SUPER CRITICAL BRANDS ONLINE PRIVACY POLICY

  1. Our Commitment to Privacy.

 

This notice describes our Privacy Policy. Our privacy policy explains how the Super Critical Brands, LLC DBA Highly Capitalized (“Highly Capitalized”) collects, uses, and protects the personal information obtained through the use of our Highly Capitalized website www.supercriticalbrands.com (“Site”). By accessing or using the Site you are accepting the practices described in this Privacy Policy. Your use of our Site and any dispute over privacy, is subject to this Privacy Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Highly Capitalized Terms of Use are incorporated by reference into this Privacy Policy.

 

  1. Information We Collect.

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site. Highly Capitalized has implemented technical and organizational measures with respect to processing personal information from European Union individuals for purposes of the EU General Data Protection Regulation (“GDPR”). Upon request, we will provide you with information as to whether and what personal data we store in relation to you. Should your personal data be incorrect, you may request to have it rectified. You may also revoke your consent to use your personal data in the future, in whole or in part, or request deletion of your personal data.

When you provide us with information through this Site, we may collect various Personal Information including your name‚ email address‚ mailing address‚ shipping address‚ phone number and payment and billing information.

There may also be times where you provide us with information in the course of our marketing or customer service activities, such as using our customer service help desk, submitting a testimonial, or rating, or providing product or service feedback.

In addition, we may also collect non-personally identifiable information, such as IP addresses (which identify your device), pages viewed, computer type, screen resolution, operating system version, Internet browser type and version, information collected through cookies, pixel tags, web beacons, and other technologies, and other data (“Non-Personal Information”).  Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose. Non-Personal Information will be retained only for so long as to fulfill a legitimate business need.

We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area (“Aggregate Information”). In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined, and may aggregate any information collected in a manner which does not identify any individual.

We do not collect any types of Sensitive Data from our users. Sensitive Data includes any personally identifiable information pertaining to: race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality, and sex life or sexual orientation. Please immediately notify us if you have accidentally submitted any Sensitive Data and we shall promptly remove such information.

  1. Information from Other Sources.

In order to improve our products, services or marketing efforts, we may collect information about you from third party sources. The information may include demographic information, psychographic information, and geographic location-based information. These third-party sources may include public record databases‚ marketing data providers‚ data sharing cooperatives‚ and others.

We may use automated devices and applications, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

 

  1. How and When the Information is Used.

The information we collect is used for administering our business activities. No Personal Information is sold, gathered or used for any other purpose. We may additionally use the information to notify you about changes to our Site, new services, or special offers.

 

  1. Communications. We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions in any email we send.

 

  1. How We Share Your Information.

We may share your information, including personal information, as follows:

Service Providers. We will not sell, trade, or rent your Personal Information to others. However, we do provide some of our services through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Providers”). Our Service Providers include Paykings, Paybotic, WooCommerce, Printify and Mailchimp. WooCommerce processes all purchase transactions prior to the collection of any payment or billing information. Paykings and Paybotic are used to process all payments and will collect your applicable payment, billing and shipping information. Printify is used to process the shipping on all orders. We use Mailchimp to process and send out all emails to our users. Mailchimp will store your names and email addresses as well in their database, in accordance with their privacy policy. We and our Service Partners may need to use some personal information in order to perform tasks on our Site, or to deliver products or services to you.

  1. Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  2. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  3. To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which we are involved.
  4. Aggregated and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

We may also disclose information about you that is not personally identifiable. For example, we may provide merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.

  1. How We Protect Your Information.

 

To protect your Personal Information, we take reasonable precautions and follow industry standard encryption of data in transit to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial or any other personal information, the information is encrypted using industry standard protections in our database. No payment information is ever stored in our database, as it is solely processed through third parties and is only temporarily stored during the processing of payment. All other information we collect may be stored up to five years after termination of your account or completion of a purchase through our internal database, unless we receive a request by you to remove such information earlier.

 

Although we have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

 

  1. Payment.

 

If you choose to make a purchase through the Site, payments are exclusively processed through Paykings and Paybotic. If you provide us with your financial or any other personal information, the information is encrypted using industry standard protections. Please refer to Paykings’ Privacy Policy at https://www.paykings.com/privacy-policy/ and Paybotic’s Privacy Policy at https://paybotic.com/privacy-policy/ for information regarding their own security protections and use of your personal information. Payment information is never stored on our Site.

 

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. Once you leave our Site or are redirected to a third-party website, you are no longer governed by this Privacy Policy or our Terms of Use.

 

  1. Our Use of Cookies and other Tracking Mechanisms.

We use cookies and other tracking mechanisms to track information about your use of our Site. We may combine this information with other personal information we collect from you.

 

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster check out process or to allow us to track your activities at our Site. There are two types of cookies we may use: session and persistent cookies.

  1. Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
  2. Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
  3. Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
  4. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
  5. Third Party Analytics.

We may use Google Analytics to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

 

  1. Other Websites.

Our Site may contain links to other websites not maintained by Highly Capitalized. Other websites may also reference or link to our Site. The inclusion of a link on the website does not imply endorsement of the linked site by us. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Site, or for the privacy practices of third-party Internet advertising companies. We encourage you to be aware when you leave our Site, or surf the Internet, and to read the privacy statements of each and every website that you visit.

 

  1. CAN SPAM Act and Opting Out of Emails.

 

CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

  •   Send information, respond to inquiries, and/or other requests or questions.
  •   Market to our mailing list or continue to send emails to our clients after an account has been created.

To be in accordance with CANSPAM we agree to the following:

  •   NOT use false, or misleading subjects or email addresses
  •   Identify the message as an advertisement in some reasonable way
  •   Include the physical address of our business or site headquarters
  •   Monitor third party email marketing services for compliance.
  •   Honor opt-out/unsubscribe requests quickly
  •   Allow users to unsubscribe by using the link at the bottom of each email

 

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. Even if you opt-out, we may still communicate with you for transactional purposes such as receipts, shipping notices, customer service‚ product or service recall, health or warranty alerts.

 

  1. Children.

The Site is not intended for use by anyone under the age of 21. Highly Capitalized does not allow individuals under the age of 21 to visit the Site, to sign up for the mailing list or make a purchase, nor do we knowingly collect or use any personal information from such individuals. If you are under the age of 21, do not submit any information to our Site. If we learn that we collected personal information from children under the age of 21, we will take steps to delete that information as soon as possible. We also recommend that parents monitor their children’s Internet activities and learn and employ software or other tools that can help their children enjoy their online experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parent/guardian’s preferences.

  1. California Privacy Rights.

California law permits users who are California residents to request and obtain from us once a year, free of charge, information regarding (i) the categories of personal information collected, (ii) the categories of sources for the personal information collected, (iii) the business purpose for collecting that information, (iv) the categories of third parties with whom Highly Capitalized shares that information, (v) the specific pieces of personal information Highly Capitalized collects about the consumer, and (vi) whether Highly Capitalized sold or disclosed the personal information for a business purpose, Highly Capitalized will also provide two separate lists disclosing:  a) sales, identifying the personal information categories that each category of recipient purchased; and, b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

If you are under 21 years of age please do not use the Site. If you are under 21 years of age and already have an account, believe we have collected your personal information, or are the parent or guardian of a minor under 21 years of age with an account or information collected by us, please inform us at [email protected]

Any user may request the discontinuation (or opt-out) of our sharing of the information with third parties and/or that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your California Privacy Rights Request (see below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. Debug products to identify and repair errors that impair existing intended functionality. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.) (“CCPA”). Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. Comply with a legal obligation. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Please submit any requests (“California Privacy Rights Request”) by: emailing us at [email protected] with a subject line of “Your California Privacy Rights”.

For each California Privacy Rights Request, please clearly state the following:

Sufficient detail of your request such that it allows us to properly understand, evaluate, and respond to it; That the request is related to “Your California Privacy Rights; Your name, street address, city, state, zip code, and email address; and Whether you prefer to receive a response to your request by mail or email.

We cannot respond to your California Privacy Rights Request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Highly Capitalized is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled, or incorrectly sent. Making a California Privacy Rights Request does not require you to create an account with us. It may take us up to 45 days to process your California Privacy Rights Request.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services; Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; Provide you a different level or quality of goods or services; or Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

  1. Information for Nevada Consumers.

Nevada law requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. This information is limited to direct identifiers, such as your name, postal address, and email address. When Nevada consumers opt out of the sale of their information, website operators must ensure that the information is not sold to another business that will further license or sell the information to others.

If you are a Nevada resident and you would like to opt out of any possible sale of this information, please email us at [email protected] For all requests, you must put the statement “Your Nevada Privacy Rights” in the subject field of your request. You must also include your full name, street address, city, state, and zip code. We will not accept requests via telephone, postal mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information

  1. Changes to this Privacy Policy.

Highly Capitalized reserves the right to change this Privacy Policy from time to time as it sees fit and your continued use of the Site will signify your acceptance of any adjustment to this Privacy Policy. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our Site. If there are any changes in how we use our customers’ personal information, notification by e-mail will be made to those affected by this change. Any changes to our Privacy Policy will be posted on our Site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Effective Date:

This Privacy Policy is effective as of December 3, 2020.