Privacy policy

Your privacy is important to us, and we are committed to safeguarding your personal information. This Privacy Policy explains how we collect, use, and protect your data when you visit www.NoThisIsNot.com (the "Website").

1. What is Personal Data Personal data includes information directly or indirectly identifying you, such as your name, address, phone number, or email address. We also collect non-personal data, such as the number of users on the Website.

2. Types of Personal Data We Collect

▪ Web Server Logs (including IP addresses)
▪ Personal data voluntarily provided by you (e.g., username, email address, shipping information)
▪ Data provided in connection with your use of the Website (e.g., sales and order history)
▪ Data collected through single sign-on from social networks
▪ Consent-based data for newsletters and promotional messages

 

3. How We Process Your Personal Data We process your personal data in order to provide and operate the Website in accordance with our User Agreement and to provide you with our services, in particular (a) for the processing and coordination of sales and orders on the Website; (b) for the provision of a functional and accurately running Website – within the range of what is technically possible and reasonable – by observing, monitoring and maintaining the performance of the Website (in particular by identifying and appropriately resolving problems and errors); (c) for providing and maintaining means of communication with NoThisIsNot Support via email or telephone and for handling such communication accordingly; and (d) for providing and maintaining means of communicating or exchanging ideas with other users for submitting reviews for products offered on the Website. Please note with regard to the communication via message boards, chat rooms or interactive online forums explained in section 3(d) that if you post a comment on a message board or chat room, this information will be made available to the public in an online environment. Each comment posted is the sole responsibility of the individual user. If you use such an interactive area, you should always be aware that these areas, and therefore any personal information shared there, are publicly accessible. We cannot control how other visitors to the Website use this information. In particular, we cannot prevent you from receiving unsolicited communications.

Furthermore, we process your personal data as a precaution against and prevention of fraudulent acts on the Website. Our legitimate interests in this context are to protect the integrity of the Website, our services, our system and our users.

Furthermore, we process your personal data for our efforts to (a) provide you with the most optimal and meaningful user experience possible when visiting and using our Website and services; and (b) improve and optimize the Website, its layout and content, and our services. Our legitimate interests in this context are to provide you with an optimal and meaningful user experience on the Website that meets your expectations and needs on the one hand and fulfills our commercial interests on the other hand.

To the extent you have given us your consent, we will further process your collected personal data for the provision and optimization of our email marketing efforts, in particular the provision of our marketing messages about NoThisIsNot events, NoThisIsNot services, NoThisIsNotproducts and special NoThisIsNot offers. You may revoke your consent at any time with future effect. You may do so at any time by following the instructions included in any email or by contacting our customer service, for example, by sending an email to us at info@nothisisnot.com. If you have given us your consent, we will continue to process your email address to send you helpful information about using our services from time to time. You can disable these messages at any time by deactivating the receipt of such messages in the settings functions of your user account. 

Furthermore, we may process the information collected by our web server in the event of system abuse in cooperation with your Internet provider and/or local authorities in order to determine the originator of this abuse. Our legitimate interests in this context are the protection of the integrity of the Website, our services, our system and our users.

4. Transfer of Personal Data We share personal data only as necessary for Website services, as permitted by law, or with your consent. Third-party service providers adhere to both GDPR(General Data Protection Regulation) and CCPA (California Consumer Privacy Act) regulations.

In order to provide our services in the form of processing and coordinating sales or orders on the Website, it may be necessary to pass on your name, delivery address and telephone number to production, printing, logistics or processing service providers. Please note that this information is shared solely for the purpose of processing the sale or order made by you. However, this information will not be made available to the aforementioned service providers for marketing purposes under any circumstances. 

In the event that claims are made against NoThisIsNot by third parties claiming that any content transmitted by you to the Website violates applicable law, intellectual property rights of the third party (e.g. copyrights and ancillary copyrights, patents, trademarks, company logos, work titles or designs) and/or other rights of the third party (e.g. general personal rights or the right to one's own image), we are entitled in accordance with our User Agreement to pass on your name, address and/or further information about the content objected to by the third party to the third party in order to enable the third party to assert its rights against you.

We are further entitled to outsource the processing of personal data in whole or in part to external service providers who act for us as processors. If these service providers are located outside the European Union European Economic Area or the United States, we will take appropriate security measures in accordance with legal and regulatory requirements to ensure the security of your personal data. We use external service providers as part of the provision and operation of the Website and the provision of our services for the purposes listed below:

▪ For hosting the Website and storing the databases in the backend of the Website.
▪ For enabling and providing live chat communications.
▪ For enabling and providing the technical requirements for product reviews by users
▪ For the precaution against as well as the detection, identification and prevention of fraudulent actions on the Website.
▪ For observing and monitoring the performance of the Website and detecting, identifyingand resolving problems and errors on the Website.
▪ For providing our Customer Relationship Management, in particular customer and product support for the Website, as well as investigating, identifying and resolving customer support requests via live chat, email, web forums, social media or telephone.
▪ For enabling data reporting and analytics for our internal business purposes.
▪ For optimizing typography in the Website.
▪ For effectively and efficiently organizing and administering our internal business goals.
▪ For optimizing and improving our budget planning, business performance, analysis and reporting.
▪ For providing services for our marketing as well as for optimizing our marketing, such as delivering digital ads relevant to you via targeting or advertising cookies. These types of cookies also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We use cookies to help us identify and retarget users who may be interested in our products, services or offerings both on the Website and on third party websites. For example, we use proprietary technology to specifically target users by creating advertising material based on the users' previous behavior.​
▪ For providing payment services to our users.

In order to facilitate the utilization of Shopify’s payment methods, we may, during the checkout process, transmit your personal data in the form of contact and order details to our payment partners. This transmission enables us to evaluate your eligibility for the payment methods in order to assess whether you qualify and to tailor those payment methods for you. Your personal data transferred is processed in line with our payment partners’ privacy policies.

5. How We Secure Your Personal Data We take all necessary and reasonable steps to keep your personal data secure, but by its nature, unfortunately, no system is impenetrable. Due to the inherent nature of the Internet, we cannot guarantee that information is one hundred percent secure from unauthorized access during transmission over the Internet or while it is stored on our system or otherwise. Your payments are made over an encrypted connection or through a secure data processor. Access to your personal data on our databases is subject to appropriate technical security measures. Furthermore, only persons authorized by us can access your personal data to the extent necessary for their respective activities (so-called need-to-know principle) which are aligned with Shopify’s policies. 

6. Storage Period Your personal data will be stored by us only as long as it is necessary to achieve the purposes for which it was collected or – if there are any legal retention periods beyond this – for the duration of the legally prescribed retention period. Subsequently, your personal data will be deleted.

7. Cookies and Similar Technologies

▪ “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
▪ “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
▪ “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Website.

 

8. Your Rights Under Data Protection Law In accordance with applicable data protection law, you may have the following rights.

▪ Right of access, rectification, erasure and restriction: You may have the right to request information about your personal data stored by us at any time. When we process your personal data, we take reasonable steps to ensure that your personal data is accurate and up to date for the purposes for which it was collected. In the event that your personal data is inaccurate or incomplete, you may request that it be corrected. You may have the right to request the deletion or restriction of the processing of your personal data if, for example, there is no longer a legitimate business purpose for such processing under this Privacy Policy or applicable law and legal retention obligations do not prevent further storage.
▪ Your user account shows you the essential personal data that is stored by us. You can view, change and/or delete this personal data at your own discretion. Furthermore, you can contact us at any time with a request for information, deletion and restriction under the contact options listed in Section 3.
▪ Right to data portability: You may have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format or to transfer this data to another controller. For this purpose, please contact the contact options listed under Section 3.
▪ Right to object: You may have the right to object to the processing of your personal data on specific grounds relating to your particular situation. To do so, please contact the contact options listed under Section 3. 
▪ Right to revoke your consent: If you have consented to the collection and processing of your personal data, you may revoke your consent at any time with effect for the future, but without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. You can also object to the use of your personal data for the purposes of market and opinion research as well as advertising and to unsubscribe from receiving our newsletter (see section 3). To do so, please use the contact options listed under Section 3. 
▪ Supervisory authority responsible for possible complaints: You have the right to file a complaint with the competent data protection supervisory authority.

 

9. Changes We reserve the right to update this Privacy Policy. Changes may occur due to new legislation or services.

10. Consumer Privacy Act ("CCPA") - For California Residents This Section 10 applies only to users of our Website who are California residents. As used in this Section, "Personal Information" in this Section 10 means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time ("CCPA").

CCPA DISCLOSURE

The information within this Privacy Policy provides the categories of Personal Information (as defined by the CCPA) that we are collecting, disclosed for a business purpose, sold, or used for business or commercial purposes in the preceding twelve (12) months since this California Resident Privacy Notice was last updated, as well as the categories of sources from which that Personal Information was collected, and the categories of third parties with whom we shared Personal Information. The examples of Personal Information provided for each category reflect each category's statutory definition and may not reflect all of the specific types of Personal Information associated with each category.

▪ USE OF PERSONAL INFORMATION - We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes as described in Sections 2-4 of this Policy.
▪ COLLECTION OF PERSONAL INFORMATION - In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:
o You/Your Devices: You or your devices directly.
o Users: Other users of our services.
o Affiliates.
o Analytics Providers.
o OS/Platform Provider: Operating systems and platforms.
o Social Networks.
o Partners: Business partners.
▪ DISCLOSURE OF PERSONAL INFORMATION - As set forth in Section 4 of this Policy, we share your Personal Information with the following categories of third parties:
o Affiliates.
o Analytics Providers.
o Vendors: Vendors and service providers.
o Integrated Third Parties: Third parties integrated into our Services.
o Third Parties as Legally Required: Third parties as required by law and similar disclosures.
o Third Parties in Merger/Acquisition: Third parties in connection with a merger, sale, or asset transfer.
o Third Parties with Consent: Other third parties for whom we have obtained your permission to disclose your Personal Information.
▪ RIGHT TO KNOW AND ACCESS - You may submit a verifiable request for information regarding the: (i) categories of Personal Information collected, sold, or disclosed by us; (ii) purposes for which categories of Personal Information are collected or sold by us; (iii) categories of sources from which we collect Personal Information; (iv) categories of third parties with whom we disclosed or sold Personal Information; and (v) specific pieces of Personal Information we have collected about you during the past twelve months.
▪ RIGHT TO DELETE - Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you. 
▪ VERIFICATION - Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, we may request that you provide us with personal information that matches the identifying information that you have already provided to us.
▪ AUTHORIZING AN AGENT - To authorize an agent to make a request to know or delete on your behalf, please email us at info@NoThisIsNot.com.
▪ SUBMIT REQUESTS - To exercise your rights under the CCPA, email info@NoThisIsNot.com. Only you or an agent duly authorized to act on your behalf may submit verifiable consumer request related to your Personal Information. A verifiable consumer request must:
o Provide sufficient information that allows NoThisIsNot to reasonably verify the requester's identity; and
o Describe the request with sufficient detail that allows NoThisIsNot to properly understand, evaluate, and respond to it.
▪ RIGHT TO EQUAL SERVICE AND PRICE - You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations. NoThisIsNot may offer certain financial incentives to the extent permitted by the CCPA that result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive that is offered will reasonably relate to California consumers' personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program would require prior opt in consent, which may be revoked at any time. 
▪ SHINE THE LIGHT - California's "Shine the Light" law (Civil Code Section § 1798.83) permits California consumers to request certain information regarding NoThisIsNot'sdisclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@NoThisIsNot.com.

 

11. Complaints For privacy-related concerns or complaints, contact us at info@NoThisIsNot.com.

Text Marketing (if applicable): With your permission, we may send text messages about ouronline store, new products, and other updates. Updates include Checkout Reminders.

California Civil Code Section 1798.83: California residents may request information regarding the disclosure of personal information for direct marketing purposes.

Thank you for trusting NoThisIsNot with your data. Feel free to contact us with any privacy-related inquiries.