This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://www.harrymackofficial.com/ (the “Site”). Please read this Privacy Policy carefully before accessing and/or using the Site. This Privacy Policy does not apply to any third party websites, services, providers, or applications, even if such are available or accessible through the Site.
By using the Site, you hereby consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy and you agree to be legally bound by its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE.
Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including, but not limited to, 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 websites 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. Cookies do not tell us your personal information unless you choose to provide such information by using the Site. Cookies enable us to recognize you as the same user who has used the Site, and connect your use of the Site to other information about you. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with the Site. We may also use cookies to monitor aggregate usage and web traffic routing and to customize and improve the Site. You may elect to set your device so that you will not receive Cookies or to prompt you before accepting Cookies. You can also delete existing Cookies from your device history and turn off cookie acceptance altogether. However, some functions and features of the Site may not function properly if you have elected to disable cookies or similar technologies. Some third-party services providers that we engage (including third-party advertisers and/or service providers) may also place their own cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties. 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, date/time stamps, and/or other Device Information automatically assigned to your computer or device used by you to access the Site. Other information collected may include, but not be limited to, information about the frequency and length of (1) Site usage, (2) level of interaction, and (3) other actions taken through your use of the Site.
“Web beacons”, “tags”, and “pixels” are electronic files with a unique identifier (similar to Cookies) used to record information and provide analytical information concerning your experience, including, but not limited to, regarding how you browse the Site. Web beacons, tags, and pixels may also be used to: (1) track and measure the performance of the Site, (2) monitor how many visitors view the Site, and (3) monitor the effectiveness of Site marketing and advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information provided by you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
Additionally, when you make a purchase through the Site for ”Custom Freestyle”, we will collect certain information provided via the following form (“Custom Freestyle Information”). By submitting the Custom Freestyle Information, you agree: (1) to comply with any and all terms and conditions governing the providing of the Customer Freestyle Information, and (2) to grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Custom Freestyle Information in any way and for any purpose without providing any compensation to you or any other person.
Additionally, when you send a communication via the Site, we may also collect that communication, and you agree we are free to use the content of any communications submitted by you for any purpose.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information, Order Information, and Custom Freestyle Information. All Personal Information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is used, including, without limitation, to minimize the possibility that inappropriate information may be used in order to provide you services through the Site. It shall be your sole responsibility to update any and all Personal Information provided for use of the Site and/or its services.
How do we use your personal information?
We use the Order 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 Order Information as necessary for our legitimate business interests, including, but not limited to:
Communicate with you (including responding to customer service / user inquiries);
Screen our orders for potential risk or fraud;
Promote and market the Site and/or its services;
Aggregate non-identifiable information in order to provide new features and/or services through the Site;
Improve our product and services;
Provide all services made available through the Site; 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 the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to: (1) provide access to certain features of the Site, (2) monitor and track total number of users of the Site for statistical purposes, (3) meet legal and regulatory requirements, (4) alert users to new services, content, and/or features, and (5) 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).
When you sign up for a newsletter, we may use your Personal Information to provide you with marketing emails, promotions, and/or other content we believe may be of interest to you. If you no longer wish to receive the newsletter and/or marketing emails, you may opt-out of doing so in accordance with the provisions set forth in this Privacy Policy.
We may also make anonymous and/or aggregate Personal Information for commercial, marketing, and/or business purposes. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.
Sharing you personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Fourthwall to power our online store. We also use Google Analytics to help us understand how our customers use the Site
We may also share your Personal Information with: (i) our staff, data persons (or entities) in charge of maintaining and recording such information; (ii) an agent retained by us in connection with the collection of your account; (iii) a person who, in our reasonable judgment, is seeking the information as your agent; (iv) third parties pursuant to your consent and/or where required by law; and/or (v) third parties involved in providing Site services, provided, only on a need-to-know basis in order to provide the services. Any such third party shall be prohibited from sharing or using your Personal Information except as necessary to perform the services or to comply with applicable legal and regulatory requirements.
We may also share Personal Information with our accountants, attorneys, and other professional advisors who owe us a duty of confidentiality.
If you choose to share information with social media services about your activities on the Site, then we may share your Personal Information and information about your use of the Site with such social media websites. Use of social media service websites is governed by the privacy practices and policies of those websites, including, without limitation, your ability to opt out of certain settings. Please make sure to read the terms and privacy statements of such social media websites prior to connecting to and/or otherwise accessing the Site via your social media account.
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 requests for information we receive, or to otherwise protect our rights.
Opt Out
You have the right to opt out of certain uses and disclosures of your Personal Information, including, but not limited, newsletters and/or marketing materials we may provide. Where you have consented to our processing of your Personal Information, you may withdraw that consent at any time and opt-out to further processing by contacting us at management@harrymackofficial.com. If you opt-out, we may still collect and use non-personal Information regarding your use of the Site for non-interest based advertising purposes, such as to determine the effectiveness of our marketing and advertising campaigns.
Behavioral advertising
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:
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/.
Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
International Transfer and Hosting of Information
The Site is hosted in the United States. If you are located outside the United States accessing the Site and/or choose to provide Personal Information to us, you authorize us to transfer, store, and use your information in any country where we operate, including the United States. By choosing to visit the Site, utilize the services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed in accordance with the laws of the State of California, and the adjudication of any disputes arising in connection with your use the Site will be in accordance with terms provided herein. Notwithstanding the foregoing, this Privacy Policy, and the collection of information hereunder, shall comply with all relevant data protection provisions, including, without limitation, the Data Protection Act and General Data Protection Regulation.
If you are located outside the United States, you have the right to access your 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 located outside the United Stateswe note that we are processing your information in order to fulfill contracts and/or other services 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. Our legitimate business interests are balanced against your rights and freedoms and we do not process your Personal Information if your rights and freedoms outweigh our legitimate business interests.
Additionally, if you are located outside the United States, We may also process your Personal Information when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our Site, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
Security
When you enter sensitive information, such as a credit card number and/or other Order Information, we use reasonable security measures to protect the confidentiality of the information submitted to us both during transmission and after we receive it.
We take reasonable security measures designed to protect the information that we collect from or about you (including your Personal Information) from theft, copying, unauthorized modification or destruction, unauthorized access, use or disclosure. Notwithstanding, we cannot assure or guarantee that any third party with whom we share information will comply with its obligations regarding such information. Furthermore, even though appropriate measures are used to prevent unauthorized disclosures of information, we cannot assure you that any Personal Information collected or received by us will never be disclosed in a manner that is inconsistent with this Privacy Policy, and do not accept liability for any unintentional disclosure.
California Online Privacy Protection Act
Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing personal information to third parties for the purpose of allowing such third parties to directly market their products and services. If you wish to opt out, you may do so in accordance with the terms set forth in this Privacy Policy. Under California law (and as a result of your ability to opt out as set forth in this Privacy Policy), we are not required to maintain or disclose a list of third parties that receive your personal information for marketing purposes.
Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized
agent:
Right to Know. California customers have the right to request information about the categories and sources of Personal Information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use and third-party disclosures can be found in this Privacy Policy. In addition, you have the right to request a copy of your Personal Information. You may exercise this right once per 12-month period by submitting a request to us at management@harrymackofficial.com.
Right to Delete. California customers have the right to request that we delete some or all of the Personal Information that we have about you, subject to certain exceptions (i.e. complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights). You may exercise your right to delete by contacting us at management@harrymackofficial.com.
Right to Opt Out of Sale of Personal Information. California customers have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. We do not sell personal information, and we do not plan to do so. Should such change, we will notify you and provide an ability to opt out as required.
Non-Discrimination. We won’t discriminate against you because you exercise any rights herein.
To exercise your rights to know and delete, we must be able to verify your identity as the owner of the Personal Information you are inquiring about. We will not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the Personal Information. An authorized agent submitting a request on your behalf must also have access to the email address associated with the Personal Information, along with sufficient evidence that you have authorized that person to submit the request on your behalf.
Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. We also may retain your Personal Information for a longer period of time as needed to provide you services or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate, anonymous data previously collected and/or make anonymous and aggregate your Personal Information.
YouTube and Google
By using the Site you acknowledge that the Site may use the YouTube API services and, as such, the user agrees to be bound by the YouTube terms of service which can found in the following link: https://www.youtube.com/t/terms. By using those services you also acknowledge and agree to the connected use of the Google Privacy Policy which can be found through the following link: https://www.google.com/policies/privacy.
Third Party Websites
The Site may include or offer third party links, products, advertisements, or services (collectively, “Third Party Websites”). We are not responsible for the actions of Third Party Websites. This Privacy Policy does not cover any collection or use of information that Third Party Websites may collect from you, or the practices used by third parties to collect such information. Third Party Websites should have separate and independent privacy policies and terms of use for the purpose of collecting personal information about you. You should consult such Third Party Websites’ privacy policy. We have and assume absolutely no responsibility or liability whatsoever for the activities of Third Party Websites. If you decide to use, click on, access, or provide any personal information to Third Party Websites, you acknowledge that you are doing so at your own risk.
Third Party Payment Processing
When you place an order through the Site, we may process your payments through a Third Party Website, including, without limitation, third-party payment processers. The Third Party Website may collect certain Order Information from you in order to process a payment. In order to delete your payment or billing information, you may need to do so with the Third Party Website.
Children and Our Services
We are committed to the preservation of online privacy for all of our visitors, including children. We sell products intended for purchase by adults (i.e., age 18 or older). If you make a purchase on the Site, you are representing that you are an adult. We will not knowingly collect any Personal Information from children under the age of 18 without the consent of that child's parent or guardian. If you are a child under the age of 18, you are not authorized to use the Site without consent from your parent or legal guardian. If we become aware that Personal Information from a child under 18 has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database. If any parent, guardian or other responsible adult becomes aware that we have collected personal information from a child under the age of 18, please contact us at management@harrymackofficial.com.
Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Please check this page frequently to see any updates or changes to this Privacy Policy. Each time you use the Site, the current version of the Privacy Policy will apply. Accordingly, when you use the Site, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. Your continued use of the Site constitutes your agreement to this Privacy Policy and any future revisions, updates, or modifications. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Site.
General Provisions
This Privacy Policy sets forth the entire understanding between us regarding use of your Personal Information collected through using and/or accessing the Site. In the event that any one or more of the terms and conditions contained in this Privacy Policy is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Our failure to insist upon strict adherence to any term contained in this Privacy Policy shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in this Privacy Policy. You agree to make a good faith effort to resolve any actual or threatened breach of this Privacy Policy, or any other dispute arising under or in connection with this Privacy Policy. In the event we are unable to come to resolution, you agree that any dispute that we may have shall be resolved via by binding arbitration under the administration and applicable rules of the American Arbitration Association. The arbitration shall be held in Los Angeles, California, or another mutually agreeable location. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys' fees. Notwithstanding the foregoing arbitration provisions, in no event shall we be precluded or delayed from obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, as deemed reasonably necessary to defend or enforce our rights under this Privacy Policy, in any court(s) of competent jurisdiction located in Los Angeles, California, and through your use of the Site, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue.
Contact us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at management@harrymackofficial.comor by mail using the details provided below:
ATTN: Harry Mack Official
Re: Privacy Compliance Officer
Fourthwall, Inc, PO Box 5696, Santa Monica CA 90405, United States
