Last Updated: September 22, 2020
This Website is intended for users who are located in the United States of America. Any users of the Website not located in the United States of America understand and agree to submit to the applicable laws and jurisdiction(s) of the United States of America which govern the use of this Website and the owner’s collection and use of your personal information. If you access this Website from the European Economic Area or Switzerland, please see the section below headed “International Visitors”.
I. The Information We Collect
1.1. Personal Information. We collect personal information from you when you submit it to us, including by: (i) placing an order; (ii) registering as a customer; (iii) emailing or calling us; (iv) participating in promotions, surveys, email newsletters, or other features of the Website; and (v) communicating or coordinating with a customer service representative. Such personal information may include your first and last name, email address, mailing and residential address, telephone number, title, birth date, sex, other demographic information (such as occupation and income bracket) and other information needed to provide a product you have requested.
1.2. Non-Personal Information. When you browse our Website and affiliated sites, we may collect non-personal information from you, including your Device’s Internet Protocol (IP) address (the Internet address of your Device), browser type, operating system, the specific pages you visited during your connection, and the domain name from which you accessed the Website. In addition, we may collect information about your browsing behavior, such as the date and time you visited the Website, the areas or pages of the Website that you visit, the amount of time you spend viewing the Website, the number of times you returned to the Website, and other clickstream data. We may also use non-personal information for statistical analysis, research, and other purposes.
1.3. Third Party Information. destinysdivide may collect information from you when you provide information to a third party and destinysdivide subsequently acquires or uses the information provided to it by the third party. Such information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and names of carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as you may have provided to the third party. When acquiring this information, destinysdivide seeks assurances from the third party that you agreed to provide and have such information acquired by destinysdivide. If you did not give express permission, or you would like to remove your permission, you may suppress all of your information by sending notification to us at [email protected].
You may also choose to set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions.
Please note that if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Website, or that we may put on our Website in the future.
We may also use web beacons on the Website, in our emails, and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your Website visit, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to the Website. Web beacons help us analyze the Website visitors’ behavior and measure the effectiveness of the Website and our advertising. We may work with service providers, such as Google Analytics, that help us track, collect and analyze this information.
1.6. No Information Collected from Children. destinysdivide will never knowingly collect any personal information about children under the age of eighteen (18). If destinysdivide obtains actual knowledge that it has collected personal information about a child under the age of eighteen (18), that information will be immediately and permanently deleted from its database. Children under the age of thirteen (13) are not permitted to use the Site under any circumstances. Because it does not collect such information, destinysdivide has no such information to use or to disclose. destinysdivide has designed this policy in order to comply with the Children’s Online Privacy Protection Act (COPPA). destinysdivide encourages parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide their personal information to a site without parental permission. Any parent who believes their child has accessed the Site should immediately notify destinysdivide at [email protected] so that any data collected in relation to such child can be deleted.
1.7. Credit Card Information. destinysdivide collects credit card numbers and related information when an individual places an order with destinysdivide. When the credit card information is submitted over the Website, such information is encrypted, protected and stored on secured servers. destinysdivide will use the credit card information for purposes of processing and completing purchase transactions, and the credit card information will be disclosed to third parties only as necessary to complete the purchase transaction and/or process payment or any refund. Such third-party companies are obligated to keep your credit card information secure.
II. How We use the Information We Collect
We use the information we collect on our Website to provide a superior shopping experience and to communicate with you about products, services and promotions.
2.1 General Use. We may use the information you provide or which we collect from your browser or Device to:
Respond to your requests and create an account for you;
Complete a purchase transaction (including filling your product order);
Communicate with you regarding your order(s) or to notify you about other products or services;
Operate our Website and customize your experience;
Provide you with information regarding Website updates, customized content, advertising, and services;
Identify or remedy potential threats to the Website’s security;
Conduct research about your use of the Website; and
For any other purpose stated at the time the information is provided or collected.
2.2. Email and Unsubscribe Policy. When you submit your email address through the Website, you will be asked whether you wish to receive offers and information about our store or products by e-mail. If you agree to receive such communications by e-mail and subsequently decide to end your email subscription, please follow the instructions at the end of any email message to unsubscribe or e-mail us at [email protected] and request to unsubscribe. Please allow up to 10 business days for any removal request to be processed. Please note that if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, customer care notifications, etc.). If you have questions or concerns regarding this provision, please contact us by phone at +1 (855) 290-8300, by e-mail at [email protected], or by mailing us at: Fobia d.o.o. Kekčeva Ulica 12, 1000 Ljubljana, Slovenia.
2.3 Telephone Number and Unsubscribe Policy. If you wish for us to no longer contact you by telephone, please contact us by calling +1 (855) 290-8300, by e-mailing us at [email protected], or by mailing us at: Fobia d.o.o. Kekčeva Ulica 12, 1000 Ljubljana, Slovenia.
2.4. Storage of Individual Information. Your personal information is stored on secure databases and servers behind a firewall. Your credit card information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) and securely stored by a third-party PCI-compliant service provider. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction and any refund that may be requested. 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.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or request a return and replacement of a product damaged during shipment, 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 express consent, or provide you with an opportunity to say no.
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 calling us at +1 (855) 290-8300, by e-mailing us at [email protected], or by mailing us at: Fobia d.o.o. Kekčeva Ulica 12, 1000 Ljubljana, Slovenia.
We may disclose information collected from and about you as follows:
(a) With any of our third party service providers in connection with the products we provide to perform a business, professional, or technical support function. 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 in 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 the a country outside the United States 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;
(c) To respond and comply with legal process (such as a search warrant, subpoena, or court order) and to provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise required by law; and/or
We may also disclose your personal information with your express consent.
V. Third Party Services and Links
VI. Interest-Based Advertising
To opt out of these types of ads, please visit the Network Advertising Initiative (NAI) for information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about interest based advertising and how to opt-out from online behavioral ads served by some or all participating companies.
To protect your personal information, we take reasonable precautions and follow industry practices to help ensure 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 an 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.
VIII. Age of Consent
By using this Website, you represent that you are at least the age of eighteen (18) or the age of majority in your state or province of residence, whichever is greater.
IX. Foreign Use of the Website
To the extent that you are accessing the Website while domiciled outside of the United States, you acknowledge that the personal information you are providing over the Website may be collected and stored in the United States and therefore consent to the transfer of information from your domiciled country to, and storage of the information outside of your domiciled country in, the United States.
X. California Consumer Rights
The California Consumer Privacy Act
10.2 We may collect the following categories of information:
We may collect the above categories of personal information directly from you, such as when you complete forms; indirectly from you, such as observing your actions on the Site; and from publicly available sources.
10.3 California residents have the following rights, subject to certain exceptions as set forth in the CCPA:
Right to Notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.The Right to Know Request and the Right to Access. The CCPA permits you to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:
- Categories of and specific pieces of personal information we have collected about you.
- Categories of sources from which we collect personal information.
- Business or commercial purposes for collection, using, or selling personal information.
- Categories of third parties with which we share personal information.
- Categories of personal information disclosed about you for a business purpose.
- If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.
The Right to Say No to the Sale of Personal Data. You also have the right to ask us not to sell your Personal Data to third parties. you can submit such a request by sending an email to [email protected].
The Right to Delete Personal Data. You also have the right to request the deletion of your Personal Data, subject to certain exceptions.
Protection from Discrimination: Subject to certain exceptions provided by law, you have the right to not be discriminated against by us because you exercised any of the CCPA rights described above, including by:
- Denying goods or services to you,
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties,
- Providing a different level or quality of goods or services to you, or
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
10.4 If you are a California resident with such rights pursuant to the CCPA, you can make a request listed above by either calling us, toll-free, at +1 (855) 290-8300 or by emailing us at [email protected]. You will need to provide us with enough information to identify you, including proof of your identity and address, and a description of what right you wish to exercise. Please note that you may only make a CCPA access request twice within a 12-month period.
10.5 We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice. If You elect to withdraw your consent, or request that We stop collecting, using, and/or retaining your Personal Data, We may nevertheless be legally required to retain some or all of your Personal Data, notwithstanding Your request.
10.6 We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
10.7 California residents who wish to exercise their rights to access, know, and/or delete their personal information may submit a request to [email protected] or by calling us, toll-free, at +1 (855) 290-8300. We may require additional information from you in order to verify your request, as required by the CCPA.
California “Shine the Light” Law
10.8 California law permits its residents to request and receive information about a business’ disclosure of certain categories of personal information to other companies for their use in direct marketing. If you are a California resident and user of our Site, products, or services, you can request a copy of this information from Fobia d.o.o. by contacting us by any means provided in the “Questions and Contact Information” section below. Such request must include your name and email address, and postal address for email requests, or your name and postal address in mail requests. Please include “California Data Privacy Request” in the subject line of your email to assist processing such request
10.9 This Section 10 does not, and shall not be construed to, extend any right enumerated herein to any person that would not otherwise have such right pursuant to applicable law.
California Consumer Rights
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected]
XI. International Visitors
This section applies to those that visit the Website from the European Economic Area or Switzerland.
We process personal information with your consent (e.g., when we process personal information to provide goods and services you request). On other occasions, we may process personal information when we need to do so to fulfill a contract or where required to do this by law.
If necessary, we may also process personal information when it is in our legitimate interests to do this (e.g., for customer service) and when these interests are not overridden by your data protection rights.
XII. Your Rights
You have a right to the following:
- To request access to the personal information we hold about you;
- To request that we rectify or erase your personal information;
- To request that we restrict or block the processing of your personal information;
- Under certain circumstances, to receive personal information about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal information directly to another; and
- Where we previously obtained your consent, to withdraw consent to processing your personal information.
To exercise these rights, contact us using the “Questions and Contact Information” section below. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.
Additionally, you have the right to lodge a complaint against us. To do so, contact the supervisory authority in your country of residence.
XIII. Data Retention Practices
We will process and store your information only for the period necessary to achieve the purpose of the storage, or as permitted by law. The criteria used to determine the period of storage of information is the respective statutory retention period. After expiration of that period, the corresponding information is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy.
XV. Questions and Contact Information
If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact us at +1 (855) 290-8300, [email protected], or by mail at Fobia d.o.o. Kekčeva Ulica 12, 1000 Ljubljana, Slovenia.