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Privacy Policy
PRIVACY POLICY
Effective: 02/24
1. PURPOSE OF POLICY.
2. NOTICE CONCERNING CHILDREN AND MINORS.
3. INFORMATION WHICH THE COMPANY COLLECTS AND USES.
3.1. HOW WE COLLECT INFORMATION.
3.2. HOW WE USE INFORMATION.
4. YOUR ACCESS TO INFORMATION.
5. OPT-OUT RIGHT.
6. YOUR CALIFORNIA PRIVACY RIGHTS.
7. YOUR GENERAL DATA PROTECTION REGULATION RIGHTS.
7.1 TRANSFER YOUR INFORMATION OUT OF THE EUROPEAN ECONOMIC AREA.
7.2 AUTOMATED DECISION MAKING
7.3. HOW TO COMPLAIN UNDER GDPR
8. SECURITY.
9. THIRD PARTY WEBSITES.
10. CONTACT INFORMATION.
11. GOVERNING LAW.
12. UPDATES TO THE POLICY.
1. PURPOSE OF POLICY.
Snowflake Designs, Inc. (“us,” “we,” or “Company”), is committed to respecting the privacy rights of its customers and visitors to the snowflakedesigns.com website (the “Website”). We, as the controllers of your data, collect, use, and are responsible for certain personal information about you, and have created this Privacy Policy (this “Policy”) to give you confidence as you visit and use our Website and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to our Website, any of our other websites that post this Policy, and data that we have collected since making the Website available. This Policy is not applicable to any other websites or electronic transmissions that you may be able to access from the Website, each of which may have data collection, use practices and policies that differ materially from this Policy.
We ask that you read this Policy carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
2. NOTICE CONCERNING CHILDREN AND MINORS.
We do not direct any of our content specifically at children under 13 years of age, nor do we collect any personal information from anyone who we know to be under the age of 13. If we learn or have reason to suspect that a user is under age 13, we will use our best efforts to prevent access to the Website of such user and to delete any personal information in such user’s account on our Website.
California Civil Code Section 22581 permits minors under the age of 18, or their parents or guardians, to request and obtain removal of their information. To request removal of your personal information please contact us using the methods described in Section 10 of this Policy. Note that removal under the law does not ensure complete or comprehensive removal of your information.
3. INFORMATION WHICH THE COMPANY COLLECTS AND USES.
In operating the Website, we may collect or obtain certain information such as your name, mailing address(es), e-mail address(es), phone number(s), gender, age, date of birth, social security number, occupation, education level, income, race, religion, political party affiliation, and other bibliographic information, payment and applicable financial account information, and information pertaining to your creditworthiness, assets, income, or liabilities, information about your use of the Website, products and services which you have purchased, obtained, or have researched or to which, by use of the Website, have otherwise indicated interest, your IP address, geolocation data, domain servers, types of computers accessing our Website, types of browsers, and other data of a technical nature which relates to your use and access of the Website (collectively referred to as “Information”).
As used in this Policy, “Personal Information” is any Information that identifies (or can be used to identify) you or which permits the physical or online contacting of you, such as your name, address, email address, and phone number. “Anonymous Information” is any information that does not identify, and cannot reasonably be used to identify, you. “Pseudonymous Information” is any information that cannot be attributed to you without the use of additional information. “Aggregate Information” is any information about groups of visitors to our Website that does not identify, and cannot reasonably be used to identify, you.
3.1. HOW WE COLLECT INFORMATION.
Information you Provide Us: We may include registration, surveys, questionnaires, and other forms on the Website that ask you to provide information, including Personal Information. Some of the information that we collect is required from you to enable us to provide you with the services you request from the Website, for example, if you order product or services, we will require you to provide your name and address. We will inform you at the point of collecting information from you whether you are required to provide information to us. If you choose not to provide us with the required information, you will be unable to utilize the services provided at the Website.
Server Information: Our servers may automatically collect Information of a technical nature, such as your IP address and your browser type, which relates to your use and access of the Website. This data does not in and of itself personally identify you but is helpful for improving user experience. In the event that you provide Personal Information while visiting our Website, this data may be correlated to you and thus your Personal Information.
Cookies: From time to time, we may use the “cookies” feature of major browsers and browser applications that allows us to store data on your computer about your visit to our Website. We do not set any Personal Information in cookies, and do not employ any data capture mechanisms on our website other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement, in addition to enhancing user experience. For a list of cookies we set, the information in those cookies, and our reason for using them, please visit: Cookies. Some material displayed on our site may contain cookies set by third parties. We do not have access to or control over information collected by such third-parties on our Website, and thus such cookies are not subject to this Policy. You may be able to choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience on the Website may be diminished and some features may not work as they were intended.
Beacons: We may also use web beacon or other technologies to better tailor the Website to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Website, a non-identifiable notice of that visit is generated which may be processed by us or by suppliers or affiliates, or other entities. Web beacons usually work in conjunction with cookies. If you do not want cookie information to be associated with customer's visits to these pages, you may be able to set your browser to turn off cookies; however, web beacon and other technologies will still detect visits to these pages.
Online Tracking: Many browsers provide the ability for a user to send a “Do Not Track” signal which indicates that a user does not wish to have activity tracked. We do not collect Personal Information across third-party websites or online services and do not permit third-parties from tracking consumers while they are on the Website. Currently there is no industry standard on how to respond to “Do Not Track” signals; however, if you send a “Do Not Track” signal while using the Website, we will take every effort to respect your wishes that are possible. In any event, we will adhere to the standards set forth in this Policy.
Advertising Choices. We do not provide third party advertising on the Website in an attempt to provide additional content that may be relevant to you. We do not control the use of any information about you that the third-party advertiser may obtain or use, and recommend you review their data collection and use policies. There are a variety of tools which are available to you to “opt-out” of interest-based advertising on the Website, as well as on the internet generally, including by utilizing the tools available from Network Advertising Initiative and Digital Advertising Alliance. There are also a variety of browser tools and plug-ins which you can use in an attempt to block advertising and advertisements as you use the internet.
Third Party Sources: We may also obtain additional sources of data not directly collected from you to better tailor the Website to provide better customer service. For example, you may engage with us through social media services or third party platforms, plug-ins, or applications, through which you may allow us to have access to certain information in your profile or account, such as your name, email address, photographs, network connections, and activities. Please refer to the respective policies on those services, platforms, plug-ins, and applications to review your privacy rights and settings. Information may include public or private data from various sources and held at varied secured data storage facilities, inside and/or outside of the United States or the European Economic Area.
3.2. HOW WE USE INFORMATION.
Consistent with this Policy, and subject with applicable law and the choices and controls available to you as set forth herein, we may use your Information in any way we feel necessary to provide you with the best experience when using our Website or in our dealings with you, to protect your interests, communicate our interests, or generally become better informed about you as our valued customer.
We use the Information, including Personal Information and all other information, to provide you access to the experiences, products, and services on the Website that you request, to personalize the content and experiences on the Website, to communicate with you about transactions initiated on the Website, to offer you any additional products or services that we think you may have an interest in receiving, to analyze our Website traffic, to help diagnose problems with our server, to administer our Website, to determine how users interact with the Website, and for other similar reasons.
We may also use Anonymous Information, Pseudonymous Information, or Aggregate Information (or other information other than Personal Information) in any other manner that we deem appropriate or necessary, including to operate, understand, and improve the Website, products, services, and operations, including by using research and analytics tools. Such use may include sharing this type of information with business partners and advertisers.
Unless you allow us to share your personal information, we will not sell, share or rent Personal Information to third parties, and we will not otherwise disclose Personal Information to third parties not affiliated with us. Notwithstanding, we may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us or our any one of our related companies, subsidiaries or affiliates, (2) protect and defend our rights or property or those of our users, or (3) act under exigent circumstances to protect the safety of the public or customers or visitors.
We may employ or engage companies and individuals to perform business functions on its behalf. These persons may be engaged in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing payments, and providing customer service. Unless you exercise rights to opt out, these persons may be provided with Personal Information or other information required to perform their functions as our agent.
In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected on or Website. If our company or substantially all of our assets are acquired, your Personal Information and/or other Information may be one of the assets transferred to the acquirer. You may be given the opportunity to opt out of any such transfer if, in our opinion, the new entity plans to handle your information in a way that is different in an important way from this Policy.
4. YOUR ACCESS TO INFORMATION.
We may now or in the future provide a mechanism in order to help you confirm that some of your Personal Information (e.g., name, address, and other contact information) remains correct and up-to-date. Such review process, if provided, will be available through a link on the Website. In addition, if you make a request by contacting us using the methods described in Section 10 of this Policy, we will provide a reasonable description of the Personal Information that we maintain.
5. OPT-OUT RIGHT.
You have the right at any time to cease permitting Personal Information to be collected, used or disclosed by us and/or by any third parties with whom we have shared and/or transferred such Personal Information. Right of cancellation may be exercised by contacting us in accordance with the provisions of this Policy. After processing the cancellation, we will delete your Personal Information from our database.
6. YOUR CALIFORNIA PRIVACY RIGHTS.
California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding the disclosure of personal information to third parties, including our information sharing practices, including the names and addresses of those businesses with whom we have shared your Personal Information, for direct marketing purposes. To make such a request, please contact us using the methods described in Section 10 of this Policy. Please find our CCPA disclosures here: https://www.snowflakedesigns.com/ccpa
7. YOUR GENERAL DATA PROTECTION REGULATION RIGHTS.
General Data Protection Regulation (“GDPR”) permits users who are in the European Economic Area (“EEA”) or European Union (“EU”) and the United Kingdom (“UK”) to request certain information regarding the control, disclosure, and use of their personal information. In summary, those rights include rights to: fair processing of information and transparency over how we use your personal information, require us to provide you with information regarding the information that we have about you and how we use that information, require us to correct any mistakes in your information which we hold, require the erasure of personal information concerning you in certain situations, and object at any time to the processing, use, and automation of your data.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (“ICO”) on individuals’ rights under the GDPR. If you would like to exercise any of those rights please contact us using the methods described in Section 10 of this Policy.
7.1 TRANSFER YOUR INFORMATION OUT OF EUROPEAN ECONOMIC AREA.
We may transfer your personal information to areas outside of the EEA. Such countries do not have the same data protections as the EEA and the UK. While the European commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the EEA and UK, any transfer of your personal information will be subject to applicable safeguards as proscribed in this Policy and as permitted under Article 46(5) and any relevant section of the GDPR that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. To obtain a copy of such safeguards please contact us using the methods described in Section 10 of this Policy.
If you would like further information please contact us using the methods described in Section 10 of this Policy.
7.2 AUTOMATED DECISION MAKING
We do not subject you to a decision based solely on automated processing, including profiling, in a manner which produces legal effects or similarly significantly affects you, without your express consent.
7.3. HOW TO COMPLAIN UNDER GDPR
The GDPR also gives you the right to lodge a complaint with a supervisory authority, in particular in the EU (or EEA) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
8. SECURITY.
The safe keeping of your Personal Information is extremely important to us. We have measures in place by which we intend to prevent the loss, misuse, and alteration of the information that we obtain from you, including implementing various technical, administrative, electronic and physical security measures designed to prevent Personal Information from being accidentally being used or accessed in an unauthorized way. Unfortunately, despite our efforts, there are no methods that can fully prevent a breach, we cannot be liable for unauthorized disclosure of Personal Information due to no fault of our own, including but not limited to, errors in transmission and unauthorized acts of our staff and third parties. In the event of a suspected data security breach, we will notify you and any applicable regulator where we are legally required to do so.
9. THIRD PARTY WEBSITES.
The Website may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
10. CONTACT INFORMATION AND POLICY UPDATES.
If you have any questions about this Policy or our practices related to the Website, or if you would like to request that we disclose or delete your Personal Information stored in our database, please feel contact us at:
Snowflake Designs, Inc.
ATTN: Legal Compliance
2893 Larkin Ave.
Clovis, CA 93612
(559) 291-6234
11. GOVERNING LAW.
The Website is published in the United States and intended for users from the United States. To the extent permitted, this Policy shall be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of California to the rights and duties of the parties. U.S. law shall govern in any and all disputes.
We hope that this Policy provides you with full and fair notice of your privacy rights and our Information collection and use practices. We also hope that any concerns you might have can be resolved quickly and amicably by you contacting us under the methods provided in Section 10 of this Policy. However in the unfortunate event that such dispute cannot be resolved, by your use of the Website, you expressly agree that any actions between us, including pertaining to this Policy, the Website, or our use and collection of the Information, shall be held in Clovis, California. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Clovis, California in all disputes arising out of or related to this Policy, or the use of the Website or Service.
To the fullest extent not otherwise prohibited or required by law to be resolved in a different manner, by using the Website, you agree that any controversy between us involving the construction or application of any of the terms, covenants, or conditions of this Policy shall be submitted to binding arbitration. The arbitration shall be conducted in Clovis, California, and be in accordance with the rules established by the American Arbitration Association, and include limited discovery to be in accordance with and governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. The prevailing party shall be entitled to recover its reasonable costs and expenses of arbitration, including reasonable attorney’s fees. Nothing in this section or agreement shall limit or impair us from seeking and obtaining temporary and permanent injunctive relief to enforce the terms of this agreement.
12. UPDATES TO THE POLICY.
This Policy was published on 06/2018 and last updated on 02/2024. It constitutes our entire agreement with you concerning our collection and use of Information as you use the Website. Notwithstanding, you may also be subject to additional terms and conditions, policies, guidelines, or rules that may apply when you use or interact with the Website.
We may, in our sole discretion and without prior notice, revise this Policy at any time. We shall post any revision to this Policy to the Website, and the revision shall be effective immediately on such posting, unless stated otherwise. You agree to review this Policy and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website, you agree to any such revision.
