Privacy and Cookie Policy

SKU CANDY, Inc. Privacy Policy

Last Updated: March 5^th 2022

1. WHO WE ARE & WHAT THIS IS

At SKU CANDY (SKU CANDY, Inc., and its affiliates, collectively “SKU CANDY”), protecting your private information is our priority”). To fulfil this mission, we collect information about you, (1) our Brands, using SKU CANDY to power your business, (2) our Buyers, using SKU CANDY to connect with Brands to purchase their products, and (3) our Visitors to SKU CANDY websites. Collectively, we refer to Brands, Buyers, and Visitors in this policy as User, Users, or you. The websites and software applications governed by this policy includes skucandy.com.

Your privacy is important to us. This privacy policy (this “Privacy Policy”) outlines:

Why we collect personal information
What personal information we collect and when it is collected
How your information is used and protected
When and with whom your information is shared
Your choices regarding your personal information

We encourage you to read this Privacy Policy and our Terms of Use https://www.skucandy.com/terms-and-conditions carefully. Capitalized terms used but not defined in this Privacy Policy have the meaning given them in the Terms of Use. We will post notices of all changes that materially affect the way in which your personally identifiable information may be used or shared in updates to our Privacy Policy.

SKU CANDY reserves the right to modify this Privacy Policy at any time, in our sole discretion. We may modify this Privacy Policy by providing notice via one of the following methods. For material modifications, we provide notice by email to the email account used by you to access the Services. For other modifications, we update the ‘last updated’ date listed above. By continuing to use the Service you confirm that you agree to the modified Privacy Policy.

If you have any questions about this Privacy Policy, please contact us at:

Email address: hello@skucandy.com

Postal address: SKU CANDY, Inc., 1201 3rd Ave, Suite 2200, Seattle, Washington 98101

2. COLLECTION OF YOUR PERSONAL INFORMATION

In order to better provide you with products and services offered, SKU CANDY may collect personally identifiable information. This information is either given to us by you, given to us by others, or automatically collected.

Information You Give Us. We collect the following personal information when you sign up for SKU CANDY, when you use our Services, or when you otherwise provide us information. Generally, we need this information for you to be able to use our Services. Depending on your interactions with the Site and Service, information we collect from you may include:

Personally identifiable information such as your name, email address, postal address, and telephone number.
Financial information, such as your zip code and the last four digits of your credit card;
Sensitive information such as your job title, date of birth, and tax number;
Feedback and correspondence, such as information you report a problem with Service, receive support or otherwise correspond with us.

Information We Get From Others. We may get information about you from other third-party sources, and we may add this to information we get from your use of the Services. Such information may include payment using a Third-Party Payment Platform. To pay the fees associated with the Service, payment is processed using a Third-Party Payment Platform. By using a Third-Party Payment Platform, we never receive your complete financial information, such as your complete credit card number. We currently use Stripe to process payments and the processing of your payment is subject to Stripe’s Privacy Policy.

Information Automatically Collected. We may automatically record certain information about how you use our Service. This may include information such as a User’s Internet Protocol (IP) address, device and browser type, operating system, the pages or features of our websites to which a User browsed and the time spent on those pages or features, the frequency with which the websites are used by a User, search terms, the links on our websites that a User clicked on or used, and other statistics. We use this information to administer the Service and we analyze (and may engage third parties to analyze) this information to improve and enhance the Service by expanding its features and functionality and tailoring it to our Users’ needs and preferences.

Use of Cookies. We also use cookies, local storage, or similar technologies to analyze trends, administer the websites, track Users’ movements around the websites, and to gather information about our User base as a whole. Users can control the use of cookies and local storage at the individual browser level.

We also may use Google Analytics to help us offer you an optimized User experience. You can find more information about Google Analytics’ use of your personal data here.

3. USE OF YOUR PERSONAL INFORMATION

SKU CANDY collects and uses your personal information to provide you with our Service, to fulfill a contractual obligation, to improve our Services or where we need your personal information for a legitimate business interest. We will only use your personal data for certain legitimate interests and only where we have a lawful basis to do so. These legitimate interests include:

verifying your or your business’ identity
preventing risk and fraud
answering questions or providing other types of support
providing, securing, debugging, and improving our Services and website
providing reporting and analytics
testing out features or additional services
assisting with marketing, advertising, or other communications
understanding your needs and eligibility for products and services
complying with legal and regulatory requirements
enforcing our Terms of Use and compliance with this Privacy Policy

We may also collect and use your personal information for any other purpose to which you consent. We only collect the personal information we consider necessary for achieving these purposes.

We may use information that is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person for any business purpose.

SKU CANDY may also use your personally identifiable information to inform you of other products or services available from SKU CANDY.

4. SHARING OF YOUR PERSONAL INFORMATION

SKU CANDY will not share your personal information or User data except to perform the Services as described herein or unless you authorize us to. We may provide aggregate usage and demographic reports and information to service partners to help them understand our audience and target their communications accordingly, but not in a way that could identify our Users personally.

In the normal course of business SKU CANDY may share your information with individuals (such as employees, contractors, and lawyers) and companies (such as consultants, partners, vendors, or service providers, including third parties who we integrate into the Service) to perform tasks on our behalf and may need to share certain information, including your name and email address, with them in order to provide improved products or services to our Users. However, our agents do not have any right to use the information we share with them beyond what is necessary to assist us in providing the service to you as described in this Privacy Policy.

Sometimes we may be required to share your information in response to a regulation, court order or subpoena. We may also share information when we believe it's necessary to comply with the law or to respond to a government request or when we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SKU CANDY, you, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity.

We may also share your information in the event of a corporate sale, merger, acquisition, dissolution, or similar event.

SKU CANDY may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) will not transferred to the third party.

External Data Storage Sites: We may store your data on servers provided by third party hosting vendors with whom we have contracted.

5. SECURITY OF YOUR PERSONAL INFORMATION

SKU CANDY secures your personal information from unauthorized access, use, or disclosure and uses reasonable security measures to store and protect the information under our control and appropriately limit access to it. However, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

We use a variety of information security measures to protect your online transactions with us. The Service uses encryption technology, such as Secure Sockets Layer (SSL), to protect your sensitive personal information during data transport.

We want you to feel confident using the Services. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personally identifiable information, usage data or other communications will always remain secure. We will notify you by email if we have reason to believe that your personal information has been compromised due to a security breach or used in an unauthorized manner, but by using this Service, in accordance with the Terms you agree to release us from any and all claims arising out of unauthorized use of your information.

6. YOUR CHOICES REGARDING THE INFORMATION WE COLLECT

You may choose to:

Update and correct your personal information
Object to the processing of your personal information
Request to have your personal information or usage data deleted or restricted from our Service
Request for portability of your personal information
Cancel your account

To do any of these, simply notify us of this decision by one of these methods:

Follow the unsubscribe link in any marketing email or following the directions included in any other promotional material received from SKU CANDY
Send an email to us at hello@skucandy.com

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Data Retention

We will retain your profile information and usage data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our Users, or take other actions otherwise permitted by law. Deactivating your account does not automatically delete your account or usage data from our database, but regardless of any retention policy we will make reasonable efforts to enable you to delete your profile and personally identifiable information from our database upon request.

7. NOTICE TO CALIFORNIA RESIDENTS

This Privacy Notice for California Residents supplements the information contained in this Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

For more details about the personal information, we collect from you, please see the “Collection of Your Personal Information” section above. We collect this information for the business and commercial purposes described in the “Use of Your Personal Information” section above. We share this information with the categories of third parties described in the “Sharing of Your Personal Information” section above. SKU CANDY does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out).

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. Please see the “Your Choices Regarding Your Personal Information” section above or contact us hello@skucandy.com for more information about these rights or to exercise these rights.

Non-Discrimination

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.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to hello@skucandy.com

8. ADDITIONAL INFORMATION

Children's privacy

We restrict use of the Service to individuals age 16 and above, and do not knowingly seek or collect personal information from anyone under the age of 16.

E-mail Communications

From time to time, SKU CANDY may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from SKU Candy or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from SKU CANDY, you may opt out of such communications by Customers may unsubscribe from emails by clicking the “unsubscribe” button.

Changes to this Statement

SKU CANDY reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your acknowledgment of the modified Privacy Policy.

Contact Information

SKU CANDY welcomes your questions or comments regarding this Privacy Policy. Should you have any questions or complaints regarding this Privacy Policy, please contact us at:

Email address: hello@skucandy.com

Postal address: SKU CANDY, Inc., 1201 3rd Ave, Suite 2200, Seattle, Washington 98101

EUROPEAN UNION DATA PROTECTION LAWS – PRIVACY NOTICE

In addition to the rights and obligations in our Privacy Policy, if

(a) you are established in the European Union (“EU”);

(b) you provide goods or services to customers in the EU; or

then SKU CANDY’s processing on your behalf of personal data which is within the territorial scope of the GDPR is also subject to the following rules. All defined terms not otherwise defined herewith shall be interpreted in accordance with the GDPR.

You acknowledge that, for the purposes of the GDPR, SKU CANDY is a Processor, and you are the Controller of the Personal Data of you and, for Brands, your customers, for the purpose of it providing the services. SKU CANDY may share the Personal Data with its agents or subcontractors or affiliates or other third-party service providers for the sole purpose of providing or improving the services. In relation to any Personal Data which is within the territorial scope of the GDPR provided by you to SKU CANDY:

You warrant, undertake, and confirm that you have grounds for sharing the Personal Data with SKU CANDY as envisaged;
You process and control the Personal Data in compliance with all applicable laws;
You consent to its use, and you have obtained any necessary consents from the receiver of the goods (your customer) as required under the GDPR to pass to SKU CANDY the details required to complete the services requested, including but not limited to name, address, email address, mobile telephone number, and contents of package;
You have made your customers aware that such details may be used by SKU CANDY to enhance the delivery process for your customers and it may use notifications and geodata for that purpose. This may involve SKU CANDY sharing such details with limited third parties’ data processors, for the purpose of completing the requested services; and
Personal Data of EU Data Subjects that originates in the EU will be stored in the EU. As part of providing the services, this Personal Data may be transferred to other regions, including the United States, subject to the EU-US Privacy Shield or other appropriate conditions provided for in Chapter V of the GDPR. Prior to any such transfers the Customer will be notified of the specific countries to which the data may be transferred and the specific legal conditions applicable to the transfers.
SKU CANDY retains the Personal Data processed on behalf of our Customers which is within the territorial scope of the GDPR subject to the requests of our Customers, the contractual and regulatory obligations to the USPS, our other partners, other legal requirements, and our retention schedule.

Processing by SKU CANDY of Personal Data

To the extent that SKU CANDY, in the course of its provision of services to you under these terms of service, processes on your behalf personal data, which is within the territorial scope of the GDPR, SKU CANDY will:

Process the Personal Data as a Data Processor, only for the purpose of providing the services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the services), and as may subsequently be agreed to by you. If SKU CANDY is required by law to Process the Personal Data for any other purpose, SKU CANDY will provide you with prior notice of this requirement, unless SKU CANDY is prohibited by law from providing such notice;
Ensure that SKU CANDY’s personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose Personal Data;
Notify you if, in SKU CANDY’s opinion, your instruction for the processing of Personal Data infringes the GDPR;
Notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to SKU CANDY’s Processing of the Personal Data;
Implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration, or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage, or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
Notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data and, at your cost and request, assist you with the notification of such incidents to data protection supervisory authorities and the persons whose data is affected, where required by the GDPR;
Taking into account the nature of SKU CANDY’s processing activities and at your cost and request, assist you, insofar as this is possible, to fulfill your obligations to respond to requests made by Data Subjects in relation to their rights under Data Protection Laws;
Taking into account the nature of SKU CANDY’s processing activities and at your cost and request, assist you to fulfill your obligations to conduct data protection impact assessments and consult with data protection supervisory authorities in relation to such assessments, where required by the GDPR;
At your choice and cost, delete or return all the Personal Data to you on termination of this service agreement, and delete existing copies of such data unless SKU CANDY is subject to a legal requirement under European Union or Member State law to retain such data beyond such term;
At your cost and request, make available to you all information reasonably necessary to demonstrate SKU CANDY’s compliance with its obligations under (a) through (i) above and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you, but in each case only in relation to the Personal Data processed on your behalf by SKU CANDY in the course of its provision of services under these terms of service.

In the course of providing the services, you acknowledge and agree that SKU CANDY may use subprocessors to Process the Personal Data. SKU CANDY’s use of any specific subprocessor to process the Personal Data must be in compliance with the GDPR and must be governed by a contract between SKU CANDY and subprocessor, which binds the subprocessor to comply with the same data protection obligations as contained in this section. SKU CANDY will inform you of any intended changes concerning the addition or replacement of such subprocessors, thereby giving you the opportunity to object to such changes.

You agree to fully indemnify SKU CANDY, for any costs, fees, fines, and professional fees incurred due to a breach by you of the provisions of this section.

Lawful Basis for Processing

Please see “Collection of Personal Information” for more information on the data collected by SKU CANDY.

For the following categories our lawful basis for this use of your personal data is performing our contract with you:

• Personally identifiable information such as your name, email address, postal address, and telephone number.

• Financial information, such as your zip code and the last four digits of your credit card;

• Sensitive information such as your job title, date of birth, and tax number;

• Feedback and correspondence, such as information you report a problem with Service, receive support or otherwise correspond with us.

For the following categories our lawful basis for this use of your personal data is your consent:

• Internet Protocol (IP) address, device and browser type, operating system, the pages or features of our websites to which a User browsed, and the time spent on those pages or features, the frequency with which the websites are used by a User, search terms, the links on our websites that a User clicked on or used, and other statistics;

• Cookies.

Data Protection Officer

SKU CANDY is headquartered in Seattle, Washington State, USA. We have appointed a data protection officer for you to contact if you have any questions or concerns about your personal data. Our data protection officer can be contacted at:

hello@skucandy.com or by writing to:

SKU CANDY, Inc., 1201 3rd Ave, Suite 2200, Seattle, Washington 98101

[MCM1]Link to this policy

Effective as of March 05, 2022