Pirate Livin, Inc.

Effective as of 04/20/2023

We at Pirate Livin Inc. (“Pirate Livin Inc.,” “we,” “us,” or “our”) created this privacy policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Pirate Livin Inc. in connection with our online services (the “Services”), which are made available to you through our website located at www.piratelivin.com (the “Site”).

By visiting our Site and/or using our Services, or by permitting your child to use our Services, you are agreeing to the terms of this Privacy Policy and our Website Terms and Conditions/Website Terms of Use. We may from time to time change this Privacy Policy, so please check back periodically.

INFORMATION WE COLLECT

Personal Information

If, upon visiting our Site, your use is limited to browsing our Site, we will not collect any personal information from you unless you voluntarily provide it to us. However, we may request personal information from you (“User”) at all other times (hereinafter referred to as “Personal Information”). For example:

If you enroll in any and all accounts through the Site, we may ask that you provide us with certain personal information, including, your first name, last name, email address, credit card number, expiration date, mailing address, and telephone number.
If you post to our discussion forums, we will ask that you provide us with your name, e-mail address, and password.
If you want to enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we will need your name, e-mail address and other information as may be required by the rules of the specific contest.
If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey.
If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, membership number, address, phone number and fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.

If we learn we have collected Personal Information from a User under the age of 13 without parental consent, or if we learn a User under the age of 13 has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a User under the age of 13 may have provided us Personal Information in violation of this Privacy Policy, please contact us at customersupport@piratelivin.com.

Usage Information

Like most websites, we use automatic data collection technology when you visit the Site to record information that identifies your computer, to track your use of our Site, and to collect certain basic information about you and your surfing habits. This information includes information about your operating system, your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, and similar information concerning your use of the Site and the Services (the “Usage Information”).

Cookies and similar technologies

When you visit our Site, we may collect personal data from you automatically by using cookies or similar technologies. A cookie is a small file that can be placed on your device or browser that allows us to recognize and remember you.

We use Cookies and similar tracking technologies to track the activity on our Site and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze the Site. The technologies we use may include:

Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, You may not be able to use some parts of our Site. Unless you have adjusted your browser setting so that it will refuse Cookies, our Site may use Cookies.
Flash Cookies. Certain features of our Site may use local stored objects (or Flash Cookies) to collect and store information about your preferences or your activity on our Site. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how you can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

● Strictly Necessary Cookies
Type: Session Cookies
Administered by: Us
Purpose: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

● Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Site.

● Performance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

● Functional Cookies
Type: Persistent Cookies
Administered by: Us and/or Third-Parties
Purpose: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

● Targeting Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

We do not collect Personal Information in this way, but if you’ve provided us with Personal Information, we may associate that information with the information that is collected automatically.

HOW WE USE YOUR INFORMATION

We may use your Personal Information and Usage Information in a manner that is consistent with this Privacy Policy and the context of our relationship with you. We will use your Personal Information and Usage Information collected through the Site for the following purposes:

To identify you when you sign in to your account;
To respond to your requests and to provide you with the Services;
To respond to your inquiries and contact you about changes to the Site and/or the Services;
To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving, and for billing and collection purposes;
To send you information we think you may find useful or that you have requested from us;
To enhance and improve the Site or the Service, such as through personalized features and content;
To analyze the use of the Site and the Service and the people visiting to improve our content and Site and the Service;
To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, or as otherwise required by law;
For any other purposes disclosed at the time the information is collected or to which you consent; and
As otherwise specifically described in this Privacy Policy.

Text Messages and Telephone Calls

By providing us your phone number, you are consenting to us, our affiliates, or our partners contacting you via autodialed or prerecorded calls/messages and/or text messages. We may contact you at any telephone number you have provided us, including phone numbers you have made publicly available through your account, for the following purposes:

Account notifications and troubleshooting;
Dispute resolution and debt collection; or
As necessary to service your account or enforce our Terms and Conditions and policies, applicable law, or any other agreement we may have with you.

We may also contact you using autodialed or prerecorded calls/messages and/or text messages for marketing purposes (e.g., offers and promotions) if you explicitly consent to such communications, even if your number is on any national or state Do Not Call registry; your consent to receive such calls/messages is not a condition of purchasing any of our Services or using our Site. We may collect other telephone numbers for you and may place manual, non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Messaging frequency may vary. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. Carriers are not liable for delayed or undelivered messages. If you do not wish to receive such communications, you can contact us at customerservice@piratelivin.com or at the contact information listed below.

In no event will any personal information collected through the short code used by our text messaging service be shared with any third party.

HOW WE SHARE YOUR INFORMATION

We may share personal information in the following circumstances or as otherwise described in this policy:

We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, and marketing and advertising.
If you submit a product review or post content in another public area of our Services, we share this information publicly on our Services.
We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
We may share personal information if we believe that your actions are inconsistent with our Terms & Conditions or other user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Pink Lily, our users, the public, or others.
We share personal information with our lawyers and other professional advisors where necessary to

obtain advice or otherwise protect and manage our business interests.

We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
Personal information is shared between and among Pink Lily and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.
We share personal information with your consent or at your direction.

We may also share aggregated or de-identified information that cannot reasonably be used to identify you.

HOW WE PROTECT YOUR INFORMATION

It is important to remember that whenever you voluntarily disclose personal information on-line, your information can be collected and used by others. If you transmit or post personal information on-line that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, We take commercially reasonable steps to protect the Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. We cannot guarantee and do not warrant the security of our databases, nor the guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. All such transmission of information is at your own risk. Moreover, though we are committed to having our Web Site comply with this Privacy Policy, you are ultimately responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.

WHO WE DISCLOSE YOUR PERSONAL INFORMATION TO

We do not disclose your Personal Information to third parties for their direct marketing purposes.

We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personal Information.

Third parties that have links on our Site may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third party site, you should contact the site administrator or web-master of the specific site. We may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We will maintain your information in accordance with the terms of this Privacy Policy. However, this Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, you should contact them directly.

If we or all or substantially all of our assets are acquired, we expect that the information that we have collected, including Personal Information, would be transferred along with our other business assets.

We may disclose your Personal Information and Usage Information to government authorities and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We may also disclose your Personal Information and Usage Information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of this Site, or anyone else that could be harmed by such activities.

Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with this website with affiliates and service providers.

DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

No, as a general rule, we do not sell or rent your personally identifiable information to any one. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.

HOW TO OPT-OUT OF PROMOTIONAL EMAILS

If at any time, you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to customerservice@piratelivin.com You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email.

COMPLIANCE WITH THE CCPA

The California Consumer Privacy Act of 2018 (CCPA) gives consumers more control over the personal information that businesses collect about them.

Disclosure and Access Rights

You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months.

Such information includes:

the categories of personal information we collected about you;
the categories of sources from which the personal information is collected;
our business or commercial purpose for collecting such personal information;
the categories of third parties with whom we share the personal information;
the specific pieces of personal information we have collected about you; and
whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained.

Deletion Rights

You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

No Discrimination

We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

Opt-Out Rights

You may request that businesses stop selling your personal information (“opt-out”). With some exceptions, businesses cannot sell your personal information after they receive your opt-out request unless you later provide authorization allowing them to do so again. Businesses must wait at least 12 months before asking you to opt back in to the sale of your personal information.

How to Exercise Your Rights

To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using customersupport@piratelivin.com

COMPLIANCE WITH THE GDPR

For the purpose of clarity, data processing of individuals in the European Union (EU) is carried on only occasionally and as such, no EU representative has been designated, however the General Data Protection Regulation (GDPR) (EU) 2016/679 may apply to you if you are resident of, reside in or are located in the EU.

If the GDPR applies, in this Privacy Policy, “Personal Information” shall also include the definition of “Personal Data” under the GDPR and terms that are defined in the GDPR shall be defined in this Privacy Policy in accordance with the GDPR.

If the GDPR applies, this paragraph applies in addition to the above paragraphs to the extent that we are acting as a “Data Controller” with respect to your Personal Information.

Consent and right to withdraw consent

By clicking accept to this Privacy Policy or otherwise notifying us of your acceptance of this Privacy Policy, you agree that you are providing express, freely given consent to us processing your Personal Information for the purposes outlined above and that we may lawfully process your Personal Information on the basis of this consent. To the extent that our legal basis for processing your Personal Information is consent, you have a right to withdraw consent to the collection of your Personal Information at any time by sending us a written request to do so via the contact details above.

Legal Basis

Our legal bases for collecting and processing your Personal Information for the purposes listed above may be:

your express consent;
for our legitimate interests in providing information about the Services to you or providing the Services to you and improving and developing the Services; and/or
in order to perform a contract (whether verbal or written) for you in order to provide paid Services to you.

Your rights

We have summarized your rights under the GDPR, but please note that not all of the details of your rights have been included in these summaries. Please ensure to read the relevant laws and guidelines for a full explanation of these rights. You may exercise these rights by contacting us to notify us of the rectification or provide information to complete your Personal Information.

(a) Right of access

You have a right to obtain confirmation as to whether or not your Personal Information is being processed and, if so, you may request access to that Personal Information and further information including the purposes of the processing, the categories of Personal Information concerned and the recipients of the Personal Information. The first copy of such information will be provided free of charge, but additional copies may be subject to a reasonable fee.

(b) Right of rectification

You have the right to obtain the rectification of inaccurate Personal Information concerning you and you have the right to have incomplete Personal Information completed.

(c) Right to erasure

You have the right to obtain the erasure of your Personal Information without undue delay if:

the Personal Information is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
you withdraw consent to consent-based processing;
you object to the processing under certain rules of the GDPR; or
the Personal Information has been unlawfully processed.

However, there are exclusions of the right to erasure such as where processing is necessary to exercise the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.

(d) Right to restriction of processing

You have the right to restrict the processing of your Personal Information if:

you contest the accuracy of the Personal Information;
processing is unlawful but you oppose erasure;
we no longer need the Personal Information for the purposes of our processing, but you require Personal Information for the establishment, exercise or defence of legal claims; or
you have objected to processing, pending the verification of that objection.

Where processing has been restricted on this basis, we may continue to store your Personal Information, however we will only process it with your consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.

(e) Right to data portability

To the extent where your Personal Information has been provided based on consent, under a contract, or where processing is carried out by automated means, you have a right to receive Personal Information concerning you in a structured, commonly used and machine-readable format and you have a right to transmit that data to a Data Controller, except where this would adversely affect the rights and freedoms of others.

(f) Right to object

You have the right to object to our processing of your Personal Information for direct marketing purposes. If you make such an objection, we will cease to process your Personal Information for this purpose.

WHERE IS THE SITE OPERATED AND WHERE IS MY INFORMATION STORED?

The Site and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Site or the Services, you consent to this transfer.

WHEN IS THIS PRIVACY POLICY EFFECTIVE AND WHEN CAN IT BE CHANGED?

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time and will post any changes on the Site as soon as they go into effect. By accessing the Site or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

HOW TO CONTACT US?

If you have questions about this Privacy Policy, please e-mail us at customersupport@piratelivin.com “PRIVACY POLICY” in the subject line, or visit our page and hit contact us.

Privacy Policy

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