Stormy Brand (“Stormy Brand”, “us”, “we”,“our”) is committed to protecting the privacy and confidentiality of Personal Information we may collect. This privacy policy (“Privacy Policy”) was created to advise you about our information practices, such as the types of information we collect and how we may use that information, and to inform you about your privacy rights and how the law protects you. By visiting any part of our Website or providing Stormy Brand with Personal Information by any means, you accept and agree to the practices described in this Privacy Policy. Please check the policy periodically for updates.

PRIVACY POLICY APPLICATION

This Privacy Policy applies to www.stormybrand.com website (“Website”), features and online services that are owned or controlled by Stormy Brand, whether accessed via computer or mobile device. This Privacy Policy does not apply to use of unaffiliated websites that link to our Website. Once you enter another website, we are not responsible for the privacy practices of such other websites.

PURPOSE OF THIS PRIVACY POLICY

This Privacy Policy aims to give you information on how Stormy Brand collects and uses your Personal Information through your use of the Website, including any information you may provide through the Website when you sign up to receive information or communications from us, purchase a product, or request further services or information from us.

CHILDREN

The Website is not designed for, or directed to, children under the age of 16 and Stormy Brand does not intentionally collect information about anyone under the age of 16 on the Website. If Stormy Brand discovers that it has inadvertently collected Personal Information from anyone younger than the age of 16, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 16, please contact us.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on the Website. Any such change, update or modification will be effective immediately upon posting on the Website. However, unless you consent, Stormy Brand will not use your Personal Information in a manner materially different than what was stated in our posted Privacy Policy at the time your Personal Information was collected. Please check this Privacy Policy regularly to ensure you are aware of any changes in our practices. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you contact us with changes, we will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable.

THIRD PARTY CONTENT AND LINKS TO OTHER WEBSITES

The Website may include links to third-party websites, plug-ins and applications and certain content on the Website may be hosted and served by third parties that Stormy Brand does not control. When you click on a link to any other website or location, you will leave our Website and go to another site and another entity may collect Personal Information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites, their privacy statements or content, or to any collection of your Personal Information after you click on links to such outside websites. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites. In addition, Stormy Brand content may be included on web pages and websites that are not associated with Stormy Brand and over which we have no control. These third parties may collect data through the use of their own cookies, pixel tags or other technology, independently collect information or solicit Personal Information, and may have the ability to track your use of their websites and services. Stormy Brand is not responsible for the privacy practices or the content of any third party.

THE INFORMATION WE COLLECT ABOUT YOU

Personal Information or personal data means any information about an individual from which that person can be identified. It does not include anonymous information where the identity has been removed. We and our third-party service providers may collect, use, store and transfer different kinds of Personal Information about you that we have grouped together as follows:

- IDENTITY INFORMATION includes name, username or similar identifier, title, date of birth, and gender.

- DEMOGRAPHIC INFORMATION includes zip code, age and/or income.

- CONTACT INFORMATION includes billing address, delivery address, email address and telephone numbers.

- FINANCIAL INFORMATION includes bank account and payment card details.

- TRANSACTION INFORMATION includes details about payments to and from you and other details of services you have purchased from us.

- TECHNICAL INFORMATION includes internet protocol address, your login data, browser type and version, time zone setting and geographical location, browser plug-in types and versions, operating system and platform and other technology or other unique identifier (“Device Identifier”) for any computer, mobile phone, tablet or other device (“Device”) used to access the Website.

- PROFILE INFORMATION includes purchases or orders made by you, your interests, preferences, product feedback, and survey responses.

- USAGE DATA includes information about how you use our Website and products, including all of the areas within our Website that you visit or use and the time of day you visited the Website, among other information.

- MARKETING AND COMMUNICATIONS INFORMATION includes your preferences in receiving marketing from us and our third parties and your communication preferences.

- LOCATION INFORMATION includes information about your location using a variety of technologies, such as GPS, IP address, and connected or nearby Wi-Fi networks.

- USER CONTENT INFORMATION includes text, pictures, audio, videos, or other content ("User Content") you share by participating and posting content publicly in reviews, interactive features, or other communication functionality (“Community Features”).

- AGGREGATED INFORMATION such as statistical or demographic information for any purpose. Aggregated Information may be derived from your Personal Information but is not considered Personal Information in law as this information does not directly or indirectly reveal your identity.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We use different methods to collect information from and about you including through:

- DIRECT INTERACTIONS. You may give us your Identity, Demographic, Contact, Financial, Profile, or Marketing and Communications Information by filling in forms or by corresponding with us by mail, phone, email, or otherwise. This includes Personal Information you provide when you: purchase our products; subscribe to emails or newsletters; request other information; enter a promotion or survey; or give us feedback about products, services, or the Website.

- AUTOMATED TECHNOLOGIES OR INTERACTIONS. As you navigate through the Website, we may automatically collect Technical, Usage, and Location Information about your equipment, browsing actions and patterns. We collect this Personal Information by using cookies, pixel tags, embedded scripts and other similar technologies.

- COOKIES are small data files that a website sends to your Device while you are viewing the Website that are stored on the Device. Cookies can be used for many purposes, including to monitor use of websites, to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, to speed up your searches and purchases and to recognize you when you return to our Website. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you choose to disable cookies on your Device, some features of the Website or our content may not function properly.

- PIXEL TAG – Pixel Tags (also referred to as clear GIFs, 1x1 GIFs Web beacons, or Web bugs) are small graphic images or other web programming code that may be included on the Websites and in our e-mail messages. Pixel Tags or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, to monitor how users navigate the Website, 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 - Embedded scripts are programming code designed to collect information about your interactions with the Website, such as the links you click. The code is temporarily downloaded onto your Device from our web server or a third party service provider, and is active only while you are connected to the Website.

- FLASH LSOS – When we post videos, third parties may use local shared objects, known as “flash cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored.

- COMMUNITY FEATURES. The Website may provide you the opportunity to participate and post User Content publicly through reviews or other communication functionality (“Community Features”). We may provide functionality for you to submit or post User Content through Community Features, by linking the Website to a third party service, or otherwise. Please note that certain information, such as your name, may be publicly displayed on the Website along with your User Content. User Content consisting of uploaded files may contain metadata, which may contain Personal Information. Please note that anything you post through community features is considered public information meaning others will have free access to your User Content and may use it or share it with third parties. Your submitted User Content may be published online or offline, we may also use your User Content or may excerpt from it in connection with our advertising, marketing, publicity and promotional activities.

- THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES. We may receive Personal Information about you from various third parties such as technical Information from analytics providers, advertising networks, search information, contact, financial and transaction Information from providers of technical, payment and delivery services, identity and contact Information from publicly available sources. We also may supplement the information we collect with outside records from third parties in order to provide you with information, services or goods you have requested, to enhance our ability to serve you, and to tailor our content to you.

- THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND ONLINE TRACKING. Stormy Brand works with certain third parties including network advertisers, ad agencies, and analytics companies to provide us with information regarding traffic on the Website, to serve advertisements and to provide us with information regarding the use of the Website and the effectiveness of our advertisements. These third parties may use Device Identifier and Usage Data to compile reports on user activity. These third parties may set and access their own tracking technologies including cookies, embedded scripts, and pixel tags and may otherwise collect or have access to your Device Identifier, Usage Data and related information about you. Cookies and pixel tags, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, conduct research regarding the usefulness of certain advertisements to you, and assist in providing analytics. By using our Website, you consent to the processing of data about you by these third parties in the manner and for the purposes set out above. We may share Device Identifier and Usage Data about visitors with third party advertising companies, analytics providers and other vendors for similar purposes.

HOW WE USE YOUR PERSONAL INFORMATION

We may use the information we collect about you, including Personal Information and Usage Data:

- to provide you with our products and services and related customer service;

- to provide you with information or products that you have requested;

- to process transactions you initiate, process payments and provide accurate billing and shipping;

- to send you e-mail notifications, such as order confirmations, order status updates;

- to bill you for Stormy Brand products or services;

- to send newsletters, surveys, offers, and other promotional materials related to our services and for other marketing purposes of Stormy Brand;

- to market our products, including recommending products that might be of interest to you;

- to present our Website and its contents in a suitable and effective manner for you;

- to customize and tailor your experience on the Website by displaying content that we think you might be interested in;

- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;

- to contact you with regard to your use of the Website and, in our discretion, changes to the Website policies or functionality;

- to perform other functions as described at the time of collection, with your consent, or as further described in this Privacy Policy.

We may use your Identity, Contact, Technical, Usage and Profile Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive newsletters or marketing communications from us if you have requested information from, purchased goods or services from us, or if you provided us with your details when you registered for a promotion and consented receiving marketing communications at that time.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies. We may use both session cookies and persistent cookies to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Websites more useful to you and to tailor the experience with us to meet your special interests and needs. Most browsers allow you to refuse to accept cookies and to delete cookies. Please note that if you choose to block cookies, you may not be able to use all the features on our Website.

DISCLOSURES OF YOUR PERSONAL INFORMATION

We may share non-personally identifiable information, such as aggregated user statistics, in our discretion and without restriction. We may disclose the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as described in this Privacy Policy, or in the following circumstances:

- Legal Reasons. We may transfer and disclose information, including Personal Information, to third parties to comply with a valid legal inquiry or investigation; to establish, exercise or defend legal claims; to protect the safety, interests, rights, property of Stormy Brand, you, or any third party; this may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; to respond to a breach or attempted breach of the security of our Website; to defend or assert our legal rights pursuant to any of the Website’s Terms of Use or any other agreement you may have with Stormy Brand; or at the request of governmental authorities conducting an investigation.

- Technical Information. Such information may be used to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers, or law enforcement agencies in our discretion.

- Community Features. As set in this Privacy Policy, our Website may enable you to post User Content through Community Features. If you choose to use these features, you will be identified by your first name and last initial. Please note that any Personal Information you include on a public area will be publicly viewable. Once displayed publicly, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put data such as private contact information that you do not want to make available to the public in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the third party website, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others.

YOUR CHOICES

You have several choices regarding the use of information on our Website:

- ACCESSING, UPDATING, CORRECTING OR DELETING INFORMATION. You can review, request access to, update, correct or delete your Personal Information by contacting us. We will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it for a certain time. When we delete any information, it will be deleted from the active database, but may remain in our archives. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you contact us with changes, we will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable.

- OPTING OUT. We will only send you direct marketing emails or other similar communications if you opt-in to receive such emails. In the future, if you do not wish to have your e-mail address or other contact information used for promotional purposes, you may indicate a preference to stop receiving further communications from us and can “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. Where you opt out of receiving these marketing messages, this will not apply to Personal Information provided to us as a result of the purchase.

- CHOOSING NOT TO SHARE PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you may still be able to access and use portions of the Website which do not require your Personal Information.

CALIFORNIA RESIDENTS PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information regarding Stormy Brand disclosure within the immediately preceding calendar year of that California resident’s personal information to third parties for their direct marketing purposes. If you are a California resident and you have questions about our practices with respect to sharing information with third parties and affiliates for their direct marketing purposes, please send your request to us using contact us feature in the Website. You must include your name, street address, city, state, and ZIP code.

ADDITIONAL INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION

- PERSONAL INFORMATION. References to “Personal Information” in this Privacy Policy are equivalent to “Personal Data” governed by European data protection legislation.

- LEGAL BASES FOR PROCESSING PERSONAL DATA. We will only use your personal data when the law allows us to do so. Most commonly, we will use your Personal Information where we need to perform obligations relating to a contract to which you are a party or to take steps at your request before entering into such a contract; where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests. Our legitimate interests include those related to conducting and managing our business to enable us to give you the best product and the best and most secure experience. We make sure we consider and balance any potential impact on you and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you; where we need to comply with a legal or regulatory obligation. You have the right to withdraw consent to marketing at any time by contacting us. We have set out below the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

- DATA RETENTION We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymous your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

- EU RESIDENT PERSONAL DATA RIGHTS. Under certain circumstances, EU Residents may have rights under data protection laws in relation to your personal data as outlined below: REQUEST ACCESS to your personal data - this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it; REQUEST CORRECTION of the personal data that we hold about you - this enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us; REQUEST ERASURE of your personal data - this enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law; OBJECT TO PROCESSING of your personal data where we are relying on a legitimate interest and there is something about your particular situation that makes you want to object to processing on this ground as you feel it affects your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes; REQUEST RESTRICTION OF PROCESSING of your personal data - this enables you to ask us to suspend the processing of your personal data in the following scenarios: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it; REQUEST THE TRANSFER of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you; WITHDRAW CONSENT at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products to you. We will advise you if this is the case at the time you withdraw your consent.

- You will not have to pay a fee to access your personal data or to exercise any of the other rights. However, we may may refuse to comply with your request if your request is clearly unfounded, repetitive or excessive.

- We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

- We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.