Newport Vessels Privacy Policy

The Privacy Policy sets out how we at Newport Vessels use and protect the information that you give us when you use our website. We are committed to ensuring that your privacy is protected. If we ask you for certain information that can identify you, you can be assured that it will be protected in accordance with this Privacy Policy.

If you have any questions about this privacy or our terms, please feel free to contact us at legal@torerobrands.com.

I. Personal Data We Collect

Personal data means any information about an individual from which that person can be identified. We only collect personal data about you with your consent. When you visit our website you may provide us with the following types of personal data:

Personal Information includes your name, email address, billing address, delivery address, telephone number, and website URL information.

Financial Information includes payment details.

Transaction Information includes details about payments made by you for our products.

Communications includes any communication that you make with us (via email, phone or through our chat function on our website).

Usage Information includes information about how you use our website.

Technical Information includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Services.

Tracking Information includes information we or other parties collect about you from cookies and similar tracking technologies, such as web beacons, pixels and other identifiers.

Aggregated Information such as statistical or demographic data for any purpose. Aggregate Information may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

Marketing Information, which includes your preferences in receiving marketing from us.

We do not collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic biometric data). Nor do we collect any information about criminal convictions or offenses.

II. How We Collect Personal Data

There are different methods in which we collect personal data from you.

Information that you provide us. You may give us Personal and Financial Information when you register for an account and purchase products on our website or if you previously provided us with this information prior to this privacy policy coming into effect, either directly from you or via a third party.

Automated Technologies or interactions.

  • Cookies. Our website utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our website. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
  • Analytics Tools. We use Google Analytics and Facebook Analytics to collects and store data such as time of visit, pages visited, time spent on each page of the website, the Internet Protocol address, and the type of operating system used in the devices used access the Service.

Third Parties or Publicly Available Sources. We may also receive personal data about you from various third parties, including:

  • Technical and/or Tracking Information from analytics providers, advertising networks and search information providers;
  • Personal, Financial and Transaction Information from providers of payment and fraud prevention services;
  • Personal Information from data partners; and
  • Data from third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites. We will only use your personal data when the law allow us to.

III. How We Use the Information That You Provide to Us

Broadly speaking, we use your personal data for purposes of administering our business activities, providing customer service and making available other products and services to our customers and prospective customers. More specifically, we use the personal data that we collect for the following purposes:

  1. To provide you with our products and services. To provide you with our products, communicate with you about your use of our products, respond to inquiries, provide website and product troubleshooting, and for customer service purposes.
  2. To Personalize your experience. To provide you with personalized experience through our website and to personalize help and instructions.
  3. Marketing and Promotional Use. For marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about information we think may interest you.
  4. Analytics. To gather metrics to better understand how users access and use our website, to evaluate and improve it, and to develop new website features.
  5. To Prevent Misuse. Where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving threats of safety to any person or a violation of our Terms of Use or this privacy policy.
  6. For Contests, Giveaways and Promotions. In connection with contests, giveaways and other promotions that you may choose to participate in. Any information you submit in connection with promotions will be subject to the terms of the promotion, not this privacy policy. You will be given the option to consent to the use of your information at the time you sign up for the promotion. You will not be required to participate in any promotion, contest or giveaway.
  7. To Comply with Law. If required to do so by law, court order or other government or law enforcement authority or regulatory agency; or, if we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property, or safety of Newport Vessels, you, users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. 

IV. Disclosures of Personal Data

We may share your personal data with certain parties set out below for the purposes set forth in this Privacy Policy. We may also share your personal data if the law otherwise allows it.

We may share personal data with the following categories of third parties:

  1. Service providers (such as technology service providers, hosting providers, payment processing, auditors, advisors, consultants, customer service and support providers, and fraud prevention providers);
  2. Subsidiaries and affiliates of Newport Vessels;
  3. Business Transfers (such as in the case of any merger, sale, and transfer of assets, acquisition or restructuring of all or part of our business, bankruptcy or similar events);
  4. Legally required (to public authorities, such as law enforcement, if we are legally required to or if we need to protect our rights or the rights of third parties);
  5. Protection of rights (where we believe it is necessary to respond to claims asserted against us, or comply with legal process, enforce or administer our agreements and terms, fraud prevention, risk assessment, investigation, and protect the rights, property and safety of our users).

We may also share data with third parties connected to advertising, retargeting and analytics (see What Are Cookies below for more information).

We may also share data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. We may also seek to acquire other businesses or merge with them. If a change happens to our business, the new owners may use your personal data in the same ways set forth in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specific purposes in accordance with our instructions.

 V. What Are Cookies?

What Are Cookies? Cookies are a feature of web browser software that allows Web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user's Web browser on the user's hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that website by the same user or to use the information to streamline the user's transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

We use website browser software tools such as cookies and web server logs to gather information about our web site users' browsing activities, in order to constantly improve our website and better serve our customers. This information assists us to design and arrange our web pages in the most user-friendly manner and to continually improve our website to better meet the needs of our customers and prospective customers.

Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users to our website as they move from one page to another. Web server logs allow us to count how many people visit our website and evaluate our website’s visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you although they do permit us to send focused online banner advertisements or other such responses to you.

VI. Payment Information

Newport Vessels uses third party payment processor Shopify Payments and afterpay® to process transactions made via the website. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards and your billing information is encrypted before being communicated to them. Subject to the below exceptions, your credit card details are communicated directly from your browser to these payment processors. Newport Vessels never sees your payment information. This means the payment form is either off-site or displayed in a frame on the payment page.

VII. How Do We Protect Your Information?

We utilize encryption/security best practices to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

VIII. Communication Opt Out

If you wish to opt out of receiving offers directly from Newport Vessels, you can unsubscribe by following the opt-out instructions in the emails that they send you located at the footer of the communication. We can be reached by postal mail at:

Newport Vessels
2173 Francisco Blvd E, STE L
San Rafael, CA 94901

IX. Choices You Have

You may check your information to verify, update or correct it, and to have any obsolete information removed. If you created an account on our website, you can access and change your online account profile yourself. You can also review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time by contacting us as indicated in the Contact Us section below. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You may also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.

X. Our Policy on Children's Information

The collection of personal data is neither intended for, nor direct to, persons who are under the age of sixteen (16) years old. Personal data will not be collected by any person who is known by Look Our Way to be under the age of sixteen (16) without the consent of a parent or legal guardian. Persons under age sixteen (16) may only use the Services with the involvement and consent of a parent or legal guardian.

XI. California Privacy

This Section applies to California residents. Under California Law, California residents have the right to request in writing from a business where a business relationship exists:

  1. A list of categories of personally identifiable information, such as name, email address and mailing address and the type of service provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the preceding calendar year for the third parties’ direct marketing purposes; and
  2. The names and addresses of all such third parties.

To request the above information or opt out of the use of your personally identifiable information, please contact us.

XII. Questions Or Concerns

Whether you live in or outside the United States, Newport Vessels is the data controller and is responsible for your personal data. You can contact our data controller at legal@newportvessels.com.

If you have any questions or concerns about our Privacy Policy, please contact us at legal@torerobrands.com

XIII. Rights Of European Union Data Subjects

Newport Vessels generally acts as the data controller of the information you submit through the Newport Vessels Website. Newport Vessels complies with the European Union General Data Protection Regulation (“GDPR”), which comes into effect May 25, 2018. The GDPR deals with the processing of personal data.

You have no obligation to provide us with personal data. However, if you do not provide us with personal data, you withdraw your consent, or you request restriction over or otherwise object to our processing of your personal data, we may not be able to provide you with access to, or the functionality of the Newport Vessels website.

Legal Bases of Processing

Below are the lawful basis that we rely on to process your personal data:

  1. Consent. Newport Vessels processes your personal data on the legal basis of consent, which you grant when you sign up for our Services.
  2. Performance of Contract. Newport Vessels also processes personal data in order to perform its obligations under its agreement with you under our Terms of Use, and where necessary, for the purposes of legitimate interests as set out in this Privacy Policy. To the extent that your personal data is provided to Newport Vessels, it is a contractual requirement.
  3. Legitimate Interest. Newport Vessels processes personal data in order to conduct and manage our business and to enable us to give you the best service/product with the best and most secure experience.
  4. Comply with Legal or Regulatory Obligations. Newport Vessels may process your personal data to comply with legal or regulatory obligations that we are subject to.

Purposes for processing of personal data

Newport Vessels will process personal data that we collect from you from third parties in accordance with this Privacy Policy. Personal data from your use of our website, including usage performance information, device information and other information in accordance with Section III.

Recipients or categories of recipients of personal data

The recipients of the personal data are Newport Vessels and the entities as set forth in Section IV.

Overseas recipients

Newport Vessels is headquartered in the United States. As such, the recipients of your personal data may be located in countries in which the privacy or data protection laws differ from those of the European Union, and which are not subject of any adequacy decision by the European Commission. By using our website, you freely and specifically give us your consent to export and use your information within the United States. You understand that the data stored in the United States is subject to lawful requests by the courts or law enforcement authorities in the United States. If you are in the EU, whenever we transfer personal data to processors out of the EU, we take appropriate safeguards to protect your personal data. We may use specific contracts approved by the European Commission which give personal data the same protection it has in the EU.

Withdrawing consent, or objecting or restricting to processing of personal data

You may withdraw your consent at any time for the processing of personal data, or otherwise request that we restrict our processing of your personal data.

How long we keep your personal data

Newport Vessels will store your personal information for as long as you have an active account on our website and for a period of time afterwards based on our document retention obligations imposed by law, to comply with audit and financial obligations, and in relation to personal information contained in material which you have licensed or assigned to us for a period of time required to enforce or establish our rights in that material.

Your rights under the GDPR

You have a number of rights under the GDPR. These include the right to:

  1. Request access to your personal data from us;
  2. Request that we correct or erase your personal data:
  3. Withdraw your consent for us to use your personal data;
  4. In some circumstances, to object to the use of your personal data by us and request that we restrict our use of your personal information;
  5. Receive your personal information held by us, in a commonly used electronic format, or to have us transfer such personal information to another service provider of your choosing;
  6. Lodge a complaint in relation to our processing of your personal information with a data protection supervisory authority under the GDPR; and
  7. Be informed generally about the collection and use of your personal information, including where we intend to further process your personal information for additional purposes other than as discussed above.

 

Effective May 25, 2018