Last updated and
effective as of: September 6, 2019
This
Privacy Policy describes the collection, storage, use and dissemination
practices of Sand Cloud Holdings, LLC ( "Sand
Cloud," "we" and "us") with respect to information that
we obtain about you through your use of any of our websites (each, a "Website") or any of our mobile
applications (each, an "App"). Our
Websites and Apps are sometimes referred to in this Privacy Policy as our "Platforms".
The
primary purpose of our Websites and Apps is to provide information to the
public regarding Sand Cloud. We also gather some information through our
Platforms, as described below.
Please
read this Privacy Policy carefully. By using or accessing any of our Platforms,
you agree to the terms of this Privacy Policy. If you do not agree to all of
the terms of this Privacy Policy, please do not use our Platforms.
1.
What
types of information do we collect?
User Accounts. If you set up an online
account with us, you will be prompted to provide us with your first and last
name and email address and to specify a password. If you place an order through
your account on any of our Platforms, we (or our designee) will also collect
your postal address, phone number, payment card information and billing
address. We may keep this information indefinitely.
Newsletter Subscription.
If you sign up for our Sand Cloud new‑product‑launch newsletter, you
will be prompted to provide us with your email address and first and last name.
We will use this information to send you our Sand Cloud new‑product‑launch
newsletter via email. We may also use your email address to send you other information
concerning Sand Cloud that you express interest in receiving or that we think
you may find interesting. We may keep this information indefinitely.
Electronic Correspondence.
If you send an email to us by clicking
on an email link on our Customer Support page,
we will obtain from you the information that you choose to include in your
email. We may store such information in a file specific to you and may keep
this information indefinitely.
Survey Information. We use third-party
service providers to administer and collect surveys that we may send to you
from time to time and to which you may choose to submit information concerning
your shopping experiences with Sand Cloud and certain demographic information,
such as your name, age, and gender. We may keep this information indefinitely.
Location Data. Our Platforms may
collect information about your location, such as the approximate location of
your IP address. Unless you provide us with your permission, this location data
is collected anonymously in a form that does not personally identify you. We
may send you special notifications at specific locations. We may keep this
information indefinitely.
Usage Data. When you use any of our
Platforms, we may collect certain usage data, such as information about your
web browser, mobile device or operating system. We may use this information as
part of our providing the Platforms to you, and to improve the experiences of
users with our Platforms. We may keep this information indefinitely.
Information Collected Through Automated Gathering
Tools. We may use automated information gathering tools, such
as cookies, which are intended to make using our Platforms easier by, among
other things, saving your preferences for you. (A cookie is a small text file
that is created in the computer or mobile devices hard drive or solid-state
drive that gives each user a unique, random ID. This ID enables our Platform to
readily recognize each visitor on a subsequent visit to the Platform. For
example, a cookie may indicate the preferences selected by a visitor on a prior
visit and facilitate more efficient browsing on subsequent visits.) We may keep
this information indefinitely, but we do not associate such information with
any personal information that you have provided to us.
2.
How
do we use information about you collected through our Platforms?
We
may use information collected about you through our Platforms for a variety of
commercial purposes. Without limitation, we may use such information to:
·
provide our products or services that you
request;
·
respond to questions that you may have
about Sand Cloud or our products or services;
·
inform you of products, services,
promotions, and offers which we think you may find interesting;
·
organize or carry out promotional
activities or events;
·
conduct other marketing and commercial
activities.
·
inform you of changes made to our
Platforms;
·
enable you to participate in activities on
our Platforms; and
·
facilitate security, administrative, and
legal purposes.
3.
To
whom do we disclose information about you collected through our Platforms?
We
may disclose information about you obtained through any of our Platforms either
(i) when we have your permission or (ii) in any
of the following situations without your permission:
·
We may disclose information about you to
third-party service providers who perform services on behalf of Sand Cloud,
including in connection with our operating the Platforms or completing or
confirming a transaction that you conduct with us. When we transfer your
personal information to a third-party service provider, that service provider
will be required to use such personal information only to carry out those
services that we have requested, and to provide adequate protection for such personal
information. When we transfer your personally identifiable information to such
a service provider, that entity will be contractually required (a) to use such
information only to carry out those services that we have requested,
(b) to abide by this Privacy Policy, and (c) to provide adequate
protection for such information (as required by applicable legal requirements).
·
We may disclose the results of aggregated or
anonymized data about you and other users of our Platforms without restriction.
In such circumstances, we do not disclose to these entities any of your personal
information.
·
As part of a merger, acquisition or other
sale or transfer of all or substantially all of Sand Clouds assets or
business, we may disclose to one or more third parties
information obtained about you through the Platform.
·
We may share information collected about
you with our auditors, legal advisors, and similar entities in connection with
our receiving their professional services, subject to standard confidentiality
obligations.
·
We may disclose information about you to
the government or to third parties under certain circumstances when legally
obligated to do so, such as in connection with suspected illegal activity in
connection with any of our Platforms, or to respond to a subpoena, court order
or other legal process. We reserve the right to release information collected
through our Platforms to law enforcement or other government officials, as we,
in our sole discretion, deem necessary or appropriate.
·
We may also disclose information about you
to third parties if needed to enforce any of the terms and conditions of our
Platforms; to conduct any investigation of potential violations thereof; to
detect, prevent, or otherwise address fraud, security or technical issues; or
to protect against harm to any element of one of our Platforms.
4.
How
can you correct or update information collected about you through our Platforms
that is stored by Sand Cloud?
You
can access—and update, change or delete—the information you have provided to Sand
Cloud when you registered with us at any time by clicking the "My Account" link
once you log into your account.
You
may also correct or update information collected about you through our
Platforms by contacting us at customerservice@sandcloud.com or
by calling us at 619-693-8397. We will update our files as promptly as
reasonably possible.
You
can choose not to receive promotional communications (whether by email or
postal mail) from us by emailing us at customerservice@sandcloud.com,
calling us at 619-693-8397, or writing to as at Sand Cloud Holdings LLC, 4629
Cass St., Suite 52, San Diego, CA 92109,
Attn: Compliance Department. This will
not stop us from sending emails to you about your account or your transactions
with us.
5.
What
security measures do we employ for information about you collected through our
Platforms?
To
help protect the privacy of data collected through our Platforms, we take
commercially reasonable steps to store such data, with the objective of
protecting it against unauthorized access. When we transfer and receive
sensitive information, such as financial information, we redirect visitors to a
secure server for the transfer of data. However,
PLEASE BE AWARE THAT no technology is completely secure, AND THAT OUR PLATFORMS
ARE operated on software, hardware and networks, any component of which may,
from time to time, experience breaches of security or other problems beyond our
control.
Please
also be aware that despite our best intentions and the guidelines outlined in
this Privacy Policy, no data transmission over the Internet or via a Wi-Fi
network, or through any encryption method, can be guaranteed to be completely
secure. You understand that it may be possible for third parties not under Sand
Clouds control to intercept or access any information about you transmitted
through the Platform or private communications. Accordingly, although we will
take reasonable steps to protect the security and integrity of all information
you provide through any of our Platforms, Sand Cloud cannot guarantee that any
such information, whether during transmission or while stored on our systems or
otherwise in our care, will be absolutely safe from intrusion by others who do
not have your authorization. Any such transmission or sharing of that
information is done at your own risk.
If
you are a user located outside of the United States, please note that some or
all of your data may be stored or processed on servers located outside of your
country, including in the United States, which has data protection laws that
may differ from those where you live. As a result, this information may be
subject to access requests from governments, courts, or law enforcement
agencies in those other jurisdictions, according to the law of those
jurisdictions. Subject to applicable law in other jurisdictions, we will use
reasonable efforts to ensure that appropriate protections are in place to
maintain protections on your data that are equivalent to those in your country.
Yes,
our Platforms support "Do Not Track" preferences that may be available in your
browser for letting websites know that you do not want them collecting certain
kinds of information. If you turn on the Do Not Track setting on your browser, your
experience with the Platforms may differ as compared to your experience with
the Platforms had you not turned on the Do No Track setting on your browser.
For more information about Do Not Track, visit donottrack.us.
7.
What
are the policies of linked websites and other third parties?
This Privacy Policy only addresses
the use and disclosure of information obtained by Sand Cloud through our
Platforms. You should be aware that when you are using any of our Platforms,
you may be directed to other apps or websites that are beyond our control, and Sand
Cloud is not responsible for the privacy practices of third parties. We would
expect most, if not all, of these third parties will collect information about
you when you use their offerings. However, Sand Cloud is not responsible for
the privacy practices of third parties, regardless of whether they are linked
or otherwise connected to the Platform. We encourage you to read the posted
privacy policy whenever interacting with any third-party website, app, or other
offering.
8.
What
is our policy on children users of the Service?
We
do not knowingly collect or maintain personally identifiable information from
persons under 13 years old, and no part of our Platforms is directed to persons
under 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OUR PLATFORMS AT
ANY TIME OR IN ANY MANNER. If you learn that your child under 13 has provided
us with personal information without your consent, please contact us.
9.
What
are my California Privacy Rights?
Under
California law, a California resident with whom we have an established
relationship has the right to request certain information with respect to the
types of personal information that Sand Cloud has shared with third parties for
their direct marketing purposes, and the identities of those third parties,
within the immediately preceding calendar year, subject to certain exceptions. All
requests for such information must be in writing and sent to us at legal@sandcloud.com.
10.
What are the terms regarding any changes to
this Privacy Policy?
We
reserve the right to update this Privacy Policy from time to time. Please visit
this page periodically so that you will be apprised of any changes.
11.
What
law governs your use of the Platforms?
By
choosing to use any of the Platforms or otherwise provide information to us,
you agree that any dispute over privacy or the terms contained in this Privacy
Policy will be governed by the law of the State of California, without
reference to the choice of law or conflicts of law principles thereof. You also
agree to abide by any limitation on damages contained in our terms of service
or other agreement that we have with you.
12.
How
can you contact us?
If you have any questions about this
Privacy Policy, or need to reach us for any other reason, you may contact us by
any of the methods below:
Email: legal@sandcloud.com
Telephone: 619-693-8397
Postal address: Sand
Cloud Holdings LLC, 4629 Cass St., Suite 52, San Diego, CA 92109, Attn: Legal
