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Privacy Policy

PRIVACY POLICY

Designs by Nikki LLC d/b/a/ Beach Riot or one of its affiliates (“Beach Riot,” “we,” “our,” or “us”)‎ is committed to protecting your privacy. This privacy policy (“Privacy Policy”) applies to users who use this Web site,‎ https://beachriot.com/ or any other web sites, related products and services, including any associated interactive ‎features, widgets, plug-ins, applications, content, downloads and other services we may offer to ‎you that posts a link to this Privacy Policy (collectively, the “Site”), regardless of how ‎you access or use them, whether via personal computer, browser, laptop, tablet, mobile phone or ‎other device (each a “Device”).‎ This Privacy Policy covers how Beach Riot collects, uses, shares, and processes personal and other ‎‎information and data of users of our Site. To the extent that we provide you with ‎notice through our Site of different or additional privacy policies or practices (e.g., at ‎the point of collection), those additional privacy policies shall govern such data collection and ‎use‎.  

By using or accessing our Site or by submitting information to Beach Riot, you consent to ‎the terms of this Privacy Policy.‎

In addition to reading this Privacy Policy, please review our Terms of Use https://beachriot.com/pages/terms-conditions, which governs your use of our Site. If you do not agree to our Terms of Use ‎and the collection, use and sharing of your information as detailed in this Privacy Policy, please ‎do not access or otherwise use our Site or any information or content accessible on ‎our Site.‎

SECTION 1 – INFORMATION COLLECTION

We collect information from you in several ways, including when you choose to share ‎information with us by entering it through our Web site and by using automated processes. We ‎also collect information about your transactions with us, such as any information you submit to us ‎through our Services.‎ For example, we collect your contact information when you subscribe to a newsletter or to pose a question to us through our “contact us” page. 

Some of the information we collect identifies you personally (“Personal Information”), such as information you provide to Beach Riot when contacting with us through a contact form or job application.  This information may include your first and last name, email address, zip code, location information, contact information, product information, the content of any message, lifestyle information, payment information through our third party payment providers, mailing and billing addresses, technical information among other identifiers, related to services we offer.

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at sales@beachriot.com or mailing us at:
Beach Riot
828 Production Place, Newport Beach California US 92663

SECTION 2 – HOW WE USE YOUR INFORMATION 

We may use the information that we collect from you, including Personal Information, to process ‎transactions, and provide ‎the Site, products, services, and information to you.  We may use ‎your information to process your ‎requests ‎and to provide you with information that may be of ‎interest to you. We may anonymize or aggregate your ‎information for marketing and actuarial ‎purposes. We may also use your information to process ‎your contact forms, applications, and to ‎enable you to use certain Site features. We may also use the ‎information that we collect to ‎customize your experience on our Site, to respond to customer service inquiries, to process ‎your transactions with us, to better tailor our ‎offerings, to improve our Site and the content ‎provided on and through our ‎Site, to provide customer support, to enforce our Terms of Use, ‎to meet our legal obligations or to inform a legal proceeding, and to provide ‎you with content or ‎advertisements that may be of interest to you. We may also use the ‎information we collect from ‎you for additional purposes with your consent.‎

SECTION 3 – INFORMATION SHARING

We may share the information that we collect from you, including Personal Information, with ‎third parties for a variety of purposes. For example, we may share information with service ‎providers who assist us in our business operations and assist with our provision of the Site to you. We may also share information where required ‎by law or to satisfy any applicable law, regulation, subpoena, government request, or other legal ‎process. We may also share information with third parties, including law enforcement, to protect ‎the Site, to fight fraud and identity theft, to ensure the integrity and operation of our organization and systems, to protect the rights, property or safety of Beach Riot, its employees, members or others, and to enforce our Terms of Use. We also ‎reserve the right to share the information that we collect with our subsidiaries and affiliates for ‎marketing and other business purposes and with any subsequent owner in the event of a merger, ‎consolidation, sale of our assets, or other change in our business, including during the course of ‎any due diligence process.‎

Occasionally, Beach Riot may conduct marketing surveys or research to help us evaluate products, services, and the changing needs of our customers. 

We may share aggregate information about Web site users with certain third parties. This information shows user activity as a whole rather than on an individual basis; such aggregate information cannot be reasonably used to individually identify you. We may use such aggregated information we collect about web site users to continue to improve our Site for you.

As permitted by law, we may disclose Personal Information, which may or may not include to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Beach Riot assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which such information is among the assets transferred. The acquiring entity will be subject to this Privacy Policy and to the law in its use of your information, including any possible use of your Personal Information to the extent that any such information is transferred.

SECTION 4 – SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (http://www.shopify.com/legal/terms) or Privacy Statement (http://www.shopify.com/legal/privacy).

SECTION 5 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Google Analytics:

Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.

Google is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Klaviyo:

Our store uses Klaviyo to allow users to subscribe to our newsletter for future communication from Beach Riot. Klaviyo is is compliant with the European Data protection legislation. You can read their privacy policy here: https://www.klaviyo.com/privacy

FourSixty:

Our store uses FourSixty to allow users to shop from our Instagram feed. You can read FourSixty’s privacy policy here: https://foursixty.com/460/privacy

Google Shopping:

Our store uses Google Shopping to allow users to shop directly through Google. Google is compliant with the European Data protection legislation. You can read their privacy policy here: https://policies.google.com/privacy/update?hl=en&gl=us

Loop Returns:

Our store uses Loop Returns to automate returns and exchanges. You can read Loop Return’s privacy policy here: https://loopreturns.com/privacy-policy/

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 – AUTOMATED INFORMATION COLLECTION 

In addition to any information that you choose to submit to us via our Site, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with our Site (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your Device whenever you visit or interact with our web site. To the extent we associate Usage Information with your Personal Information we collect directly from you through our Site, we will treat it as Personal Information.

This Usage Information may include:  

  • your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access our Site, and our computers identify your Device by its Device Identifier;
  • your Device functionality (including browser, operating system, hardware, mobile network information);
  • the URL that referred you to our Web site;
  • the areas within our Web site that you visit and your activities there, including remembering you and your preferences;
  • your Device location;
  • your Device characteristics; and
  • certain other Device data, including the time of day, among other information.

Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

  • Cookies. A cookie is a data file placed on a Device when it is used to visit our web site. HTML5 cookies can be programmed through HTML5 local storage.
  • Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Site, to monitor how users navigate our Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
  • Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with our Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to our Site and is deactivated or deleted thereafter.
  • Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
  • ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, and/or HTML5 cookies.
  • Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
  • Session Replay / Pixel Tracking.  We also rely on Tracking Technologies for purposes of session replay and pixel tracking, which ‎collect Usage Information that tracks your interactions with our Site, including mouse ‎movements, text, and other information, associated with your visit to our Site. This ‎information is used to help us improve our Site and better provide you with information you ‎are interested in when you visit our Site.  For more information about how these technologies ‎process your information, please review our vendor’s privacy policy here: https://www.hotjar.com/legal/policies/privacy/. ‎

Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including: 

  • Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our web site, including cookies required to prevent fraudulent activity and improve security.
  • Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of our Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through our Site.
  • Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing our Site, including identifying you when you sign-in to our web site or keeping track of our specified preferences, including in terms of the presentation of content on our web site.
  • Targeting-Related. We may use Tracking Technologies to deliver content relevant to your interests on our web site and third-party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.

You may be able to set your browser settings to use our web site without cookie ‎functionality. Please note that if you block cookies, some Site functions and may ‎be unavailable and we will not be able to present personally-tailored content and ‎advertisements to you. Your browser may provide you with some options regarding ‎cookies. For more detailed information about how to disable or administer your ‎cookie settings in your web browser, please refer to the applicable page for the ‎browser you are using:‎

‎•‎ Safari: http://help.apple.com/safari/mac/8.0/#/sfri11471     ‎

‎•‎ Google Chrome: https://support.google.com/chrome/answer/95647?hl=en  ‎

‎•‎ Microsoft Edge / Internet Explorer: http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies      ‎

‎•‎ Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences        ‎

You can withdraw your consent to allow for cookies, change your browser settings, ‎and delete the cookies already stored on your computer at any time. Please note ‎that if you delete, or choose not to accept, cookies, you may not be able to utilize ‎the features of the services on our web site to their fullest potential.   ‎

Turning off third-party cookies

You can turn off certain third-party targeting/advertising cookies by visiting the ‎Network Advertising Initiative: https://optout.networkadvertising.org/?c=1 and by ‎visiting Google:‎ https://tools.google.com/dlpage/gaoptout‎.‎

SECTION 8 – BEHAVIORAL MARKETING AND ADVERTISING

Google Marketing Services

On our Site we use the marketing and remarketing services of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). These services allow us to display advertisements in a more targeted manner in order to present advertisements of interest to users. Through remarketing ads and products are displayed to users relating to an interest established by activity on other websites within the Google Network. For these purposes, a code is used by Google when our website is accessed and what are referred to as (re)marketing tags are incorporated into the website.

With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies may also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which apps users have visited, which content they are interested in and which offers have been used. In addition, technical information about the browser and operating system, referring websites, the length of the visit as well as any additional data about the use of the online products and services are stored. The IP address of users is also recorded, although we would like inform you that within the framework of Google Analytics, IP addresses within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area are truncated.

All user data will only be processed as pseudonymous data. Google does not store any names or e-mail addresses. All displayed ads are therefore not displayed specifically for a person, but for the owner of the cookie. This information is collected by Google and transmitted to and stored by servers in the USA.

One of the Google marketing services we use is the online advertising program Google AdWords. In the case of Google AdWords, each AdWords customer receives a different conversion cookie. Cookies can therefore not be tracked through the websites of AdWords customers. The information collected by the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag.

Google services make use of Google’s Tag Manager. For more information about Google’s use of data for marketing purposes, please see the summary page:  https://www.google.com/policies/technologies/ads, Google’s privacy policy is available at https://www.google.com/policies/privacy.

The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. If you wish to object to interest-based advertising by Google marketing services, you can do so using the settings and opt-out options provided by Google:  http://www.google.com/ads/preferences.

We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (“interest based targeting”). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting http://www.doubleclick.com/privacy/dart_adserving.aspx

You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.

Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.

Facebook & Instagram

We use the “visitor action pixels” from Facebook & Instagram Inc (1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”)) on our website.

This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users.

However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.

The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.

Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

Facebook and Instagram share infrastructure, systems and technology with other Facebook Companies (which include WhatsApp and Oculus) to provide an innovative, relevant, consistent and safe experience across all Facebook Company Products you use. We also process information about you across the Facebook Companies for these purposes, as permitted by applicable law and in accordance with their terms and policies. For example, we process information from WhatsApp about accounts sending spam on its service so we can take appropriate action against those accounts on Facebook, Instagram or Messenger. We also work to understand how people use and interact with Facebook Company Products, such as understanding the number of unique users on different Facebook Company Products.

SECTION 9 – CHILDREN’S PRIVACY

The Web site and the Site are not intended to be used by children and is not directed toward children under the age of 18. Beach Riot does not use the Site to knowingly solicit data from or market to children under the age of 18. The Site does not sell products for purchase by children. No person under 18 years of age should disclose information on the Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

Please visit www.consumer.ftc.gov/topics/kids-online-safety to learn more about protecting children privacy.

SECTION 10 – PRIVACY RIGHTS

SECTION 10a – Notice to California Residents

If you are a California resident, please click here for our Notice at Collection and here for our California-specific Privacy Policy which provides additional information about your privacy rights.

Residents of California may also, under §1798.83, known as the “Shine The Light” law, request ‎‎‎and obtain from us, once a year and free of charge, information about categories of personal ‎‎‎‎information (if any) we disclosed to third parties for direct marketing purposes and the names ‎‎‎and ‎addresses of all third parties with which we shared personal information in the immediately ‎‎‎preceding ‎calendar year.  If you are a California resident and would like to make such a request, ‎‎‎please submit your ‎request clearly in writing to us using the contact information provided below.‎

SECTION 10b – Notice to Utah and Texas Residents 

 If you are a Utah and Texas resident, please click here for additional information about your privacy rights.

SECTION 10c – Notice of Canadian Fair Information Principles

Residents of Canada may make requests for additional information about the existence, use, and disclosure of their personal information and be given access to that information. If you are concerned about the accuracy or completeness of the information we process, you may request to access or correct the information we process about you.

SECTION 10d – Notice to EU and UK Individuals

The Company processes personal data for the limited purposes identified above.

  • Lawful Grounds. If you reside in the EU/UK, we rely on the following lawful grounds under the General Data Protection Regulation (“GDPR”) to process (collect, store, and use) your personal data: (a) it is necessary for the performance of a contract with you; (b) our or a third-party’s legitimate business interest; or (c) your consent.
  • Data Transfer Notice. We transfer your personal data to the United States for processing in the United States. We make the transfer to the United States in the absence of an adequacy decision because it is necessary for the performance of a contract with you, or with your explicit consent.
  • Individual Rights and Data Subject Requests. We provide you with tools to change access, delete, or modify your personal information within the Services. We also provide tools to our customers to respond to your data subject request within the Services. Additionally, you may also contact us at sales@beachriot.com to request access to, transfer of, and rectification or erasure of your personal data, or restriction of processing, or to object to processing of your personal data. If sending an email, please specify the nature of your request and the information that is the subject of your request. We may require you to submit additional information necessary to verify your identity and status as an EU/UK data subject. We will respond to your request within thirty (30) days. You may file a complaint with the appropriate Member State and with the supervisory authority of the Member State where you reside, work, or where the infringement occurred.
  • Withdraw Consent. If we are processing your personal data based upon the lawful ground of your consent, you have the right to withdraw your consent for such processing at any time without affecting the lawfulness of processing based on consent before it is withdrawn. To withdraw consent, email us at sales@beachriot.com.
  • Other Rights:
    • You may have other rights including:
      • Right of access
      • Right of correction
      • Right of erasure
      • Right to restriction of processing
      • Right to data portability
      • Right to withdraw consent 

We store your data to comply with legal, regulatory or contractual obligations and according to our documentation retention schedules. If you do not provide your personal data to us you may not be able to access our services. We do not use automated decision-making.

Users Outside of the United States.   

If you are from a non-U.S. country, please be aware that the personal information you submit, including information provided through our Site, is being sent to a location in the United States. The data protection laws in the United States are likely different from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By providing such personal information through the Site, you are consenting to (and represent that you have authority to consent to), the transfer of such information to the United States for the uses and purposes described in this Privacy Policy. 

SECTION 11 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND YOUR FEEDBACK

If you have any questions about the ways in which we collect and use your personal information, your choices and rights regarding such use, please do not hesitate to contact us.

To help us improve our privacy policy and practice, please give us your feedback. You may email us at info@beachriot.com or call us at (714) 975-5515.

Privacy Policy Last Updated: October 11, 2024