Privacy Policy

Privacy Policy of GATSBY® (Komodidad Distributors, Inc.)

Last Updated: April 1, 2024

This Privacy Policy explains how Komodidad Dist, Inc. dba GATSBY® , a duly organize corporation ("Company," "we," "us," or "our"), may gather, collect, record, hold, distribute, share, disclose, or otherwise use any information or data about any user ("user," "you," or "your") of the Company's website at https://shopGATSBY® .com ("Company Website") or through any other program, activity, technology platform, technology application, or service offered by the Company (collectively referred to as "Company Programs").

By continuing to use the Company Website or any other Company Program offered by the Company, you hereby agree to be bound by all the terms and conditions of this Policy as it is presented to you as of the date of your first use of any Company Program. If you do not agree to all the terms and conditions of this Policy, or you do not wish your personal information to be used pursuant to this Privacy Policy, then you should not use any Company Program and you should not provide any of your personal information to Komodidad Dist, Inc. dba GATSBY®.

This is a binding contract between you and the Company. You should download and print this Privacy Policy for your records.

Notice to California Residents: The California Consumer Privacy Act (CCPA) provides California residents with specific rights, which are explained in the following sections.

Notice under the European Union’s General Data Protection Regulation (GDPR): The GDPR provides the EU’s data subjects with specific rights, which are explained in the following sections.

Section 1 - Information We Collect

We collect Personal Information that you provide directly to us. For example, we may collect Personal Information from you under these circumstances:

- When you inquire about any of our products or services or you make an online purchase, we may collect and use your Personal Information to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, and to provide customer service and future promotional offers.

- If you create an online account with us that enables you to track your orders or receive "back in stock" notifications, we may collect and use your Personal Information to keep you updated about special offers and updates related to the Company and the Company Website.

- If you request any customer support or request any exchange or return of any of the Company's products or services.

- If you sign up to receive promotional emails or marketing from us or if you otherwise request any information from or about the Company, we may contact you about sales, special offers, and new features available through the Company Website.

- If you participate in a contest, promotion, or sweepstakes that we sponsor, we may contact you regarding the promotion or other promotional and special offers.

- If you provide us with any other Personal Information about you through the Company Website or any other Company Program, or via telephone.

- If you fill out any other information through any Company Program.

- We also may obtain, collect, and aggregate information (including Personal Information) about you that is provided to us by third parties such as third-party social media sites that you may participate in and who collaborate or work with us, as well as from other advertising networks, marketing service providers, demographic companies, analytics companies, and other vendors that collaborate or work with us.

- If you communicate with any other representative of our Company or otherwise communicate with us in any other way.

In these instances, the types of Personal Information that we may collect from you include:

- Your name, mailing address, billing address, email address, phone (or mobile) number, date of birth or age.

- Credit or debit card number and other information about the same (if you make a payment either directly to us or by using a third-party payment provider that handles payments and will receive your payment card information).

- Information about your bank or checking account (if you make a payment through your bank transfer).

- Gift card information or related gift information.

- Information you provide when you purchase any of our goods or services, including product or service parameters or preferences you provided when making a purchase.

- Information you provide or otherwise involved in the return or exchange of a product, such as information about the transaction, product details, purchase price, and the date and location/media of the transaction.

When a user accesses or otherwise uses the Company Website or any other Company Program, we automatically collect certain Personal Information about you, including:

Device Information; Cookies and other Web-based Tracking Technologies: We (or our service providers or contractors) may collect information about the computer, tablet, phone, or other devices you use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information, and other unique device identifiers. We (or our service providers) may also use different technologies such as cookies, web beacons, or other types of small temporary files or web-based tracking technologies to gather certain information. Without limiting the foregoing, we hereby notify you of the following:

 - We and/or our service providers or contractors may use cookies, pixel tags, web beacons, Adobe flash technology, and other similar technologies, which allow us to, among other things, optimize the Company Website and to understand traffic and usage patterns. A “cookie” is a small data file that is stored on your hard drive or in connection with your Internet browser which may be session-based or persistent. Cookies allow parties (including us, our service providers, and others) to: (a) track your activities on the Company Website; (b) track clicks, purchases, and conversion; (c) recognize your computer or device so that you are able to save your preferences and stay logged in to the Company Website without having to re-enter your account credentials; (d) deliver customized content, messages, and advertising to you; (e) preserve the contents of your shopping cart; and/or (f) otherwise enhance and personalize your experience on the Company Website. If you do not want information collected through cookies, most devices allow you to decline the use of cookies. However, disabling cookies may result in not being able to use or to enjoy all of the services and features of the Company Website.

 - We and/or our service providers or contractors may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain website experiences, processes, and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. For more information about cookies, please visit: https://www.allaboutcookies.org/.

 - We and/or our service providers or contractors may also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes. These beacons or tags are typically small images embedded into emails or the website that verify when the website is viewed, when an email is opened, and when links or other content in an email are clicked or viewed. The following third parties collect Personal Information from you when you visit the Company Website:

 - Shopify & Corresponding Apps

 - Google

 - ERP System

 - Gorgias

 - Klaviyo

 - Attentive

 - Facebook

 - Instagram

 - ApplePay

 - PayPal

 - AmazonPay

 - Shipping Providers

 - Flow / Global-e

Mobile Access from Social Media Platforms and Networks: If you use a social media platform (such as Facebook) or a mobile device or application to interact with the Company Website, these platforms or applications may collect your Internet Protocol address or other Personal Information about you or information about your device and they may set a cookie to enable their features to function properly. These platforms or applications may have their own privacy statement and/or privacy policy that governs the use of Personal Information related to that platform or application (see Section 8 regarding Third-Party Sites). For example, if you use a mobile application and your mobile device’s settings allow it, we or our service providers may collect mobile location information from your device, whether or not you are logged into our Company Website. If you have questions about the security and privacy settings of your mobile device please refer to instructions from your mobile service provider or the manufacturer of your device, and for any third-party platform you use to access our Company Website, please review their privacy policies and terms of use.

Geo-Location Data: Subject to any of your device permissions, we (or our service providers) may be able to collect information about the precise location of your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).

Personal Information does not include:

- Publicly available information from government records.

- De-identified or aggregated consumer information.

- Information excluded from the CCPA's scope, such as: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Section 2 - How We Use Your Information

Provide Service To You: We use your Personal Information to process purchase transactions, fulfill orders, process exchanges, returns and send shipping notifications, to send support and administrative messages, and to respond to your comments, questions, and customer service requests.

Access and Use: If you provide Personal Information in order to obtain access to or use of the Company Website, we will use the Personal Information to provide you with and monitor such access and use. We may also use your Personal Information to personalize your experience and the advertisements and content you see when you use any Company Program based on your preferences, interests, and browsing and purchasing behavior.

Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to:

 - Help us improve the content and functionality of the Company Website and to better understand our users, including without limitation to monitor and analyze trends, usage, and activities in connection with our goods or services.

 - Protect against fraud, including without limitation to perform credit checks, credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers.

 - Otherwise manage your account and to generally manage the Company Website and our business.

- **Marketing:** We may use your Personal Information for the following reasons:

 - To communicate with you for certain marketing and advertising purposes, including, without limitation, to inform you about and to facilitate offers, surveys, contests, sweepstakes, or promotions and process and deliver entries and rewards, and to display content and advertising on or off the Company Website which may be of relevance to you.

 - To otherwise communicate with you about any other products, services, offers, and events offered by us and others, and provide news and information we think will be of interest to you.

 - If you prefer not to receive any of the above-mentioned marketing or promotional communications from us, you may "Opt Out" at any time by following the "Opt Out" instructions in Section 5 herein.

Customer Service: If you provide Personal Information for a specific reason (such as the resolution of a customer service issue), we may use the Personal Information in connection with the reason for which it was provided.

Aggregated Personal Data: We (either directly or through a service provider) may conduct research on our customer demographics, interests, and behavior based on Personal Information and other information.

Social Media: To facilitate your use of various social media sharing features or other integrated tools (such as the Facebook "Like" button) which you may use as part of social media pages.

Other Purposes: To carry out any other purpose described to you at the time the Personal Information is collected.

Professional Advisors and Legal Compliance: We may use your Personal Information with, or otherwise distribute, share or disclose to, any of the Company's professional advisors such as attorneys or accountants ("Outside Professionals") in order to facilitate the professional advice from those Outside Professionals. Additionally, we may use your Personal Information with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law, or regulation (including without limitation for the Company's tax reporting).

We will use or share your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, we consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so.

Please note that we may process your Personal Information without your knowledge or additional consent in compliance with this Privacy Policy and where doing so is required or permitted by law, including without limitation any subpoena or other types of court orders.

Section 3 - Sharing of Your Information

We may distribute, share, or disclose Personal Information about you as follows or as otherwise described herein:

- Order Fulfillment: If you choose to make a purchase on the Website, GATSBY®  may provide certain information such as your credit card number, billing address, and other information related to such purchase, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card and/or ship the products).

- Service Providers and Contractors: We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include but are not limited to, payment processing and authorization, third-party credit card processors, other third-party payment service providers, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those service providers provide for us, we may grant them access to certain Personal Information or otherwise share or disclose your Personal Information with these service providers in connection with carrying out the operations of our Company Programs, including without limitation the following types of service providers that we may engage:

 - Email, internet, or other telecommunication service providers.

 - Cloud, other data storage, or other hosting service providers.

 - Third-party payment service providers, including without limitation third-party credit card processors.

 - Analytics companies who assist us with various types of data analytics.

 - Third-party shippers.

 - Other third-party contractors we engage to assist us in providing our goods and services.

- Advertising Partners: We may work with third-party advertising companies (collectively, "Advertising Partners") to provide you with advertisements or other information that we think may interest you. These Advertising partners may set or access their own cookies, pixel tags, or similar technologies on our Company Programs or they may otherwise collect or have access to data about you which they may collect over time and across different online services. These Advertising partners may also provide us with their own independent data about potential customers and such data could include data about you previously collected by the Advertising Partner.

- Analytics Partners: We may use analytics services provided by third-party analytics service providers or by using one of their tools, such as but not limited to Google Analytics, to collect and process certain analytics data. These services may also collect data about your use of other websites, apps, and online resources. You can read information about how Google Analytics may use your data at [Google's Privacy & Terms] (http://www.google.com/policies/privacy/partners/),[Google’s Privacy Policy] (http://www.google.com/intl/en/policies/privacy/), and [Google Analytics Terms of Use](http://www.google.com/analytics/terms/us.html). Our Website may use certain features of Google Analytics, including:

 - "Demographics and Interest Reporting" to analyze information regarding the interests and demographics of users of the Website. We use such non-personal information in the same manner as we use other non-personal information as described in this Privacy Policy.

 - "Remarketing with Google Analytics" to place ads on other sites directed to people who have visited the Website.

 - "Google Display Network Impression Reporting" to report how people's interactions with our ads relate to their visits to the Website.

 - You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings at [Google's Ad Settings](https://support.google.com/ads/answer/2662856). You also can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser at [Google Analytics Opt-out Browser Add-on](https://tools.google.com/dlpage/gaoptout/).

- Third-Party Marketers: We may share certain information with other marketers whose products or services we feel may be of interest to you.

- Social Media Features: The Company Programs may offer social media features, including certain sharing tools or other integrated tools (such as the Facebook "Like" button), which let you share actions that you take on our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings you establish with the entity that provides the social sharing feature.

- Facebook and Instagram Advertising:  Without limiting the above description about social media features, we may, in particular, share your Personal Information with Facebook. We use a measurement tag ("Measurement Tag") that is a Facebook Product that allows us to send data about the performance of our ads ("Campaign Data") to Facebook, including tracking impressions and clicks on those ads. Facebook may process Campaign Data to prepare reports on the impact of advertising campaigns and other online content ("Campaign Reports"). Facebook will not disclose the Campaign Reports, or any portion thereof, to any third party without our permission, unless (i) they have been combined with Campaign Reports from numerous other third parties and (ii) our identifying information is removed from the combined Campaign Reports. Facebook uses Campaign Data (including that collected on cross-publisher campaigns) to assess the fractional performance of ads delivered on or through the Facebook Company Products (such ads, the "Facebook Ads") only and use only the results of that Facebook Ad-specific assessment in connection with ad targeting and delivery optimization. Facebook will not otherwise use Campaign Data to retarget advertising to an individual, to append information specific to ads other than Facebook Ads to user profiles, or in association with our brand (except to provide services to you), unless Facebook has permission or is required to do so by law. Facebook may also use Campaign Data to promote safety and security on and off the Facebook Company Products, to provide measurement and analytics services, for research and development purposes, and to maintain the integrity of and to improve the Facebook Company Products. For more information and the latest version of how Facebook uses data you can visit: [Facebook's Privacy Explanation](https://www.facebook.com/privacy/explanation) and [Sharing Partner Information](https://www.facebook.com/privacy/explanation#sharing-partner-information).

- Business Transfers, Mergers, Sales, or Other Asset Transfers: We may share or disclose or otherwise transfer your Personal Information to the Company's Outside Professionals (as defined in Section 2 herein), other advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your Personal Information following any of these events will be governed by this Privacy Policy.

- Affiliates and Subsidiaries: We may disclose your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.

- Third Parties: Third parties may collect personal information from you, as set forth in Section 1 of this Privacy Policy.

- Legal Requirements, Subpoenas or Similar Government Orders: We may access, preserve, share, or disclose your Personal Information if we believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to your requests; or (iv) protect your, our, or others' rights, property, or safety. For the avoidance of doubt, we may be required to disclose your Personal Information to: (i) taxing authorities as part of our tax reporting requirements; or (ii) law enforcement authorities or other governmental agencies or via subpoena arising out of your use of any unlawful or infringing content while using any Company Program.

- Company’s Outside Professional Advisors: We may share or disclose your Personal Information with any of the Company's Outside Professional Advisors (as defined in Section 2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.

- Aggregated Form: We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users' interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.

- Other Uses: We may use your Personal Information for other purposes upon obtaining your permission.

Section 4 - Additional Rights of California Residents Under the CCPA

Personal Information Shared for Direct Marketing Purposes:

If you are a California resident and have provided personal information to us, you are entitled by law to request certain information about the personal information we shared, if any, with other businesses for their own direct marketing uses. To make such a request, fill out our CCPA request form linked here or send an email to privacy@shopgatsby.com with "Request for California Privacy Information" on the subject line and in the body of your message, include the website or line of business to which your request pertains. We will provide the requested information to you at your e-mail address in response. Please allow thirty (30) days for a response. We are required to respond to only one request per customer each year, and we are not required to respond to requests made by means other than through the above email address or form.

We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so. You may make such a request by sending us an email at privacy@shopgatsby.com or mailing your request to Komodidad Dist, Inc. dba GATSBY® , PO Box 6359, Caguas PR 00725-6359, Attn: Privacy Team. When contacting us, please indicate your name, address, email address, which website or line of business to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.

California Do Not Track Disclosures:

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third-party ad networks, social networks, and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit [All About DNT](www.allaboutdnt.org).

CCPA Rights:

In addition to the other notices that we have provided in this California Privacy Policy, we hereby provide the following notices to all California residents regarding their rights under the CCPA:

Each user has the right to request that the Company disclose certain information to you about the Company’s collection and use of your Personal Information over the past 12 months. Once the Company receives and confirms your verifiable consumer request (see Section: Exercising Your Access, Data Portability, Data Correction, and Deletion Rights), the Company will disclose to you (per your request):

- The categories of Personal Information we collected about you, including Sensitive Personal Information.

- The categories of sources for the Personal Information we collected about you.

- Our business or commercial purpose for collecting, sharing, or selling that Personal Information.

- The categories of third parties with whom we share that Personal Information.

- The specific pieces of Personal Information we collected about you (also called a data portability request).

Please note that we are not required to:

- Retain any personal information about you if, in the ordinary course of business, that information about you is not retained.

- Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information.

- Provide the personal information to you more than twice in a 12-month period.

Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose:

We do not sell consumers’ personal information for money. We do, however, share consumers’ personal information with certain third parties in ways that might be considered a “sale” of personal information under the California Consumer Privacy Act, even though we do not receive any fee from the third parties in exchange. In connection with any personal information we may "sell", share, or disclose to a third party for a business purpose, you have the right to know:

- The categories of personal information about you that we have sold or shared and the categories of third parties to whom the personal information was sold or shared.

- The categories of personal information that we have disclosed about you for a business purpose and the categories of persons to whom the personal information was disclosed for a business purpose.

Each user has the right to request that the Company delete any of your Personal Information that the Company collected from you and retained, subject to certain exceptions. Once the Company receives and confirms your verifiable consumer request (see Section: Exercising Your Access, Data Portability, Data Correction, and Deletion Rights), the Company will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. However, the Company may deny your deletion request if retaining the information is necessary for the Company or its service provider(s) to:

- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

- Debug products to identify and repair errors that impair existing intended functionality.

- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent.

- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

- Comply with a legal obligation.

- Make other internal or lawful uses of that information that are compatible with the context in which you provided it.

Each user has the right to request correction of inaccurate personal information maintained by us about you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.

To exercise the access, data portability, deletion rights, correction rights, and other rights described in this Section 4, the user must submit a verifiable consumer request to the Company by either:

- Calling the Company at 1-787-746-3188

- Emailing the Company at: privacy@shopgatsby.com

- Completing the attached consumer request web form – Click to access the consumer web form.

Please note that you may only make a data access or data portability disclosure request twice within a 12-month period.

If you choose to contact us directly, you will need to provide us with:

- Enough information to identify you (e.g., your full name, address, and customer or matter reference number).

- A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access, correction, deletion,

or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

The verification we may request will reflect personal information that you have previously provided to us.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. These requests are free, though we reserve the right to implement a reasonable fee for excessive or complex requests you may submit. The verifiable consumer request must:

- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Before responding to a request by you, we will ask you to verify your identity using personal information you have previously provided to us, in order to protect your privacy. The manner in which we do so will vary on how you make a request and what is being requested. For example, if you submit an inquiry via email, we will respond with an email requesting verification. Otherwise, we may ask you verbally if you make this request over the phone (or in person). We may not be able to oblige all requests, as we are prohibited from disclosing some information.

In the event that you are using an authorized agent to request a disclosure, correction, or the deletion of your information, we may ask you to send us a signed letter, including your name, email, your agent's name, and your agent's email, authorizing your agent. We may then ask you to verify your identity with us by email before responding to a request by your agent. Alternatively, you may directly confirm with us that the agent is authorized to submit the request.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Response Timing and Format:

We endeavor to respond to a verifiable consumer request for access, correction, or deletion within forty-five (45) days of its receipt, and a verifiable opt-out or limit use request within fifteen (15) days from receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt, or after January 1, 2022 – as directed by you. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Personal Information Sales Opt-Out and Opt-In Rights:

If you are 16 years of age or older, you have the right to opt-out and direct us to not sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

Section 5 - Certain Additional Choices You May Have About Your Information

Right to Opt-Out of the Sale or Sharing of Personal Information:

You have the right to opt-out of the sale or sharing of your personal information.

You have the right to direct us to not sell or share your personal information at any time (the "right to opt-out"). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: (Link to Webform to Opt-Out)

Do Not Sell or Share My Personal Information:

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at privacy@shopgatsby.com

If you are subscribed to receive promotional communication from us you may unsubscribe by taking the following steps:

- To unsubscribe from our promotional email communications (e.g., New arrivals or sale announcements, etc.) please (Link to Unsubscribe your Email). Please note you may still receive transactional communications if you place an order, return an item, or contact our customer service.

- To unsubscribe from our promotional SMS/MMS communications (e.g., New arrivals or sale announcements, etc.) please text STOP to the last message you received from us.

Right to Limit Use and Disclosure of Sensitive Personal Information:

You have the right to opt-out of the use and disclosure of your sensitive personal information for anything other than supplying requested goods or services.

You have the right to direct us to limit the use and disclosure of your sensitive personal information at any time (the "right to opt-out"). To exercise the right to limit the use and disclosure, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: (Link to Webform)

Limit Use and Disclosure of My Sensitive Personal Information:

You do not need to create an account with us to exercise your limit use and disclosure rights. We will only use personal information provided in a limit use request to review and comply with the request.

Please note that GATSBY®  can use sensitive personal information for the following purposes, and you do not have the right to limit the use and disclosure of sensitive personal information being used in the following ways:

- To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.

- To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this.

- To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

- To ensure the physical safety of natural persons, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

- For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.

- To perform services on behalf of the business, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.

- To verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business.

Once we receive your Opt-Out notice, we will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such Opt-Out requests, provided, however, we do not have any obligation to retrieve, and cannot prevent the further use by others of, any of your Personal Information which may have been shared up to that time by us with other parties as permitted by the provisions of this Privacy Policy.

If you elect to Opt-Out, and provided you properly delivered your Opt-Out request to the Company in accordance with this Section 5.2, you will no longer receive emails directly from us after a commercially reasonable time from the date you sent your Opt-Out notice to the Company, provided, however:

- The Company does not have any obligations under, or liability arising out of, this Privacy Policy with regard to your decision to share your Personal Information with, or use by, any other internet websites, forums, or programs that you may have linked to via the Company Website which are not under the Company’s direct control or ownership. Accordingly, after sending your Opt-Out to the Company, you may need to contact these other entities directly regarding their use of your Personal Information (see Section 8 regarding Third-Party Sites).

- If you Opt-Out of receiving future communications, you may still be sent certain transactional communications related to the purchase or shipment of those items. For example, if you placed an order online, we will send you an email confirming your order and may need to contact you by phone, email, and/or regular mail if we have questions about your order.

- Even after you Opt-Out, we may send you messages if we are required to do so by law.

Section 6 – Right to Non-Discrimination

The Company will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:

- Deny you goods or services.

- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

- Provide you a different level or quality of goods or services.

- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Section 7 - Enforcement of This Privacy Policy by Company

Each user confirms and agrees that by the user’s act of using any of the Company Programs, including without limitation to uploading any of the user’s Personal Information or any other content via any Company Program, the user: (a) unconditionally agrees to all of the terms and conditions of this Privacy Policy; and (b) further agrees that no provision of this California Privacy Policy shall limit, condition, alter, or amend, in any way whatsoever, any rights that the user may have separately granted to the Company pursuant to any other agreement that the user may have separately entered into with the Company.

Section 8 - User Responsible for Updating User’s Own Personal Information

Users are solely responsible for correcting, updating, or modifying any and all of the user’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, the user acknowledges and agrees that the Company does not have an independent obligation to maintain the accuracy or completeness of any of the Personal Information provided by the user to the Company, including such Personal Information once it is stored, described or otherwise contained in the Company Website or in any other Company Program.

Section 9 - Links to, and Use of, Third-Party Sites or Programs

The Company Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums, or other programs which are not under the Company’s sole control and not solely owned by the Company (collectively referred to as “Third-Party Sites”). If a user clicks on a link to, or otherwise gains access to, any such Third-Party Site, the user will be transported to one of these Third-Party Sites.

This Privacy Policy only applies to the Company Website and the other Company Programs directly owned by the Company. Therefore, this Privacy Policy:

- Does not describe the privacy policies of any of these Third-Party Sites.

- Does not govern the collection or use of your Personal Information by the Third-Party Sites.

The Company is not responsible for the privacy practices of any of these Third-Party Sites. If a user clicks on a link to, or is sent to a link of, or otherwise gains access to, a Third-Party Site, the user should review the privacy statements or policies of such Third-Par