Amber Shops, Inc. and its subsidiaries, affiliates, and related entities (collectively, “Amber,” "we," or "us") recognizes the importance of data privacy, and this Privacy Policy sets forth the terms and conditions with respect to how we process personal information. This Privacy Policy describes, among other issues, the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights and responsibilities you may have with respect to such personal information.

This Privacy Policy applies to the personal information you provide us when you (i) visit any website or app that we own, license, or otherwise operate and that links to this Privacy Policy (each, a “Site”), (ii) receive services through the Site, or (iii) otherwise contact or engage with us. For purposes of this Privacy Policy, the Site and all services provided by Amber through a Site shall be referred to collectively as the “Services.”

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING US WITH PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS & CONDITIONS AND OUR COOKIE POLICY.

You must be at least sixteen (16) years of age to access the Services. Amber is headquartered in the United States, and the personal information you provide to Amber may be processed and stored in the United States. For more information on our data transfer practices, please see Section 9 (Data Retention and Localization).

Scope

This Privacy Policy applies to personal information that Amber receives during its business operations as a “data controller” - which means we determine the purpose and means of processing such personal information. For purposes of this Privacy Policy, the term “personal information” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “personal information” does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. Amber may anonymize or de-identify personal information, and such data is not subject to this Privacy Policy, and Amber may use such data for any legal purpose.

The Types and Categories of Personal Information We Collect 

Amber collects personal information in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Policy. When you do not provide personal information to Amber, we may not be able to provide you the Services you requested. Generally, we collect the following types and categories of personal information during our business operations:

• Personal Identifiers

  • Identifiers, such as your name, alias, address, email address, account name, and telephone number.

• Registration Data

  • Information provided when you register for an account to use the Site, including usernames and passwords.

• Online Identifiers (For more information, see “Technical Data” below)

  • Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology.

• Commercial Information

  • Records of the Services you obtained, or considered, or your other purchasing or consuming histories or tendencies with respect to our Services.

• Business Contact Data

  • Information related to employees, owners, directors, officers, or contractors of a third-party organization with whom we conduct, or may conduct, business activities.

• Health and Disability Data

  • You may furnish us with health-related information in the event we undertake health screening, or accommodate a disability when you engage with us.

• Marketing and Communications Data

  • Information with respect to your marketing preferences and your subscriptions to our publications and alerts.

• Internet and Electronic Network Data

  • Data pertaining to your access or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites, and information derived from any device that connects to our WiFi services.

• Your Feedback

  • Information you provide about our Services, which may include data gathered from any Amber surveys or reviews submitted by you. 

• Visitor Information

  • Information an individual provides when visiting any physical location or premises of Amber.

• Geolocation Data

  • Information about the general city, state, or region in which a user of the Site is located.

• Inferences

  • Inferences drawn from some of the personal information categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior.

Technical Data

When you access the Site, we collect certain data automatically using technical means and tools. This data relates to your device, as well as your experience on the Site and other websites, including the following:

Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.

Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged.

Site Monitoring. Please be aware that we, and our service providers and partners, use cookies and other tracking technologies within the Site to monitor and record any and all activities and communications to, from, and on, the Site in order to safeguard, improve, and analyze usage of, the Site, for marketing, and for the other purposes listed in this Privacy Policy. For the avoidance of doubt, you hereby acknowledge, agree, and consent to, such monitoring and recording by us and our service providers and partners. 

Non-Cookie Technologies. Our Site may deploy “Non-Cookie Technologies” to support our digital advertising programs. These technologies often include browser cache, locally stored objects, or the creation of a statistical identifier wherein an identifier, much like a cookie identifier, is calculated based on the characteristics of a browser or device that distinguishes it from other browsers or devices. These identifiers are calculated either from the data your browser or device shares automatically with the Site or with additional data specifically requested from your browser or device. For more information, see https://thenai.org/wp-content/uploads/2021/07/NAI_BeyondCookies_NL.pdf.

Sources of Information

We collect the personal information identified herein directly from you when you use our Services, through automated means when you are using the Site, and from third parties, as follows:

First Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., registering accounts, signing up for subscriptions) or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.

Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).

Third-Party Sources. We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references.

How We Use your Information / Purpose of Collection

We may use the personal information we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests.

Your personal information is used to;

• Provide, operate, maintain, improve, and promote our Services, including optimization of offerings presented to you.

• Enable you to access and use our Services.

• Send you messages and communications related to our Services (e.g., responses to your comments, questions, and requests, customer services).

• Furnish technical notices, updates, security alerts, and support and administrative messages to you about our Services.

• Provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, and events).

• Research, monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests.

• Investigate and prevent fraudulent or unauthorized access to or use of our Services, Site cybersecurity, and other illegal activities.

• Personalize our Services, including providing features or advertisements that match your interests and preferences.

• Amber may collect and use your personal information for any other purpose for which we obtain your consent.

Sharing Information / Third-Party Disclosures

We share your personal information as described below and in this Privacy Policy, and as permitted by applicable law.

• Service Providers

  • We share personal information with third parties in connection with the delivery of our Services (e.g., credit card processing, customer service, business analytics, fraud prevention, legal compliance services, and advertising and marketing).

• Business Partners

  • We may share your personal information with third parties that distribute our services and marketing materials.

• Business Restructuring

  • Circumstances may arise where, for strategic or other business reasons, we decide to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of our assets.

• Legal; Compliance; Legitimate Interests

  • We may disclose personal information (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, we may disclose your personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests.

• Consent

  • In addition to the reasons for disclosure set forth herein, we may also disclose your personal information upon your consent.

In the event that you request information from or otherwise engage with Amber, and such activities require Amber to share your personal information with a service provider or other third party, you hereby consent to such disclosure and/or direct Amber  to intentionally disclose your personal information to the service provider or third party.

 Social Media/ Platform Data Rights

We may engage with you on various social media platforms (e.g., Facebook, Twitter, Pinterest, Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Those communications to and from us are governed by this Privacy Policy. However, your use of a social media platform is also subject to the policies and terms of the relevant social media platform. Certain social media platforms may also automatically provide us with your personal information, the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site includes social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.

According to the terms and conditions governing certain social media platforms, you may request that the information, data, or other content we obtain from or through the social media platform (“Platform Data”) be deleted or modified. If you would like Platform Data related to you deleted or modified, please contacts us in accordance with the “Contact Us” section below and (i) identify the social media platform at issue and (ii) the Platform Data that you would like deleted and/or modified, and if modified, the modification to said Platform Data. We may also delete Platform Data if requested by the social media platform.

Links to Other Websites; Your Direct Third-Party Disclosures

Third-Party Sites. As a resource to you, the Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties (e.g., credit card processors). Our Privacy Policy does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.

Video Links. We may include videos on our Site. By clicking on videos on our Sites, it may (i) take you to a third party’s site to play the video, or (ii) play the video on our Site and this functionality may be supported by a third party’s site or technology (e.g., YouTube, YouTube API, Vimeo, or another third party site). In any such case, by playing the video you shall become subject to the third party’s terms and conditions, including, but not limited to, its terms of service and policies on privacy and collection and use of your personal information, including the legal terms from YouTube and Vimeo.

Data Retention and Localization

The period during which we retain your personal information varies depending on the purpose for the data processing. For example, we retain personal information for as long as needed to provide you with our Services, to comply with our legal obligations, to engage in marketing activities, and for as long as is necessary to defend our legal or business interests. In all other cases, we retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy.

Amber is based in the United States, and the personal information that we collect and process is retained and stored in the United States. Amber uses service providers that store personal information on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal information may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. By continuing to provide us such information, you hereby acknowledge and agree that your personal information will be transferred to, and stored in, the United States and in such other third countries.

Security

We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS. ANY PERSONAL INFORMATION AND DATA YOU PROVIDE TO US IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION CAUSED BY A THIRD PARTY. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately (and in any event within twenty-four (24) hours) if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.

No Data Collected from Children

The Site is not directed at, nor intended for use by, children. As a result, if you are under the age of sixteen (16), you are prohibited from accessing or using the Services (including the Site) or with providing us with your personal information.

Your Responsibilities

You are permitted, and hereby agree, to only provide personal information to Amber if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO Amber, YOU EXPRESSLY REPRESENT AND WARRANT TO Amber THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE Amber WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT Amber’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY Amber FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO Amber.

Updating Your Information

It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g., name, telephone number, email), and you must do so when such changes are warranted. You may review, update, or modify your personal information, including profile and contact information, at any time by logging into your Amber account. You may request deletion of your personal information or Amber account by emailing hello@ambershops.co.

Email Marketing and Your Rights

You have the right to opt out of receiving email marketing communications from us. Generally, the email marketing communications that you receive from us will provide you an option to “unsubscribe” from receiving future email marketing communications from us. You may also unsubscribe from such email marketing by contacting us in accordance with the “Contact Us” section listed below. You hereby agree to immediately notify Amber, in writing, in the event you no longer own, license, or use an email address to which you subscribed to receive email marketing from us.

Your United States Privacy Rights

Depending on your location and applicable law, you may be entitled the following data privacy rights and privileges:

• Right to Know. You may have the right to know about what personal information Amber collects and processes about you, including the types and categories of personal information we collect and process, the sources of such personal information, our retention criteria, with whom we share your personal information, cross-border data transfers, and how to file complaints and inquiries.

• Rectification. You may have the right to have your personal information corrected/rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate personal information about you and, taking into account the purposes of the processing, update any incomplete personal information, which may include the provision of a supplementary statement.

• Deletion. You may have the right to have your personal information deleted. However, your right to deletion is subject to statutory limits and prerequisites.

• Data Portability. You may have the right to request we provide you with your personal information in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible.

• Withdrawing Consent. You also may withdraw your consent at any time if we are solely relying on your consent for the processing of your personal information. However, this will not impact our legal basis to process such personal information prior to the withdrawal of your consent.

• Do Not Share/Targeted Advertising Rights. You may have the right to opt out from having us disclose your personal information to third parties for targeted advertising purposes. This is sometimes referred to as the right to opt-out of the “sharing” of personal information for cross-contextual behavioral advertising purposes. To prevent your personal information from being used in these circumstances, please click on the cookie management tool (sometimes visible as a “Your Privacy Choices” link) on the footer of the site to set your cookie preferences. 

  
  

We will facilitate your exercise of the rights that apply to you in accordance with applicable law. However, even if your personal information is not afforded protection under, or otherwise subject to, a data protection law, we may seek to accommodate any request or inquiry you may have with regard to our data processing activities. If you have questions about your rights or wish to exercise your rights, you can contact in accordance with the “HOW TO CONTACT US” section listed below.

Privacy Appeals; Complaints

In certain jurisdictions, you may have the right to appeal a decision Amber has made with respect to your privacy request. To submit a privacy rights decision appeal, please email in accordance with the “HOW TO CONTACT US” section listed below with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review. 

Depending on applicable law, you may have the right to submit a complaint to a data protection authority responsible for overseeing our compliance with data protection law in your jurisdiction. Please see a list of potentially applicable regulatory authorities:

• If you are a resident of Colorado, you may file privacy complaints with the Colorado Attorney General at: https://coag.gov/file-complaint/.

• If you are a resident of Connecticut, you may file privacy complaints with the Connecticut Attorney General at: https://portal.ct.gov/DCP/Complaint-Center/Consumers—Complaint-Center).

• If you are a resident of Virginia, you may file privacy complaints with the Virginia Attorney General at https://www.oag.state.va.us/contact-us/contact-info.

  
  

We would, however, appreciate the opportunity to address your concerns, so please feel free to contact us regarding any complaint you may have. We will not discriminate against individuals for exercising their data privacy rights or filing a privacy complaint. 

Do-Not-Track Signals 

Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.

Persons with Disabilities

Amber strives to ensure that every person has access to information related to our Services, including this Privacy Policy. Please contact us if you would like this Privacy Policy provided in an alternative format, and we will seek to meet your needs.

Changes to the Policy

We reserve the right to amend this Privacy Policy at any time. We will notify you if this Privacy Policy is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto. Your use of the Services, and continued use of the Services after any amendments are made to this Privacy Policy, signifies your consent to this Privacy Policy and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Policy; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto.

Contact Us

If you have questions regarding this Privacy Policy or our handling of your personal information, would like to request more information from us, or would like to exercise a data privacy right, please contact us at: hello@ambershops.co.