Privacy Policy
Last updated: July 19, 2022
Cap & Jack LLC (the “Company,” “we,” “us,” or “our”) is the owner and operator of the websites located at www.capandjack.com, www.capandjackcares.com, www.capandjackshares.com, www.thelovebugclub.com, and www.thewigglebuttclub.com (collectively referred to as “website,” or “site”).
This Privacy Policy describes how we collect, use, disclose, and secure your personal data when you access our website or place an order and your rights as a data subject. We will not use or disclose your personal data with anyone except as described hereunder. By using the website, you agree to the collection and use of your personal data in accordance with this Privacy Policy.
1. WHO IS COVERED BY THIS PRIVACY POLICY?
This Privacy Policy covers our website visitors, users who sign up for an online account, users who subscribe to our mailing list, and customers who place an order through the website.
2. DEFINITIONS
Unless expressly specified hereunder, all the words shall have the same meaning as defined in the Terms and Conditions:
2.1. ‘Data Controller,’ ‘Personal Data’ and ‘Processing’ shall have the same meaning as defined in Article 4 of the EU General Data Protection Regulation 2016/679 (EU GDPR);
2.2. ‘Account Holder’ means an individual who creates a user account on the website;
2.3. ‘Data Subject’ means a natural person whose personal data is processed by the Company or its processors.
3. WHAT INFORMATION DO WE COLLECT, AND HOW DO WE USE IT?
There is some personal data that you voluntarily provide us when you use our website, and there is some personal data we are able to collect automatically from your use. Regardless of whether we receive your personal data directly from you or automatically, we will only process it if we have a legal basis to do so, such as consent, the performance of a contract, or legitimate interest.
You may decline to submit any personal data that you do not wish to provide us with. However, you understand that your refusal to provide any information required for the provision of our website or fulfillment of your order may result in us not being able to deliver the service to you.
We process your personal data:
3.1. When you register an account on the website
When you register a user account on the website, you provide us with your name and a valid email address.
HOW DO WE USE YOUR DATA?
We use your data:
- To enable you to access your user account on the website;
- To store your purchase history, billing, and shipping information, as well as any store credits that you may have.
LEGAL BASIS
The legal basis we rely upon for processing this data is Article 6(1)(b) of the EU GDPR, which provides that data may be processed if required for the performance of a contract.
DATA RETENTION
We will keep your user account data for as long as your user account is active on the website. We will remove your user account data from our database within six months from the date of your account termination. Please note that we may be allowed to keep this data on other lawful grounds.
3.2. When you send us an inquiry
When you send us your inquiries through our website by completing the contact form or sending us an email, you provide us with your name, email address, and any other personal data contained in your message.
HOW DO WE USE YOUR DATA?
We use this data to understand your request, respond to your inquiry, and take any other actions required to service your request.
LEGAL BASIS
The legal basis we rely upon for processing this data is Article 6(1)(f) of the EU GDPR, which provides that data may be processed if the controller has a legitimate interest and data processing does not override the data subject's rights.
DATA RETENTION DURATION
If you have a user account on the website, we will retain all your inquiry/communication data for the duration your user account is active on the website. If you terminate your user account, we will remove inquiry data within three months from your account termination date.
If you do not have a user account, we retain your personal data associated with your inquiry for a maximum period of three months from the date of last communication. We will safely remove all inquiry related data from our records after three months unless we have another legal basis for processing this data.
3.3. When you purchase a product from our website
When you place your order on our website, you provide us with your name, email address, shipping address, and your billing address (if required by the payment processor). We do not directly collect and store any payment data from our customers. All payment data is collected directly by the payment processor in accordance with their own legal agreement.
HOW DO WE USE YOUR DATA?
We use this data to process your order, to resolve any disputes arising with your order, as well as for our accounting purposes.
LEGAL BASIS OF PROCESSING
The legal basis for processing this personal data is our legitimate interest as set out in Article 6(1)(f) of the EU GDPR.
DATA RETENTION DURATION
We will retain your personal data for the entire duration that your user account is active on the website. If you terminate your user account on the website, your personal data will be removed from our database within two years from the date of user account termination unless we are required to retain your personal data for our business or legal compliance purposes.
3.4. When you leave a product review on our website
When you leave a product review on the website, we will process your name and the content of your review.
HOW DO WE USE YOUR DATA?
We will display your review on our website and other social media pages for our business marketing purposes. Please note that your name will be associated with your review, and you are advised not to share any personal data in public reviews that you do not wish to be publicly visible to others.
LEGAL BASIS OF PROCESSING
The legal basis for processing this personal data is our legitimate interest as set out in Article 6(1)(f) of the EU GDPR.
DATA RETENTION DURATION
We retain all product reviews on our website and other social media pages for as long as we deem fit.
3.5. When you subscribe to our newsletter
When you subscribe to receive direct marketing communication from us, such as our newsletter, you provide us with your full name and your email address.
HOW DO WE USE YOUR DATA?
We will use your data to send you direct marketing material.
LEGAL BASIS OF PROCESSING
The legal basis we rely upon for processing this data is Article 6(1)(a) of the EU GDPR, which provides that data may be processed if the data subject freely grants his/her consent for such processing.
DATA RETENTION DURATION
Your subscription data is only retained as long as you are subscribed to the service. You can opt-out of receiving marketing communication from us by clicking the unsubscribe button in our marketing email. If you wish, you can also send your request to opt-out by emailing us at woof@capandjack.com using the same email that you used to subscribe to the newsletter, and we will immediately remove you from our mailing list.
3.6. Automatically collected technical data
We may automatically collect some data from you when you access our website, such as your Internet Protocol (IP) address, your browser type, and version, the date and time of your visit, etc.
HOW DO WE USE YOUR DATA?
We use this data to:
- Maintain and improve our website; and
- Detect and prevent spam or other similar unauthorized activities.
LEGAL BASIS OF PROCESSING
Our legal basis for processing this data is our legitimate interest, which does not override your data rights as set out in article 6(1)(f) of EU GDPR.
DATA RETENTION DURATION
We will only retain this data for as long as we require it for our internal business purposes.
3.7. Automatically collected location data
When you access the website, we may automatically collect information about the country from where you are visiting.
HOW DO WE USE YOUR DATA?
We may use this data to display location-relevant content and offer different language options (if available). You have the option to decline the request for the collection of your location data.
LEGAL BASIS OF PROCESSING
The legal basis we rely upon for processing this data is Article 6(1)(a) of the EU GDPR, which provides that data may be processed if the data subject gives his/her express consent to the processing of data.
DATA RETENTION
We will only retain this data for 30 days from the date of collection.
3.8. Cookies Data
Where required by law, we use cookies on our website with your consent. You can tell your browser to decline all non-essential cookies or to indicate when a cookie is being sent. Please note that if you decide to decline cookies, you may not be able to use some parts of our website.
GOOGLE ANALYTICS
We may use Google analytics services on our website. Google Analytics is owned and operated by Google LLC. Google Analytics uses cookies that are stored on your computer to evaluate your use of our website. All information collected from you is stored on Google’s servers in the United States of America. To learn more about how Google processes your personal data, please click here.
You can stop these cookies from being stored on your computer by installing the browser plug-in available here.
You can decline cookies from our website by clicking the decline button in the cookie banner on our website or changing your browser settings to decline all third-party cookies.
4. DISCLOSING YOUR PERSONAL DATA
We do not sell or rent your personal data to any third party. There are some circumstances when we may disclose your personal data to third parties, including:
Our employees
Our employees, contractors, and other service providers (including third-party courier companies) may have access to your personal data to the extent necessary to deliver our website and/or ordered products to you.
Payment processors
When you order a product, your payment information is collected and processed by our selected payment gateways: Paypal, and Shopify;
Merger or acquisition
If in the future we sell or otherwise transfer any part or whole of our business, we will transfer your personal data as part of our assets to the new entity that acquires or merges with our Company.
Valid requests for information
When we receive valid requests for information from any local and international government authorities, law enforcement bodies, or courts of law, we may share your personal data with such bodies for compliance with the law.
Legal action
If we are ever involved in any legal action arising from our Agreement with you, we may disclose your personal data to the extent required to assert our rights or defend any claims against us.
Email distribution tools
We make use of third-party email distribution tools to send marketing emails to our subscribers. If you opt-in to receive our newsletter, your name and email address will be stored on these email distribution tools.
5. DATA SUBJECT RIGHTS
As a data subject, your rights relating to your personal data that we hold are as follows:
Right to access your personal data
As a data subject, you may request a copy of all your personal data that we have for you.
Right to rectification
As a data subject, you may request rectification of any incorrect or incomplete information we hold about you.
Right to withdraw consent
If you subscribe to receive our newsletter by opting-in, you can withdraw your consent by clicking the “unsubscribe” button in our marketing email.
Right to erasure of personal data
In limited circumstances, you may exercise your right to request the erasure of your personal data, such as where your personal data is being processed unlawfully or where your personal data is retained for a longer period than specified in our data retention policies.
Right to lodge a complaint
If you are in the European Economic Area (EEA), you may also exercise your right to lodge a complaint against any infringement of your privacy rights. If you believe that our privacy practices infringe on your privacy rights, we will appreciate it if you would contact us to discuss the matter before submitting any complaints. If you are dissatisfied with our response, you also have the right to complain to your local data protection authority.
6. DO NOT TRACK (DNT)
Please note that we do not respond to DNT signals by changing our data collection and use practices.
7. SECURITY OF YOUR DATA
The security of your data is important to us, and we take all reasonable and commercially viable steps to protect your data from unauthorized access, use, modification, destruction, or loss. Despite our use of best practices, you understand and accept that no mode of transmission over the internet is completely secure, which is why we cannot offer any guarantees as to the absolute security of your data.
8. TRANSFER OF YOUR DATA
We are operating from the United States, and we will process your data within the United States as well as other parts of the world. If you are located in a EEA member state, we will transfer your data outside of the EEA to the United States as well as other third countries where the data protection laws are not as strict as those in the EEA.
Whenever we transfer your data to the United States or any other third-country that does not have adequate data protection, we will take all the necessary steps to ensure that your personal data receives the same level of protection as provided within the EEA. We will use safeguards, including Standard Contractual Clauses as provided by the European Commission, to ensure your privacy rights are protected by the receiving entity in such a third country.
9. THIRD-PARTY LINKS
Our website may contain links that will redirect you to third-party websites. Such third-party websites are not owned or operated by us. These third-party websites are governed by their own legal Terms and Conditions and Privacy Policy. We advise our users to review all third-party Terms and Privacy Policy before making use of such websites. You understand that the presence of any third party links on our website does not constitute an endorsement of such a third party, and we cannot be held responsible for such third party’s actions.
10. CHANGES
We may amend this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you by email (if you have consented to receive communication from us) or by updating the last modified date on the top of the webpage where this Privacy Policy appears. It is solely your responsibility to periodically review this Privacy Policy to familiarise yourself with any changes.
11. PROTECTION OF CHILDREN’S PRIVACY
We do not target our website to anyone under the age of thirteen (13) years ("Children"). If you are the parent or legal guardian of a child who you believe has provided us with his/her personally identifiable information, please contact us, and we will immediately investigate the matter and take appropriate steps.
12. CALIFORNIA RESIDENTS PRIVACY RIGHTS
All personal information we collect from you and how we use it has been described in section 3 of this Privacy Policy. We may disclose your personal information to third parties, as outlined in section 4. Please note that we do not sell or rent your personal information and we do not share it with any third-parties for direct marketing purposes. You always have the right to request us to stop processing your personal data by clicking here or contacting us by email at woof@capandjack.com alternatively you can write to us at:
Cap & Jack LLC
2784 Homestead Rd.
PMB #251
Santa Clara, CA 95051