Privacy Policy
Note for California Residents: This Privacy Policy describes how Legacy processes your Personally Identifiable Information and General Digital Data and your rights in connection therewith, including Section III(B) which specifies your additional protections under California law.
TABLE OF CONTENTS
I. THIS POLICY
A. INTRODUCTION
B. SCOPE
C. USER’S ACCEPTANCE
D. MODIFICATION, RESTRICTION, & TERMINATION
E. JURISDICTION
II. USER’S INFORMATION
A. ASCERTAINMENT
i. PERSONALLY IDENTIFIABLE INFORMATION.
ii. GENERAL DIGITAL DATA.
B. ACQUISITION
i. FROM USERS.
ii. FROM TECH.
C. UTILIZATION
i. BY LEGACY.
ii. BY OUR LICENSED PARTIES, AFFILIATED ENTITIES, & THIRD- PARTY PROVIDERS.
D. SECURITY
III. USER’S RIGHTS & PROTECTIONS
A. GENERALLY
B. CALIFORNIA
i. CCPA.
ii. “ONLINE ERASER” LAW.
C. EU, EEA, UK — GDPR
i. LEGAL BASIS FOR PROCESSING.
ii. THIRD-PARTY RECIPIENTS.
iii. YOUR RIGHTS.
iv. DATA PROTECTION OFFICER.
I. THIS POLICY
A. INTRODUCTION.
User’s access to and use of the Website, regardless of the registration status, and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products, is governed by and subject to full, continued compliance with the terms and conditions within this Privacy Policy, those elsewhere in the Agreement, and otherwise communicated to Users, whether on and through the Website or otherwise, as well as in accordance with any and all applicable local, state, federal, and foreign rules, regulations and laws, including, but not limited to, copyrights, trademarks, patents, and other intellectual property protections. For the avoidance of doubt, nothing in this Privacy Policy nor elsewhere in the Agreement is intended to, does, nor should be interpreted or otherwise construed as the entire extent, restriction, and limitation of the practices, processes, and protocols by which Legacy ascertains, acquires, utilizes, and secures any and all information and data, whether Personally Identifiable Information or General Digital Data.
All capitalized and material terms in this Privacy Policy not otherwise defined in-line have the meanings set forth in the Definitions in our Terms. All uses of “including” shall mean “without limitation”, “and” as well as “or” shall mean “and/or”, and all references to examples or instances are construed as illustrative and never as the complete parameters of the applicable subject matter.
B. SCOPE.
This Privacy Policy discloses Legacy’s practices, processes, and protocols of information and data associated with, related to, in connection with, or otherwise concerning Users, regardless of registration status, who are at least thirteen (13) years of age and legally authorized and permitted by their legal guardian or parent to access and use the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products, and is designed to be read in connection with all terms and conditions elsewhere in the Agreement. Legacy is not responsible nor liable for, nor does this Privacy Policy cover, apply to, or govern User’s own voluntary provision of information on or through public-accessibly areas, communications, and platforms (including the Website and all portions thereon and therefrom, such as User-Generated Content) nor any and all third parties’ privacy practices, processes, and protocols associated with, related to, in connection with, or otherwise concerning Users’ information and data, regardless of Legacy’s relationship with or to such third parties (including our Third-Party Providers) and without regard to User’s accessibility to such third parties on or through the Website (including with respect to Services, Content, Transactions, Products, and Destination Links), and are exclusively governed by and between User and such third parties.
C. USER’S ACCEPTANCE.
AT ALL TIMES, BY ACCESSING AND/OR USING THE WEBSITE AND ANY AND ALL PORTIONS THEREON AND THEREFROM, INCLUDING REGISTERING FOR ANY SERVICES (WHETHER TRANSACTIONS OR UGC) AND COMMUNICATING WITH US IN ANY MANNER AND BY ANY MECHANISM, USER REPRESENTS, WARRANTS, COVENANTS, AND AFFIRMS THAT, REGARDLESS OF REGISTRATION STATUS, USER ACKNOWLEDGES AND CONSENTS TO BE BOUND BY THIS PRIVACY POLICY, AS CURRENTLY ENUMERATED AND AS MAY BE SUBSEQUENTLY UPDATED, AND ALL OF LEGACY’S PRACTICES, PROCESSES, AND PROTOCOLS ASSOCIATED WITH, RELATED TO, IN CONNECTION WITH, OR OTHERWISE CONCERNING THE ASCERTAINMENT, ACQUISITION, UTILIZATION, AND SECURITY OF USER’S PERSONALLY IDENTIFIABLE INFORMATION AND GENERAL DIGITAL DATA TO AND WITHIN THE UNITED STATES OF AMERICA.
D. MODIFICATION, RESTRICTION, & TERMINATION.
Legacy reserves the express right and ability, but undertakes no duty whatsoever, to amend, terminate, discontinue, restrict, or withdraw any portions or the entirety of, periodically or permanently, without notice to User, at any time, in Legacy’s sole discretion, for any reason or none whatsoever, this Privacy Policy, the Agreement, and the Website and all portions thereon and therefrom, including the Services, Content, Transactions, Products, User’s account, and UGC. User alone is responsible for periodically reviewing this Privacy Policy and the rest of the Agreement, including any subsequent updates, modifications, and changes which are immediately effective and applicable to User once posted to the Website, thereby superseding any previous provisions and we shall update the “Effective as” date at the top of this Privacy Policy accordingly; provided, however, if such exercise yields a material change to this Privacy Policy, Legacy may also provide additional notice to User, including on the homepage of the Website, elsewhere on the Services, or by direct communication.
Legacy reserves the express right and ability, but undertakes no duty whatsoever, without notice to User, at any time, in Legacy’s sole discretion, to prohibit or restrict access to and use of the Website and any and all portions thereon in the event our servers, systems, software, cookies, or other technology identifies or detects Internet Protocol (IP) addresses which are located (whether physically or technically) outside of the United States of America.
If, at any time, User does not fully, completely, and totally satisfy or agree with any of the foregoing or following requirements of this Privacy Policy or those elsewhere in the Agreement, including, but not limited to, any subsequent modifications, updates, or alterations to any or all of the foregoing, User is required, and hereby agrees, to immediately cease and discontinue any further access to and use of the Website and all portions thereon and therefrom, including, but not limited to, the Services, Content, Transactions, and Products.
E. JURISDICTION.
The Website is owned and operated by Legacy in the United States of America and, accordingly, all information and data provided to and otherwise acquired thereon and therefrom (and all portions thereof) associated with, related to, in connection with, or otherwise concerning User is subject to, governed by, and processed in compliance with applicable local, state, and federal rules, regulations, and laws of the United States of America, without regard to User’s Device or individual geographic location, purported or actual.
II. USERS’ INFORMATION
A. ASCERTAINMENT.
In order to provide Users with the most relevant, enhanced, engaging, and optimized Content, Services, Transactions, and Products on and from the Website, Legacy learns of, obtains, identifies, draws inferences from, aggregates, and otherwise collects two (2) types of User information and data, both of which depends on each individual User’s access to and use of the Website and any and all portions thereon and therefrom: (i) Personally Identifiable Information (“PII”); and (ii) General Digital Details (“GDD”),
I. PERSONALLY IDENTIFIABLE INFORMATION.
PII refers to all unique identifiers associated with, related to, in connection
with, and otherwise concerning or reasonably capable of being associated
or otherwise connected, directly or indirectly, with each individual User
when accessing and using portion on and from the Website, including, but
not limited to, Transactions, Products, Registration, and User-Generated
Content, in addition to any and all communications between User and
Legacy, including, but not limited to, Registration Materials, Personal
Information, and Payment Information.
II. GENERAL DIGITAL DATA.
GDD refers to data which is not personally identifiable nor individually
ascertainable, but when analyzed or compiled, in the aggregate or
otherwise, indicates or provides insight to Users’ access to and use of the
Website (and all portions thereon and therefrom), including details
associated with, related to, in connection with, and otherwise concerning
User and User’s Devices and Third-Party Providers, such as geo location,
sensory data, web and system activity, interactions through and from the
Website (including click patterns and preferences), referrer Uniform
Resource Locators (URL) details (including date and time stamps), IP
addresses, Wi-Fi and Bluetooth access points, browser fingerprints
(including configurations, operating systems, version numbers, and
resolution specifications), makes, models, manufacturers, service
providers, settings, crash reports, connections and speeds.
B. ACQUISITION.
I. FROM USERS.
Passively. By accessing and using the Website and all portions thereon and therefrom, including merely browsing our Services, Content, and Products, Legacy automatically acquires certain GDD from a variety of analytic and reporting technology without User’s affirmative provision or consent. Notwithstanding the foregoing, Legacy does and will not require Users who passively access and otherwise use the Website to provide us with PII.
Affirmatively. Legacy acquires PII from individual User’s voluntary provision to us on and through the Website and Services thereon (including Transactions, Registration, and UGC), as well as through direct communications with us and our Licensed Parties, Affiliated Entities, and Third-Party Providers (including e-mails, contests, postal mail, and social media). USER’S PROVISION OF PII TO LEGACY AND OUR LICENSED PARTIES, AFFILIATED ENTITIES, AND THIRD-PARTY PROVIDERS IS USER’S REPRESENTATION, WARRANTY, COVENANT, AND AFFIRMATION THAT SUCH PII IS, IN FACT, LEGALLY USER’S, OR USER IS LEGALLY AUTHORIZED TO UTILIZE AND DISCLOSE SUCH PII IN ACCORDANCE WITH THIS PRIVACY POLICY AND ANY APPLICABLE LOCAL, STATE, FEDERAL, AND FOREIGN RULES, REGULATIONS AND LAWS.
Indirectly. Legacy may also acquire GDD, some of which may constitute or be deemed PII, regardless of whether User is actively accessing or using the Website (and any portions thereon and therefrom), through Third-Party Providers, both unaffiliated and affiliated with us, including by and through server logs and files, advertisers, data analytics services, operating platforms, social media networks and integrations, databases, vendors, aggregators, and Internet service providers. Notwithstanding Legacy’s indirect acquisition of information and data from any and all of the foregoing, Legacy does not now nor never will have any control, responsibility, or liability associated with, related to, in connection with, and otherwise concerning any and all Third-Party Providers, regardless of their affiliation with Legacy or availability on or through the Website, including Third-Party Providers’ practices, processes, and protocols.
II. FROM TECH.
Certain e-mails and the Website (and portions thereon), similar to most
Internet properties and services, issues, stores within, and retrieves a
variety of analytic and reporting technology from and through User’s
Devices and Third-Party Providers, including simple text files known as
cookies (to learn more, please visit), pixel tags, transparent graphic known as web beacons, local shared objects (whether HTML 5, caches, or
otherwise), digital fingerprinting, and server logs and files (collectively,
“Info Tech”), in order for Legacy to ascertain, acquire, utilize, secure, and
otherwise effectuate this Privacy Policy and the Agreement.
User may disable, prohibit, or modify any and all Info Tech through
settings on User’s Devices and through User’s Third-Party Providers,
however, doing so will adversely impact your access to or use of the
Website (and portions thereon and therefrom), provided that our practices,
processes, and protocols rely on, and the Website depends on, such Info
Tech for authentication, verification, security, and stability.
C. UTILIZATION.
i. BY LEGACY.
Legacy’s primary purpose in ascertaining, acquiring, and utilizing User’s information and data, PII and GDD, is to provide, maintain, evaluate, and improve the administration, functionality, and operation of the Website (and all portions thereon and therefrom, including the Services, Content, Transactions, and Products) and User’s access to and use thereof. Legacy retains all such User information in individualized, aggregate, identifiable, and anonymous formats for the greater period either necessary to effectuate User’s access to and use of the Website or one (1) year from the date a claim or cause of action arose from, under, pursuant to, or otherwise in connection with this Privacy Policy or elsewhere in the Agreement. In the event Legacy itself or a substantial portion of Legacy’s assets is sold, taken over, acquired, merged, dissolved, or otherwise restructured, all User information, PII and GDD, may be deemed, by us or an applicable legal authority, to be part of such assets and subject to such disposition. Legacy may utilize, merge, aggregate, combine, co-mingle, isolate, and synthesize any and all such User information, PII and GDD, associated with, related to, in connection with, or otherwise concerning any lawful purposes, including to effectuate and enforce the terms and conditions of this Privacy Policy and elsewhere in the Agreement or pursuant to any and all applicable local, state, federal, and foreign rules, regulations and laws, including to:
1. Notify/contact User about updates to this Privacy Policy, elsewhere in the Agreement, the Website, Services, Content, or Products;
2. Verify, process, and confirm User’s access to and use of the Website and Services, including provision of PII to our Third-Party Providers for Transactions, regarding the status and security of Products purchased, or in connection with UGC posted;
3. Update you about promotional offers or contests by us or our Licensed Parties, Affiliated Entities, or Third-Party Providers;
4. Optimize our Service, Content, and Product offerings to User on and through the Website by ascertaining, acquiring, and utilizing PII and GDD derived from User’s Internet activities, interests, behaviors, trends, preferences, and demographics;
5. Ensure quality control by using GDD for periodic testing, diagnoses, and processing;
6. Administer the Website (and all portions thereon and therefrom), by and through recording and integrating Registration Materials and other Personal Information where and when applicable, including contracting with Third-Party Providers to assist us in providing, executing, maintaining, managing, organizing, storing, and improving the Services, Content, Transactions, and Products offered on and through the Website; AND
7. Cooperate with law enforcement and judicial authorities to the extent necessary to identify, contact, and assist in legal proceedings and official investigations, either following our receipt of a government-authorized request, court order, search warrant, subpoena or other legal process, or if we, in our sole discretion, believe in good faith, is associated with, related to, in connection with, or otherwise concerning illegal activities, is itself unlawful, or is causing injury or interference, whether intentional or not, to Legacy or our Licensed Parties, Affiliated Entities, and Third-Party Providers, other Users or Third-Party Providers, or the public at large, as well as if, in our sole discretion, a User is violating the terms of this Privacy Policy, the Agreement, or any applicable local, state, federal, and foreign rules, regulations and laws.
II. BY OUR LICENSED PARTIES, AFFILIATED ENTITIES, AND THIRD-PARTY PROVIDERS.
Legacy does and will not monetize Users’ PII through any third-party sale
or exchange, but may disclose GDD to third parties in aggregate form and
certain PII (including Personal Information and Payment Information) to
our Licensed Parties, Affiliated Entities, and Third-Party Providers in
order to provide, manage, maintain, execute, and complete some or all of
the Services, Content, Transactions, and Products on and through the
Website solely for the purpose of and to the extent and manner necessary
pursuant to our contractual arrangements with each of the foregoing,
including Shopify. Notwithstanding the foregoing or anything to the
contrary herein, although Legacy advocates and encourages that each of
our Licensed Parties, Affiliated Entities, and Third-Party Providers adopt
and enact similarly strong privacy practices, processes, and protocols as
ours, all collection and uses of Users information, PII and GDD, is subject
to and governed exclusively and directly by and between each User and
each applicable Licensed Party, Affiliated Entity, and Third-Party
Provider, and, accordingly, Legacy disclaims any and all responsibility
and liability associated therewith, related thereto, in connection therewith,
and otherwise concerning any and all of the foregoing. Legacy strongly
recommends that User ascertain, read, and understand all relevant third
parties’ privacy policies, including Shopify’s which may be found here
and here.
.FOR THE AVOIDANCE OF DOUBT, LEGACY IS NOT AND SHALL NEVER BE RESPONSIBLE NOR LIABLE FOR, IN ASSOCIATION WITH, IN RELATION TO, IN CONNECTION WITH, NOR OTHERWISE CONCERNING ANY AND ALL THIRD PARTIES’ (INCLUDING, BUT NOT LIMITED TO, OUR LICENSED PARTIES’, AFFILIATED ENTITIES’, AND THIRD-PARTY PROVIDERS’) PRACTICES, PROCESSES, AND PROTOCOLS, INCLUDING, BUT NOT LIMITED TO, ALL THIRD PARTIES’ ASCERTAINMENT, ACQUISITION, COLLECTION, UTILIZATION, AND SECURITY OF ANY AND ALL USER INFORMATION REGARDLESS OF LEGACY’S RELATIONSHIP WITH AND INCLUSION OF SUCH THIRD PARTIES ON OR THROUGH THE WEBSITE AND ANY AND ALL PORTIONS THEREON AND THEREFROM.
D. SECURITY.
Legacy constantly endeavors to use organizational, technical, and administrative security measures consistent with industry standards and in accordance with this Privacy Policy to prevent and protect from unauthorized access, alteration, destruction, and disclosure of User’s PII and GAD for as long as such information is in or under our control subject to the terms and conditions of this Privacy Policy, those elsewhere in the Agreement, and applicable local, state, federal, and foreign rules, regulations and laws. Additionally, Legacy continuously reviews, modifies, and enhances our practices, processes, and protocols.
Legacy limits access to PII to specific employees, contractors, agents, and Third-Party Providers who have a legitimate business need to learn of, know, utilize, or otherwise process such PII in furtherance of fulfilling the Website and the Services thereon and therefrom. When processing Transactions, Legacy encrypts certain PII, specifically Payment Information, using Secure Socket Layer (SSL) technology in order to prevent unauthorized theft or interception during our transmission to our Third-Party Provider, Shopify, who has adopted and integrates the Payment Card Industry Data Security Standard (PCI-DSS), a joint-security effort mandated by Visa, Mastercard, American Express, and Discover and administered by the PCI Security Standards Council, which requires all merchants, financial institutions, point-of-sale vendors, and hardware and software developers to transmit, store, and process cardholder data in accordance within defined safeguards and protocols. Notwithstanding the foregoing and Legacy’s own practices, processes, and protocols, Shopify and all of our other Third-Party Providers utilize User’s information and data subject to and in accordance with their own practices, processes, and protocols, none of which Legacy is nor shall ever be responsible or liable for.
Despite Legacy’s best practices, processes, and protocols, unfortunately there are inherent limitations to the Internet beyond our control and, thus, Legacy does not, and cannot, guarantee the security, integrity, and privacy of any and all servers, networks, protocols, systems, and databases, including information and data provided, exchanged, and otherwise transmitted between User and Legacy on and through the Website (and all portions thereon and therefrom) or otherwise communicated to us. Legacy is not and shall never be responsible nor liable for any and all unauthorized actions associated with, related to, in connection with, or otherwise concerning User’s information, PII and GDD, and the consequences thereof due to erroneous transmissions, unlawful hacking or other similar third-party mechanisms, or acts or omissions beyond our reasonable control. Any and all information and data provided, exchanged, and otherwise transmitted which is associated with, related to, in connection with, or otherwise concerning User is at User’s risk and responsibility alone, as well as the on-going security, integrity, and privacy of such information. For the avoidance of doubt, any information or data voluntarily disclosed by User on or thru publicly accessible areas on and through the Website (including, but not limited to, UGC) is expressly not covered by this Privacy Policy and Legacy expressly disclaims any and all responsibility and liability associated with, related to, in connection with, or otherwise concerning such actions and the consequences thereof.
In the event User has reason to believe that PII in Legacy’s possession or control has been compromised or is no longer secure, User must immediately notify us by e-mail at ___________________.
III. USERS’ RIGHTS & PROTECTIONS
A. GENERALLY.
Legacy believes Users have certain rights associated with, related to, in connection with, or otherwise concerning their individual information, including the right to: (i) access, modify, or update the PII provided to us as well as the relevant privacy settings at any time, either through User’s account or by e-mail at ____________; (ii) request certain PII or GDD be deleted or removed in accordance with this Privacy Policy; provided, however, some portions of such information, including Transactions and certain server logs and backups, may not be able to be deleted or removed entirely or at all due to technological limitations beyond our control; (iii) unsubscribe or modify future e-mail communications from us (excluding those necessary to effectuate and enforce the terms and conditions of this Privacy Policy, those elsewhere in the Agreement, and applicable local, state, federal, and foreign rules, regulations and laws); and (iv) modify or prohibit some or all Info Tech by adjusting browser privacy preferences, including choosing to Do Not Track (DNT) which some browsers automatically apply by default; provided, however, some portions on and through the Website will cease to function entirely or properly and, currently, Legacy, like many Internet properties and services, does not respond to nor alters our practices, processes, and protocols if and when we receive such a DNT signal from a User’s browser. Please note that DNT is different than Global Privacy Control (GPC), which Legacy complies with and does address in certain geographic locations, specifically in accordance with the California Consumer Protection Act (CCPA) and the Global Data Protection Regulation (GDPR), the practices, processes, and protocols of which are detailed below.
B. CALIFORNIA.
i. CCPA.
Pursuant to the CCPA, Users domiciled in California are proscribed additional rights with respect to their individual PII and GDD and Legacy is required to specifically highlight the nature of such rights.
1. YOUR DATA.
This Privacy Policy is reevaluated and updated at least on an annual basis and is intended to facilitate your understanding of how Legacy processes your information, including:
- The types of such information;
- The sources of such information;
- The manner in which such information is used; AND
- The security of such information.
The following are CCPA-specified categories, sources, commercial
purposes, and authorized third-party recipients of User information
Legacy at some point during the preceding twelve (12) months
from the date of this disclosure may ascertains, acquires, or
utilizes:
- Identifiers, such as your legal name, username, alias, email addresses, mailing and shipping addresses, telephone numbers ,IP addresses, and cookies, may be acquired directly from your voluntary provision to us or indirectly through technological capabilities and processes on or through the Website, as well as through your communications to us and are processed by Legacy and our Licensed Parties, Affiliated Entities, and Third- Party Providers in order to provide, maintain, evaluate, and improve the Website and all portions thereon and therefrom, including the Services, Content, Transactions, and Products, as well as law enforcement, judicial, or other government officials or parties to legal proceedings as required to effectuate and reinforce the terms and conditions of this Privacy Policy or elsewhere in the Agreement or pursuant to any and all applicable local, state, federal, and foreign rules, regulations and laws;
- Protected Classifications, such as race, gender, ethnicity, marital and immigration status may be ascertained through your use of the Website or other communications with us, such as surveys or UGC, and is used by Legacy and our Licensed Parties, Affiliated Entities, and Third-Party Providers to optimize access to and use of the Website, including through analysis and research, however, in the event you voluntarily disclose such information on or through our Services, such information may be used by anyone, including law enforcement, judicial, or other government officials or parties to legal proceedings, as well as vendors and other service providers, whether Legacy’s or unrelated, unaffiliated third parties;
- Commercial Information, such as logs of your purchase, browsing, and other behaviors and activities, both pre- and post-access to and use of the Website itself, including click patterns and preferences for and of Content and Products, is tracked and processed by Legacy and our Licensed Parties, Affiliated Entities, and Third-Party Providers through a variety of analytic and tracking technology on the Website and through our communications with you in order to optimize and enhance your access to and use of the Website, including through analysis and research and by disclosing and sharing such information with our Licensed Parties, Affiliated Entities, and Third-Party Providers, and as required by law enforcement, judicial, or other government officials or parties to legal proceedings;
- Internet and Other Electronic Activity, such as details from referrer URLs, cookies, IP addresses, network connection and protocols, Bluetooth access points, browser fingerprints (including configurations, operating systems, version numbers, and resolution specifications), and Device data (including makes, models, manufacturers, service providers, settings, crash reports, connections, speeds, call logs, text messages, and emails) is tracked and processed by Legacy and our Licensed Parties, Affiliated Entities, and Third-Party Providers through a variety of analytic and tracking technology on the Website and through our communications with you in order to both optimize and enhance your access to and use of the Website. including through analysis and research, as well as to detect, prevent, repair, and prosecute unauthorized security breaches, malicious malware or other software attacks, and any and all other unlawful activity and, thus, need to disclose such information to law enforcement, judicial, or other government officials or parties to legal proceedings, as well;
- Geolocation of you and your Devices are generally ascertained by us through a variety of technology on the Website and through our communications with you in order to optimize and enhance your access to and use of the Website, including through analysis and research and by disclosing and sharing such information with our Licensed Parties, Affiliated Entities, and Third-Party Providers, and as required by law enforcement, judicial, or other government officials or parties to legal proceeding, however may also be voluntarily disclosed by you through UGC or otherwise and thus publicly accessible for a variety of reasons and purposes beyond our control; AND
- Inferences from the Foregoing may be used by Legacy and our Licensed Parties, Affiliated Entities, and Third-Party Providers to optimize and enhance your access to and use of the Website, including through analysis and research.
2. YOUR RIGHTS.
As of January 1, 2020, Users domiciled in California may not be discriminated against for exercising their right to:
- Access & Know up to two (2) times every twelve (12) months which of your information, how, and why Legacy ascertains, acquires, and uses, including, but not limited to, third parties to whom we may have sold or otherwise disclosed to;
- Consent to Legacy not selling or marketing your information, which we currently do not and in the event we did, would provide you the option to opt-out;
- Equality for whatever your choices are with regard to your data, Legacy will never refuse, discriminate, penalize, or provide you a lesser degree of Services or Products;
- Deletion of any information you voluntarily provide us at any time (including Registration Materials and Personal Information), unless we have identified a security incident or are initiating and undertaking a legal claim, action, or defense; AND
- Opt-Out at of our use of your information other than data collection necessary to complete a Transaction or other Services.
In the event you have any questions or wish to know more about our foregoing practices, processes, and protocols or the specific pieces of your information we currently have or wish to access and request our deletion of your information, you may do so through the many choices described above or may contact us directly at any time by e-mail at ____________________. Notwithstanding the foregoing, Legacy reserves the right to take reasonable actions in order to verify your identity to a reasonably high degree of certainty prior to fulfilling any such request in accordance with our security measures detailed herein, including requesting supplemental information.
ii. “ONLINE ERASER” LAW.
Pursuant to California’s Business and Professions Code §§ 22580-22582, Users who are legally in fact California residents under eighteen (18) years old may request and obtain removal of any and all data, content, and information which is publicly posted and available on the Website by e- mailing us at ____________________; provided, however, despite Legacy’s compliance with any such removal, such data, content, and information may still be available and accessible elsewhere on the Internet by reason of server logs or third party actions beyond our control.
C. GDPR.
Pursuant to the GDPR, Users who are domiciled in the European Union (EU), the European Economic Area (EEA), and the United Kingdom (UK) are proscribed additional rights with respect to their individual PII and GDD and Legacy is required to specifically disclose the nature and mechanisms of such rights.
i. LEGAL BASIS FOR PROCESSING
As explained in Section II above, Legacy ascertains, acquires, and utilizes User’s information, PII and GDD, to provide, maintain, evaluate, and improve the Website and all portions thereon and therefrom, including the Services, Content, Transactions, and Products, as well as to effectuate and reinforce the terms and conditions of this Privacy Policy and those elsewhere in the Agreement and pursuant to all applicable local, state, federal, and foreign rules, regulations and laws. Additionally, Legacy processes User’s information on the following legitimate basis when:
- Necessary to fulfill our contractual obligations and receptibilities to you, whether pursuant to this Privacy Policy and the Agreement or when you partake in a Transaction or other Services with respect to your access to and use of the Website (and all portions thereon and therefrom), including our provision, fulfillment, and processing of such Services, Content, Transactions, and Products;
- Required to effectuate the activities directly above, all of which are reasonably expected by Users and none of which unduly nor negatively impact Users’ privacy rights;
- You have voluntarily provided or consented to our use of, which you may withdraw by e-mail at ____________________; AND
- To comply with any and all regulatory and legal obligations.
II. THIRD-PARTY RECIPIENTS.
As explained in Section II(C) above, Legacy shares certain User information to effectuate and enforce the practices, processes, and protocols in this Privacy Policy and the Agreement with select third parties, including:
- Web server hosts;
- Cloud storage providers;
- IT service providers; AND
- Commerce platforms and point-of-sale systems, including Shopify.
III. YOUR RIGHTS.
To the extent that your PII and GDD is in Legacy’s possession or otherwise within in our control, Users who are residents of the EU, EEA, and the UK are entitled, by written request to our Data Protection Officer by e-mail at ____________________, the right to:
- Access copies;
- Rectify any inaccuracies or incompleteness;
- Erasure from our systems as long as either such information is no longer necessary for the purposes for which we initially captured, or you expressly withdraw consent and no other legal basis for our processing exists;
- Restrict Processing in the event (1) you contest the accuracy of such information, (2) our practices, processes, and protocols are deemed unlawful, and you oppose such erasure, or (3) we no longer require such information for the purposes for which we initially captured d but are nonetheless required to in compliance with our legal obligations;
- Object to Processing in instances where we have a legitimate interest in doing so;
- Data Portability of any such information captured pursued to your expressed consent and by automated means to another organization or to you directly; AND
- Contact Appropriate Authorities if you wish to report a complaint or if you feel that we have not satisfactorily addressed your concerns with respect to these practices, processes, and protocols. The contact information for your Data Protection Authority is available here.
Legacy reserves the right to take reasonable actions in order to verify your
identity to a reasonably high degree of certainty prior to fulfilling any such
request in accordance with our security measures detailed herein, as well
as request supplemental information as needed.
IV. DATA PROTECTION OFFICER.
If you are a Data Protection Authority in the EU, EEA, or UK with
inquiries about this Privacy Policy or the Website, please contact Legacy
directly by contacting our Data Protection Officer by e-mail at
___________________.
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