PRIVACY & DATA
Last updated May 1, 2023
We know that you care how information about you is used and shared, and we appreciate your trust that we will always aim to do so carefully and sensibly. This Privacy Policy explains how Constructive Stumblings, Inc. doing business as Frown Clowns (collectively, “we,” “us” or “our”) collect, use and share information about you when you use our websites and online services (“Services”) or otherwise interact with us.
WHAT INFORMATION DO YOU COLLECT ABOUT YOUR CUSTOMERS?
- Information That You Provide: We collect information that you provide when you create an account, place an order, sign up to receive our emails or interact with us through our customer service channels.
- Automatic Information: We collect some information automatically whenever you interact with us. This information includes log files (which include IP address, date/time of access, referring page URL and browser type) as well as information collected through tools that help us collect usage information. “Cookies” and web beacons are a couple of examples of the type of tools we use to collect this information. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness . For more details on our use of Cookies, and how to disable them, please see our Cookie Policy, below.
HOW DO YOU USE CONTACT INFORMATION?
We use your contact information (meaning email address, and billing or shipping address) for the following purposes only:
- To help you create, manage and maintain your User Account, and to send you information about products, promotions, surveys, news and events that we think may interest you;
- To process and deliver purchases, returns, backorders, etc.;
- To send you security alerts, delivery notifications, and other administrative messages and to provide customer support;
HOW DO YOU USE OTHER CUSTOMER INFORMATION?
- To customize our Services and product offerings to suit your needs and interests;
- To monitor and analyze trends, usage and activities, and improve our Services and product offerings;
- To record purchases that you have made through our Services;
- To allow you to post comments and communicate with us through our Services, including on our social media pages;
- To protect against fraud and unauthorized transactions, including by identifying potential unauthorized users and/or hackers;
- To enforce our Terms of Use;
- To comply with applicable legal requirements, industry standards and our policies.
DO YOU RETAIN MY PAYMENT DATA?
Payment processing for our store is exclusively processed through either PayPal or Stripe. We do not collect, process, or retain your payment data and it never passes through our web server.
HOW DO YOU SHARE CUSTOMER INFORMATION?
Your customer information is sometimes shared with carefully selected partners (e.g. Facebook) in order to enhance your shopping experience and to provide services to us. We also may share information about you in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process.
Advertising and Analytics Services Provided by Others
We allow other companies to provide analytics services and serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information is used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and online services and better understand your online activity. Please see our Cookie Policy [Insert hyperlink] for more details on how you may be able to opt out of receiving interest-based ads via our Services.
WHAT CHOICES DO I HAVE?
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain features on our Services. You may also manage, update and correct the information you provide as part of your online account by logging into your User Account.
If you would prefer not to receive marketing emails, simply click on the unsubscribe link included at the bottom of any of those emails. If you opt out of receiving marketing emails, we may still send you other types of messages, such as purchase receipts, information about shipments, or emails about your account.
International
The information we collect about you may be transferred to, and accessed from within, the United States and other countries, as permitted by applicable law. These other countries may not offer the same level of data protection as your home jurisdiction. We will take steps to maintain an adequate level of protection for this information in the jurisdictions in which we process it. If you are a resident of the European Economic Area (“EEA”), please see the “Note to EEA Residents” section below.
CONTACT INFORMATION
If you have any concern about our privacy practices please contact us.
NOTICE OF CHANGES
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.
NOTE TO EEA RESIDENTS
If you are a resident of the EEA, you have certain rights and protections under the law regarding our processing of your personal data. Please see the sections below for more details.
Legal Basis for Processing
We will only process personal data about in accordance with the following legal basis:
- As necessary to perform our responsibilities under our contract with you. For example, by processing your order and delivering the products you purchase.
- When we have a legitimate interest in processing your personal data. For example, to communicate with you about changes to our Services or legal documents, to prevent fraud, or to provide, protect and improve our products and services.
- If we request your consent to a specific processing activity (such as to send marketing emails), and you provide your consent in the manner indicated.
- In some cases, processing will be necessary for compliance with a legal obligation, such as response to legal process requests.
Data Subject Requests
You have the right to access personal data we hold about you and to ask that this data be corrected. In certain cases, you may also have the right to request that we erase data we are processing or to restrict or object to certain of our processing activities. You may also have the right to request that we provide you with the personal data you have provided us in a portable form for transmission to another controller’s service. If you would like to exercise any of these rights, you may contact us as indicated above.
Data Retention
We store the information we collect about you for as long as is necessary for the purposes for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
EU-U.S. and Swiss-U.S. Privacy Shield Framework
As of the May 18, 2018, we are in the process of becoming certified as EU-U.S. and Swiss-U.S. Privacy Shield (“Privacy Shield”) compliant. Once we become Privacy Shield compliant we will update this Privacy Policy and the following shall apply: We adhere to the EU-U.S. and Swiss-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce (the “Principles”) in connection with its processing of personal data received from the European Economic Area and Switzerland (“Covered Data”). For more information about the Principles and to view our certification, please visit the Department of Commerce’s Privacy Shield website. You may contact us about any question or complaint regarding adherence to the Principles as indicated below. If we do not resolve your complaint, you may submit your complaint free of charge to JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim, our designated Privacy Shield independent dispute resolution provider. Under certain conditions specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint. We are subject to the investigatory and enforcement powers of the Federal Trade Commission. If we share Covered Data with a third-party service provider that processes the data solely on our behalf, then we will be liable for that party’s processing of Covered Data in violation of the Principles, unless we can prove that it is not responsible for the event giving rise to the damage.
Questions or Complaints
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, click here.
COOKIE POLICY
Some information is received and stored automatically whenever you interact with the Site. “Cookies” are one example of this type of information. In internet terms, a “cookie” is a text file that websites commonly send to visiting computers/devices to identify that visiting computer/device upon subsequent visits and to collect general usage data including statistical information. Other uses of Cookies include, for example:
- Allowing the Site to recognize your device so you don’t have to enter the same information repeatedly;
- Recognizing that you have a user name and/or password;
- Allowing us to better understand how you are using the Services and/or Site to maximize efficiency and ensure sufficient capacity for quick delivery;
Most web browsers are set to accept Cookies. You can set your browser to refuse cookies or ask your browser to show you where a cookie has been set up. Please consult your web browsers information resources for additional details on limiting Cookies.
We do not recommend turning Cookies off as this may prevent you from using certain aspects of the Service and/or the Site.
We may, from time to time, use third party services to display or distribute content on the Site, which may include analysis of data and/or management of content and/or services generally. The Site (or third-party sites) may use Cookies and/or similar web beacons to collect information that will enable us to provide you with the most efficient and personalized service.
