Effective Date: January 1, 2022
Revision Date: August 18, 2022
Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what website or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
We may obtain information about you from social media platforms that you use in connection with our Site or when using our Services, or that share or allow you to share information with us, such as Facebook, Twitter, Spotify, and Instagram. For example, if you post content to feeds on third-party social media sites or use social media platforms in connection with the Site, if you use credentials (e.g., username and password ) from a third party site to create or log into your account on the Site, or if you like us or follow us on social media platforms, we may collect the information that you share with us, or that those social media platforms share with us in accordance with their privacy policies and privacy settings. For more information about social media platform privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use. You may update your privacy settings on each social media platform directly.
How We Use Your Personal Information
We use the Personal Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Personal Information to:
- Communicate with you;
- Process your order;
- Improve the Site and our products;
- To facilitate, operate, and improve our business and lawful business activities;
- To maintain our programs, accounts, and records;
- Facilitate account creation;
- To detect and screen our orders for potential risk or fraud and other technical issues;
- To determine your level of engagement;
- To comply with governmental regulations/laws or to respond to a subpoena or other governmental, court, administrative, Member State, Supervisory Authority or other legal requirement;
- For any other purposes for which you give consent;
- For any other purposes communicated to you at the time we collect information and, if required, by law for which consent has been obtained
- In the context of a bankruptcy, company dissolution, merger or acquisition; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use anonymized, de-identified and aggregated data generated to provide insights to our customers, including usage information about the use of our Site and the products our customers are orders, looking at buying, and where they are buying from. We also use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
How We Share Your Personal Information
- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
- We also use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We also use Facebook Remarketing to analyze data. You can read more about how Facebook uses your Personal Information and how to adjust how ads on Facebook are shown to you here:
https://m.facebook.com/help/568137493302217?_rdr or by visiting the Help Center, available here: https://m.facebook.com/help/?_rdr
- We also use Klaviyo to assist us with marketing. You can read more about how Klaviyo uses your Personal Information here: http://www.klaviyo.com/legal
- We share delivery information with our third party warehouse provider to ensure that orders are processed properly.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information 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 using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Third Party Features, Links and Privacy Policies
Do Not Track
Do Not Track (including California and Delaware do not track disclosures): Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, we do not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
You may choose during the account registration process on the Site, or otherwise, to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other materials related to our products and services. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by using an “unsubscribe” link in an email you receive) or by contacting us at the contact information provided below. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Mobile Terms of Service
Our mobile message Service (the “Mobile Service”) is operated by us. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to our Mobile Service, you agree to receive recurring SMS/text messages from and on behalf of Howler Brothers through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to 31582 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Howler Brothers mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Mobile Service support or assistance, text HELP to 31582 or email email@example.com.
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
Residents of the European Union/European Economic Area/United Kingdom
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 we 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. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
If you are a resident of the EEA, the EU or UK, you have certain data protection rights. We aim 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, have a copy of it, correct or otherwise rectify it, 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, 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 Persona Data. 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 Personal Information, which override your rights and freedoms.
- Request that we restrict the processing of your Personal Information. This enables you to ask us to temporarily stop the processing of your Personal Information in the following scenarios: (a) if you have concerns about the accuracy of your information and want to have it rectified; (b) where you believe our use of your information may be unlawful but you do not want us to erase it; (c) where you need us to hold the information for the purposes of defending or exercising your rights with respect to a legal claim even though we may no longer need it; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to keep 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 your Member State.
If you wish to exercise any of the rights set out above, please contact us using the contact details below or click this link:
GDPR Data Subject Request Form
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.
Residents of Canada
This Section provides additional information regarding the use of Personal Information about Canadian residents and the process to be followed in order to send unsolicited electronic communications to them, and our responsibilities under Canada’s Anti-Spam Legislation (CASL).
For the purposes of this section:
- Commercial activity: Any transaction of commercial character, regardless of whether there is an expectation of profit or not.
- Commercial electronic message (“CEM”): CEMs are commercial electronic messages that encourage participation in commercial activity. Even if a commercial message is not sent with an expectation of garnering profit, it still qualifies as a CEM.
- Electronic address: An address used in connection with the transmission of an electronic message to an electronic mail account, and instant messaging account, a telephone account or similar account.
- Electronic message: A message sent by any means of telecommunication, including text, sound, voice or image.
- Express consent: Permission obtained when a recipient “opts in” to receive CEMs. Consent can be oral or written and could be an unedited audio recording, paper or electronic checkbox on a website. Express consent never expires unless the recipient chooses to unsubscribe. We will maintain records of all contacts for whom express consent exists.
- Unsubscribe: A withdrawal of consent to receive CEMs
By submitting forms to us that provide your electronic address, you are granting us express consent to send you CEMs. You may unsubscribe via the link found at the bottom of every electronic message.
All partners, employees, contractors, vendors and any other person sending CEMs on behalf of us will ensure that all such CEMs contain:
- Full contact information. This includes the sender’s first name, last name, title, company name, company mailing address, direct telephone number, electronic address and company web address.
- Information enabling you to contact us and, if the CEM is sent on behalf of another party, the name of this party and the sender, in addition to the information listed above.
- An unsubscribe link that is clearly visible and that is valid for at least 60 days. The unsubscribe mechanism that will be provided to users via this link will be simple, quick and easy for the user to perform.
Unsubscribe Requests: All unsubscribe requests will be managed within 10 days of receipt. Partners, employees, contractors, vendors and any other person sending CEMs on behalf of us will not send an unsubscribed party any further communications by electronic means.
When we plan to introduce significant changes to its privacy practices, we will notify Canadian-resident users and obtain their consent prior to the changes coming into effect. Significant changes include using Personal Information for a new purpose not anticipated originally or a new disclosure of Personal Information to a third party for a purpose other than processing that is integral to the delivery of a service. This Section provides additional information regarding the use of Personal Information about Canadian residents and the process to be followed in order to send unsolicited electronic communications to them, and our responsibilities under CASL.
Residents of California, Nevada, and Utah
Residents of California
Shine the Light Law
Under California Civil Code Sections 1798.83-1798.84, we may now or in the future elect to share information about you with third parties for those third parties’ direct marketing purposes. Specifically, California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of Personal Information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of Personal Information shared by us and the names and addresses of all third parties that received Personal Information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2021 will receive information about 2020 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please complete and submit the California Data Subject Request Form.
The California Consumer Protection Act and the California Privacy Rights Act
If you are a California resident, or were within the last year, you have the following rights under applicable California law in relation to your Personal Information, subject to certain exceptions:
- Right to Know. You have the right to, up to twice in a 12-month period, request what Personal Information we collect, use, disclose, and/or sell, as applicable.
- Right to Delete. You have the right to request the deletion of your Personal Information that is collected by us.
- Right to Opt-Out of Sale. You have the right to opt-out of the sale of your Personal Information by a business. However, as noted above, we do not currently sell any Personal Information.
- Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.
- Right to Data Portability. You have the right to request a copy of your Personal Information we have collected and maintained about you in the past 12 months.
Please note that if you request deletion of your Personal Information we may deny your request or may retain certain elements of your Personal Information if it is necessary for us or our service providers to:
- Complete the transaction for which the Personal Information was collected, provide goods or services requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA. To submit a request, please complete this form or have your designated representative complete this form: California Data Subject Request Form.
We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the Personal Information on. These rights are also subject to various exclusions and exceptions under applicable laws.
You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.
We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13 as we do not collect Personal Information from any person under the age of 13.
We will respond to your request within 45 days after receipt of a Verifiable Consumer Request for a period covering 12 months and for no more than twice in a twelve-month period. We reserve the right to extend the response time by an additional 45 days when reasonably necessary and provided consumer notification of the extension is made within the first 45 days.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Security of Data
We have implemented measures that are designed to limit access to Personal Information to authorized individuals and to prevent the loss or corruption of data. We have implemented commercially reasonable data security technologies designed to preserve the security of all Personal Information collected and/or processed on our platform, including encryption for all such Personal Information in transit and at rest when applicable except for metadata and photos which are publicly accessible and not encrypted at rest.
Please understand, however, that no security system is impenetrable or perfectly secure. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. As a result, you use the Site at your own risk. When registering with us on the Site, we encourage you to choose passwords of sufficient length and complexity, install the latest security updates and anti-virus software on your computer to help prevent malware and viruses, not share your password with others, and review your account information periodically. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, please contact us using the contact information provided above.
For the purposes of accessing some areas of the Site, you may have to set up an account, which includes choosing a username and password. You are responsible for the security and confidentiality of your password and login information.
The Site is not directed toward, or intended for use by, individuals under age 13 (16 if outside the US). We do not knowingly collect information from anyone under age 13 (16 if outside the US). If you are under the age of 13 (16 if outside the US), please do not use the Site and do not register with, order or purchase from, or provide any Personal Information to, us. If we find out that we have collected information from a minor under age 13 (16 if outside the US), we will take all commercially reasonable steps delete that information immediately. If you are under the age of 18, you should use the Site only with the involvement of a parent or legal guardian and should not submit any Personal Information to us.
If you are a user from a country outside the United States, and you choose to access the Site, you are deemed to consent to the transfer of any Personal Information you disclose from the country from which you reside or from which you access the Site to United States, as allowed by law.
Severability and Enforceability
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us as follows:
Heard Design, LLC d/b/a Howler Brothers
Attn: General Counsel
1010-A West Lynn Street
Austin, TX 78703
Phone: (512) 373-8233