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Below is ABLY® Apparel’s new Privacy & Cookies Policy, which will become effective on May 25, 2018.
Effective as of May 25, 2018
In this privacy & cookies policy (“Policy”), we describe the information that we collect about you, that you provide to us, is provided to us by third parties, and will be processed by us, as you use this website (our “Website”) and the services available through this Website, and our mobile website (collectively, our “Services”). We recommend that you read this policy carefully in order to understand what ABLY® Apparel and our affiliate companies (“we”, “us”, “ABLY”) do with your personal information. Your use of our Website and Services and any dispute over privacy, is subject to this Policy and any of our applicable Terms and Conditions for use of our Services, including their applicable limitations on damages and the resolution of disputes. Our Terms and Conditions for our Services are incorporated by reference into this Policy.
By visiting www.ablyapparel.com you are accepting and consenting to the practices described in this Policy. Regardless of the applicable law set forth in the ABLY Terms and Conditions for use of our Services, however, please note that any disputes arising under this Policy will be interpreted in accordance with the Governing Law provision set forth below.
How does ABLY collect my information?
We collect information directly from you, about you from third parties such as our marketing affiliates and service providers used to verify your identity and prevent fraudulent activity, other ABLY users and other ABLY clients or customers for the purpose of providing the ABLY Services to you, and automatically as you use our Website and the Services.
When does ABLY collect my information?
When you use our Services, you contact us with questions, and you otherwise choose to provide information to us.
We receive information about you from affiliates or other ABLY users if they provide us your name through our referral programs, and other third parties (e.g., entities that assist us in validating your identity, among others). We may combine this with other information that we collect about you.
What information does ABLY collect?
The types of information we collect about you depends on your particular interaction with our Website and our Services, and might include, where permitted by applicable law:
You are responsible for providing accurate and up-to-date information. If you choose to participate in our Refer a Friend program, you acknowledge that you have your friend’s consent to provide your friend’s information to us.
We share your information with third parties, including service providers, regulated institutions (e.g., financial institutions), affiliated entities, and business partners as set out in the table below. In the section below, we also list the reasons why we share information.
How and Why We Share Your Information
Does ABLY Share?
With our service providers and affiliates – to assist us with the provision of the Services and our everyday business purposes, such as to verify your identity, prevent fraudulent activity, conduct internal research and analytical assessments, process your transactions, maintain your account(s) and provide you with customer care services.
With fraud prevention and detection service providers - for the purpose of detecting and preventing fraudulent activity. Such service providers may keep records of information provided and use it when providing fraud detection and prevention services to other users of their databases.
For marketing purposes:
With other ABLY clients, customers or third parties using our services - to perform the Services, assist in carrying out your transactions with such clients, customers or third parties or for purposes of our refer-a-friend program(s).
In response to legal process – to comply with the law, a judicial proceeding, subpoena, court order, or other legal process.
In connection with business transfers – to another entity if we are acquired by or merged with such other entity, if substantially all of our assets are transferred to such other entity, or as part of a bankruptcy proceeding.
To protect us and others – we may disclose your information when we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or this Policy, or as evidence in litigation in which we are involved.
Aggregate and de-identified information – we may disclose aggregate or de-identified information about users for marketing, advertising, research, or similar purposes.
* If you do not want us to use your details for us to market to you, and/or to pass your details on to third parties for marketing purposes, please contact us through the email address listed in the Section titled “Contact Us, Questions, Updating Your Info, Opting Out” below. You will also be able to unsubscribe from any marketing emails sent to you by ABLY using a link provided in the email.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Website and Service. There are four types of cookie:
Strictly necessary cookies These are cookies that are required for the operation of our Website. They include, for example, cookies that enable users to log into secure areas of our Website.
Analytical/performance cookies. These types of cookies allow us to recognize, count the number of visitors, and see how visitors move around our Website when they are using it. This assists us to improve the way in which our Website works, for example, by ensuring that you can find what you are looking for easily.
Functionality cookies These cookies are used to recognize you when you return to our Website. They enable the personalization of content, recognition of users, and also remember your user preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our Website, the individual pages you visit and the links followed. If the cookie is set by a third party (for example, an advertising network) which also monitors traffic on other websites, this type of cookie may also be used to track your movements across different websites and to create profiles of your general online behavior. Information collected by tracking cookies is commonly used to target online advertising.
The four types of cookies above will be either session cookies or persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Website or Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Website or Services.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to remember your user information, preferences and activity, to enable us to provide our services to you when you next return to our Website or Services. We also use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website or Services to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website and Services usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Changing or Disabling your Cookie Settings. Most web browsers automatically accept cookies, but if you prefer you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable their web browsers’ ability to accept cookies will be able to browse the Website; however, most site features may not function if you disable cookies and you will not be able to login to use our services.
We use automated devices and applications, such as Google Analytics, to evaluate use of our Website and the Services. To opt-out of Google Analytics, please go to: https://tools.google.com/dlpage/gaoptout/. Please note that if you use a new or different computer, install a new browser, or clear your cookies; in that case, you will need to re-opt-out through the link above.
You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).
Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Website or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or mobile device or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.
This Policy may change from time to time. Any changes in the future will be posted on our Website and, where appropriate, notified to you by email or in your “My Account” on the Website. Please check back frequently to see any updates or changes to our Policy. We will not materially reduce your rights under this Policy without taking steps to bring such changes to your attention.
If you are an ABLY customer and would like to update your information, please log into your “My Account” in order to update certain information or contact us through the contact information below. If you are not an ABLY customer, but have provided us with information, and would like to update your information, you may contact us through the phone number or email address listed below. From time to time, we may email you with special offers; you may opt-out of those offers through the email or by contacting us as noted below.
This Policy shall be governed by and interpreted in accordance with the laws of the State of Washington, and any dispute hereunder shall be brought exclusively in the courts of the State of Washington except where prohibited by US law.
Any and all content provided on this Website or the Services, including links to other websites is provided for information purposes only and does not constitute advice, recommendation or support of such content or website. ABLY makes every effort to provide true and accurate content on its Website. However, ABLY provides no warranty, express or implied, of the accuracy, completeness, timeliness, or applicability of such content. ABLY accepts no responsibility for and excludes all liability in connection with information provided on the ABLY website, including but not limited to any liability for errors, inaccuracies or omissions.
The table headed “How and Why We Share Your Information” in the main part of the Policy under the heading “WHEN DO WE SHARE YOUR INFORMATION” lists who we may share your information with, which include transfers for reasons of legal compliance and necessity in order to provide you with our Services.
You should be aware that when sharing your information, it may be transferred to, and stored at, a destination outside the EEA.
Please note that where data is transferred outside of the EEA, non-EEA countries may not offer the same level of protection for personal data as is available in the EEA. ABLY will take various measures to ensure that your data is treated securely, which may include, but not be limited to:
assessing the security measures taken at any place your data is transferred to; having suitable contract terms in place that oblige a data processor to only process in accordance with our instructions; and having monitoring, reporting and resolution procedures in place with regard to ongoing security.
Please contact us if you require more detailed information about international transfers of your information, and the particular safeguards used.
We process your information based on the following legal grounds, as recognized by and in compliance with the applicable data protection laws:
Sometimes we process data about you which the law considers to fall within special categories (see section “What data do we process about you?” for more details), in which case, we use one of the following grounds:
If you would like more information about the legal grounds used to process your information, or about the legitimate interests referred to above, please contact us.
In cases where we have asked for, and you have given, your consent to our processing of your personal data, you have the right to withdraw such consent at any time. You can do this by contacting us at email@example.com.
In most cases, providing your personal data to us is optional, however, if you do not provide it, you will not be able to use our Services. For example, we need details such as your name, address and payment information so that we can receive payments from you and ship product to you. In other cases, you have a choice over whether we collect your personal data, for example, you can turn off cookies on your browser and we will not place any cookies on your device or computer (although in this case you may not be able to use all parts of our website).
ABLY retains your information as required by applicable laws or regulations and/or in accordance with ABLY’s internal policies and procedures for purposes of prevention of fraudulent activity, risk management and security. ABLY will periodically review the necessity of retention of your data.
You have several rights in relation to your personal data which are described in more detail below. You can exercise your rights at any time by contacting us at firstname.lastname@example.org .
Accessing your data
You do not have to pay a fee for a copy of your information unless your request is unfounded, respective or excessive, in which case we will charge a reasonable amount in the circumstances. We will let you know of any charges before completing your request.
We aim to respond to you within 1 (one) month of receiving your request unless it is particularly complicated or you have made several requests, in which case we aim to respond within 3 (three) months. We will let you know if we are going to take longer than 1 (one) month in dealing with your request. If we have a lot of information about you we might ask you if you can tell us what exactly you want to receive. This will help us action your request more quickly.
Correcting your data
You can ask us to correct any data which is inaccurate or incomplete. This is free of charge.
If we have shared the data with anyone else, we will tell them about the correction wherever possible. We aim to deal with requests for correction within 1 (one) month, although it might take us up to 3 (three) months if your request is particularly complicated.
If we cannot action a request to correct your data, we will let you know and explain why this is.
Erasing your data
This right is sometimes referred to as “the right to be forgotten”. This is not an absolute right but you have the right to have your data erased, free of charge, in certain circumstances.
You can ask for your data to be erased where:
it is no longer necessary for the purpose for which it was originally collected or processed;
we are processing your data based on your consent, and you withdraw that consent;
you object to the processing and we do not have an overriding legitimate interest for continuing;
There are some exceptions to this right. If one of these applies, we do not have to delete the data.
If we have shared your data with third parties, we will tell them about the erasure of your data unless this is impossible or would involve disproportionate effort.
Restricting the processing of your data
You can ask us to restrict the processing of your personal data in some circumstances, free of charge. This is not an absolute right. If processing is restricted we can store the data and retain enough information to make sure the restriction is respected, but we cannot further process your data.
You can restrict the processing of your personal data in the following cases:
If we have disclosed the data to a third party, we will inform them about the restriction unless it is impossible or would require a disproportionate effort. We will tell you if we decide to lift a restriction on processing your data.
Objecting to the processing of your data
Objecting to the processing of your data is free of charge. It is not an absolute right but you can object to our processing of your data where it is:
We will stop processing your personal data unless we have compelling legitimate grounds for the processing which override your interests and rights, or unless we are processing the data for the establishment, exercise or defense of legal claims.
You can require us to stop using your data for direct marketing purposes. We will stop as soon as we receive your request. There are no exemptions or reasons for us to refuse.
This allows you to obtain and reuse your personal data for your own purposes across different services. It applies where the following conditions are met:
We will provide your data free of charge in a structured, commonly used and machine-readable form. We aim to provide your data within 1 (one) month of receiving your request unless it is particularly complicated or you have made several requests, in which case we aim to respond within 3 (three) months. If we are going to take longer than 1 (one) month we will let you know and explain why we need more time. If we consider that we cannot provide you with your data, we will contact you and explain why this is.
Automated decision making and profiling
You have the right not to be subject to a decision which is based on automated processing and which produces a legal (or similarly significant) effect on you.
We will tell you about any automated decision making that affects you. You have the right to:
These rights are not absolute. They do not apply if the decision is: