Privacy Policy

This Privacy Policy describes how www.ecletticos.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site. This Privacy Policy applies only to information that you provide to us through the Site and during your communications with us. This Privacy Policy may be updated from time to time to reflect changes to our information practices. We encourage you to periodically review this page for the latest information on our privacy practices. We know that you care about how your information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Please read this Privacy Policy before using the site or submitting any personal information. (Privacy Policy Updated: May 7, 2021)

By visiting the Site, or communicating with us via email, text, or other messenger services, you are accepting the terms of and the practices described in this Privacy Policy. You also consent to receive communications from us electronically, whether by phone, email, or another communications medium. You understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. If you do not agree to this, please refrain from using the Site. Your continued use of the Site following the posting of changes to these terms will indicate your acceptance of those changes. WE MAY ALSO COMMUNICATE WITH YOU BY SMS, MMS, TEXT MESSAGE OR OTHER ELECTRONIC MEANS TO YOUR MOBILE DEVICE. CONSENT TO THE TERMS OF THIS PRIVACY POLICY IS NOT A CONDITION OF PURCHASE.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis, and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

INTERNATIONAL DATA TRANSFER

YOUR INFORMATION MAY BE TRANSFERRED TO – AND MAINTAINED ON – COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, WE OR OUR BUSINESS PARTNERS MAY TRANSFER PERSONAL INFORMATION TO THE UNITED STATES AND PROCESS IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected, without limitation: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels. FB Pixel, Hotjar, Google Analytics are additional sources of collected data.
  • Disclosure for a business purpose: shared with our processor Shopify, Paypal, Rush Tracking, Honest Fulphillment, and other processors we may engage in the future.

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify, Paypal, Rush Tracking, Honest Fulphillment, and other business affiliates or vendors that we utilize to enhance your experience in using the Site, or processing your orders from us. 

Customer support information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: Freshdesk

Minors

The Site is not intended for individuals under the age of 13. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

 

USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Site, to provide services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Registered Users and improvement of the features of the service) or to assist us in analyzing how our Site is used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our Business Partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt-out of receiving such communications.

COLLECTION OF INFORMATION BY THIRD-PARTY SITES, OFFERINGS, AND SPONSORS

Our Site may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy policies as we have no control over information that is submitted to, or collected by, these third parties. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

We may collect information from you on behalf of third-party service providers with whom we have pre-existing relationships to assist you in your purchase of our products. This may include information provided to third-party companies offering to provide financing or leasing products to you in connection with your purchase of our products. Any information that we collect from these third parties will be used solely for the purpose of evaluating your ability to complete your purchase of our products. We will use reasonable commercial efforts to safeguard any sensitive personal or financial information you provide, or that is provided to us by these third parties. WE SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY ASSOCIATED WITH THE DISCLOSURE OF ANY PERSONAL INFORMATION THAT YOU PROVIDE TO THIRD-PARTIES WHICH IS NOT A RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example, without limitation:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We may share information you provide about yourself with our trusted business partners, affiliates, parents, and subsidiaries (collectively our “Business Partners”) in order to communicate special promotions. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. 

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 example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

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:

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/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

 

  • Your consent;
  • The performance of the contract between you and the Site;
  • Compliance with our legal obligations;
  • To protect your vital interests;
  • To perform a task carried out in the public interest;
  • For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

 

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with deny listed IP addresses. This denylist persists for a small number of days.

Selling Personal Information

Our Site sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).

  • We collect personally identifiable information as outlined above. This information is used for the following
    • To complete a business transaction
    • To marketing emails to customers who opt-in to receiving marketing emails
    • To send directed advertising through 3rd party advertisers such as Facebook and Google
  • You can request deletion of your data that has been shared with 3rd party advertisers by emailing support@ecletticos.com with the Subject: CCPA Data Deletion Request.
  • You can opt-out of marketing emails by clicking here

Your rights

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

 

CALIFORNIA RESIDENTS

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below:

Notice before collection: We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.

Request to delete: California residents have the right to request, at no charge, deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies. We will respond to verifiable requests received from California residents as required by law.

Request to know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, a readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including: categories of personal information collected; categories of sources of personal information; business and/or commercial purposes for collecting and selling their personal information; categories of third parties/with whom we have disclosed or shared their personal information; categories of personal information that we have disclosed or shared with a third party for a business purpose; and categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

Do-not-sell (opt-out/opt-in): California residents have the right to opt-out of our sale of their personal information. Further businesses may not knowingly sell personal information about minors under 16 years old without prior express consent.

Discrimination and financial incentives: The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. A business may offer financial incentives for the collection, sale, or deletion of California residents’ personal information, where the incentive is not unjust, unreasonable, coercive, or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent. We do not offer any such incentives at this time.

California residents may submit a request to know or a request to delete to us by emailing us at info@ultimatetoys.com  We may require additional information from you in order to verify your request. We will respond to verifiable requests received from California residents as required by law. If you have a disability, you may request a copy of this Policy or any other required accommodation be provided to you by contacting us.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name

Function

_ab

Used in connection with access to admin.

_secure_session_id

Used in connection with navigation through a storefront.

cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

secret

Used in connection with checkout.

secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

_shopify_u

Used to facilitate updating customer account information.

Reporting and Analytics

Name

Function

_tracking_consent

Tracking preferences.

_landing_page

Track landing pages

_orig_referrer

Track landing pages

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

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.

 

WARRANTY DISCLAIMER

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS”, “WITH ALL FAULTS”, AND “AS-AVAILABLE” BASIS. WWW.ECLETTICOS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS-FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

WWW.ECLETTICOS.COM, ITS AFFILIATES, PARENTS, SUBSIDIARIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, INDEPENDENT AND SUB-CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS,  SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE AND ACCESS OF THE SITE, THE SERVICES, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE OR USE OF THE SERVICES, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SITE OR USE OF THE SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SITE AND USE OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

OUR COMMITMENT TO SECURITY

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to this information. All marketing emails and newsletters from this site allow you to opt-out of further marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information (such as firewalls and secure sockets layer software) where appropriate. Nevertheless, absolute security does not yet exist on the internet. As we continue to evolve our website and incorporate new technologies to improve communication, our policies may change. We encourage you to refer to this policy on an ongoing basis to stay abreast of our most current privacy policy practices.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site or through the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

TESTIMONIALS

If you provide us with reviews or testimonials regarding your purchase of our products, we may post your testimonials or reviews on the Site along with your name and the product or service purchased. If you do not wish to have your testimonial or review posted on the Site, please contact us.

Contact

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 support@ecletticos.com

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here:

  • GDPR: https://edps.europa.eu/data-protection/our-role-supervisor/complaints-wizard_en
  • CCPA: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company