The Fine Print

01. Introduction

This Policy sets out the essential details relating to your personal data relationship with Merchacha Inc (d/b/a Brandmerch.com). The Policy applies to all Brandmerch.com services and any associated services. The terms governing your use of the Brandmerch.com are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

The aim of this Policy is to:

1. Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;

2. Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the Brandmerch.com service; and

3. Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see our contact information below.

02. Your rights and your preferences

You may be aware that a new European Union law, called the General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:

• Right of Access – the right to be informed of and request access to the personal data we process about you;

• Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;

• Right to Erasure – the right to request that we delete your personal data;

• Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;

• Right to Object –

  • The right, at any time, to object to us processing your personal data on grounds relating to your particular situation;

  • The right to object to your personal data being processed for direct marketing purposes;

• Right to Data Portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and

• Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

03. How we collect your personal data

We collect your personal data in the following ways:

1. When you create an account with Brandmerch.com – when you create an account with Brandmerch.com, we collect certain personal data so you can use the Brandmerch.com service such as your full name, email address, billing address and shipping address.

2. Through your use of the Brandmerch.com service – when you use the Brandmerch.com Service, we collect personal data about your use of the Service, such as what searches you perform, what products you view and what products you purchase.

We use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the Brandmerch.com Service, and developing new features and functionality within the Brandmerch.com Service.

04. What personal data do we collect from you?

Information You Give Us

You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through Brandmerch.com; provide information in Your Account (and you might have more than one if you have used more than one email address when shopping with us); communicate with us by phone, email, or otherwise; complete a questionnaire or a contest entry form; use our services such as ; compile Moodboards, Team Pages, Collections or other gift registries; or provide and rate Reviews.  As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; people (with addresses and phone numbers); email addresses of your friends and other people; content of reviews and emails to us; and financial information.

Automatic Information

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login;email address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features like Top Sellers ; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; and the email address you used to contact customer service. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

Mobile

Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

If you require further information about the balancing test that Brandmerch.com has undertaken to justify its reliance on the legitimate interest legal basis under the GDPR, please see our contact information below.

05.  Data retention and deletion

We keep your personal data only as long as necessary to provide you with the Brandmerch.com Service and for legitimate and essential business purposes, such as maintaining the performance of the Brandmerch.com Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the Brandmerch.com Service. For example, we keep your purchase history and account information.

If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:

• If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;

• Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,

• Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

06. Links

We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the Brandmerch.com Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.

07. Keeping your personal data safe

We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymization, encryption, access, and retention policies to guard against unauthorized access and unnecessary retention of personal data in our systems.

Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the Brandmerch.com Service.

08. Children

The Services provided by Brandmerch.com is not directed to children under the age of 13 years. However, in some countries, stricter age limits may apply under local law.

We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the Brandmerch.com Service, and do not provide any personal data to us.

If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to Brandmerch.com, please contact us using the ‘Contact Us’ form, and you may request exercise of your applicable rights.  If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the Brandmerch.com account for that child.

09. Accessing our Site

By visiting our web sites, you are accepting the practices described in this policy. Your visit to our web sites and any dispute over privacy is subject to this policy and our Terms and Conditions (“conditions”), including limitations on damages and application of the law of the State of Ohio.

The website is best viewing Internet Explorer 7x or above, Firefox (all versions), Safari 3x and above, and Google Chrome (all versions).

10. How to contact us

Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact us by using the ‘Contact Us’ form on your webstore or by writing or emailing us at the following address:

Merchacha, Inc.
637 Saint Anns Drive
Laguna Beach, CA 92651
Support@brandmerch.com