and our subsidiaries. We do not sell, rent, or trade consumer information to third parties other than as described below, and never without your consent. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use this website.
COMPLIANCE WITH LAW/SAFETY
Our agency may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Web sites, the sites themselves, or the public.
WITH CONSENT
Other than as set forth in this Privacy Policy, you will be notified when any personally-identifiable information about you may be shared with third parties, and you will be given the opportunity to decline to share that information.
USE OF COOKIES
Our agency may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Our agency uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to our Web sites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Web sites. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As our Websites have been designed to take advantage of the use of cookies. Should you configure your browser to decline their use, certain features of our Websites may not function correctly and you may be required to renter any user IDs and passwords more frequently
BROWSER-BASED DO NOT TRACK
Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.
CONTACTING THE WEBSITES
If you have questions concerning this Privacy Policy or the practices of these sites, you may contact us.
TEXTING TERMS & CONDITIONS
1. These terms and conditions apply to SMS text messages sent by Up In Smoke Welding Apparel. These messages can be recurring (e.g. Inquiry Responding) or one-time (e.g. Monthly Promotions).
2. You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. .
3. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Up In Smoke Welding Apparel as part of this service. Up In Smoke Welding Apparel may use this information to contact you and provide services you request from Up In Smoke Welding Apparel. Up In Smoke Welding Apparel may also use this information as described in the subscription list you’ve enrolled in. Up In Smoke Welding Apparel may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at https://upinsmokewelding.com/privacy-policy
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. The maximum number of messages per month you will receive will vary based on the subscription list you’ve enrolled in. If you have any questions about your text or data plan, it is best to contact your wireless provider.
6. Up In Smoke Welding Apparel will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
7. If you have questions regarding how Up In Smoke Welding Apparel collects, uses, shares, and protects guest information, please read our Up In Smoke Welding Apparel privacy policy.
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