Personvernerklæring

Last updated: May 23, 2024

This Privacy Policy describes how Mounteen.com (the “Site”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site and tells you about your privacy rights and how the law protects you across various jurisdictions including but not limited to the European Union (EU), the United States (US), Canada, Brazil, and Japan.

By using the Site, you agree to the collection and use of information in accordance with this Privacy Policy.

Definitions

For the purposes of this Privacy Policy:

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Mounteen LLC, which operates the website Mounteen.com. The Company is the legal entity responsible for the collection, use, and disclosure of your Personal Information as described in this Privacy Policy.
  

• Account means a unique account created for you to access our Service or parts of our Service.

• Personal Information is any information that relates to an identified or identifiable individual. For the purposes of GDPR, this means any information relating to you such as a name, an identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity. Under CCPA, Personal Information means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

• Service (also referred to as "the Site") encompasses the Mounteen.com website and any related services, platforms, or applications operated by the Company. The Service includes, but is not limited to, all software, databases, portals, tools, features, and information provided to the user through Mounteen.com and any associated platforms.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. For the purpose of the GDPR, Service Providers are considered Data Processors.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects consumers' personal information and determines the purposes and means of the processing of consumers' personal information.

• Consumer, for the purpose of the CCPA, means a natural person who is a California resident.

• Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information to another business or a third party for monetary or other valuable consideration.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with our processor Shopify.

Order information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with our processors Shopify and PayPal.

Customer support information

• Examples of Personal Information collected: name, email address, order details, and phone number
• Purpose of collection: to provide customer support.
• Source of collection: collected from you.

Minors

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at privacy@mounteen.com to request deletion.

We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

Children's Privacy and COPPA Compliance

Our Site respects the privacy of children and complies with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect, use, or disclose personal information from children under 13 without obtaining prior verifiable consent from their parents. We are committed to protecting the safety of children's information and encourage parents and guardians to take an active role in their children's online activities and interests.

Parents have the right to review their child's personal information, request deletion, and refuse further collection or use of their child's information. To exercise these rights, parents can contact us directly at privacy@mounteen.com.

If we become aware that we have collected personal information from a child under 13 without parental consent, we will take steps to remove that information from our servers.

Using Personal Information

We use your personal Information to provide and enhance our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, keeping you up to date on new products, services, and offers, and other uses that allow us to improve and personalize your experience. Below are some of the specific purposes for which your Personal Information may be used:

• To provide our Service: To provide and maintain our Service including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Information You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To share news & special offers with You: To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Email Marketing

We may use Your Personal Informaiton 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 provided in any email We send or by contacting Us.

GDPR Privacy: Lawful basis for Processing Personal Information

Under the General Data Protection Regulation (GDPR), applicable to residents of the European Economic Area (EEA), our processing of your Personal Information is justified based on the following legal grounds:

• Consent: You have consented to the processing of your Personal Information for specific purposes.
• Contractual Necessity: Processing is necessary to fulfill a contract with you or to take pre-contractual steps at your request.
• Legal Obligations: Processing is necessary to comply with our legal obligations.
• Vital Interests: Processing is necessary to protect your vital interests or those of another person.
• Public Interest: Processing is necessary for performing a task in the public interest or in the exercise of official authority vested in us.
• Legitimate Interests: Processing is necessary for the purposes of legitimate interests pursued by us, provided your interests and fundamental rights do not override those interests.
  

Sharing Personal Information

This section aims to provide a clear understanding of how and why we use your Personal Information, reflecting our commitment to transparency and your privacy rights.

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or in response to valid requests by public authorities (e.g. a court or a government agency), or to otherwise protect our rights.

• Under certain circumstances, We may be required to disclose Your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Below are some specific examples of how we may share your Personal Information:

• With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, process payments, and contact you.

• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Other legal requirements

We may disclose Your Personal Information in the good faith belief that such action is necessary to: Comply with a legal obligation

• Protect and defend Our rights or property
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners for the purpose of including, but not limited to, performing ad measurement services on our behalf. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]
• PINTEREST - https://www.pinterest.com/settings/privacy/

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Security of Your Personal Information

The security of Your Personal Information is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure.

While We strive to use commercially acceptable means to protect Your Personal Information, We cannot guarantee its absolute security.

 

Mobile Terms of Service

The Mounteen LLC mobile message service (the "Mobile Service") is operated by Mounteen LLC (“Mounteen LLC”, “we”, or “us”). Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Mounteen LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mounteen LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mounteen LLC. Your participation in this program is completely voluntary.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to +18446100266 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mounteen LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Mobile Service support or assistance, text HELP to +18446100266 or email support@mounteen.com.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

Your rights

Your Rights Across Different Jurisdictions

Our commitment to your privacy rights is global. Depending on your location, you may have certain rights under local data protection laws. Below is a summary of your rights under the General Data Protection Regulation (GDPR) for residents of the European Economic Area (EEA), the California Consumer Privacy Act (CCPA) for residents of California, USA, the Personal Information Protection and Electronic Documents Act (PIPEDA) for residents of Canada, the Lei Geral de Proteção de Dados (LGPD) for residents of Brazil, and the Act on the Protection of Personal Information (APPI) for residents of Japan.

General Data Protection Regulation (GDPR) - EEA Residents

As an individual within the European Union (EU), you have specific rights regarding your Personal Information under the General Data Protection Regulation (GDPR), including:

• Access: You can request access to your Personal Information, including a copy of the Personal Information we hold about you.
• Rectification: You have the right to have any incomplete or inaccurate Personal Information corrected.
• Erasure: You can request the deletion of your Personal Information when it's no longer necessary for us to retain it.
• Restriction of Processing: You have the right to request that we restrict the processing of your Personal Information under certain circumstances.
• Data Portability: You can request a transfer of your Personal Information in a structured, machine-readable format to you or directly to another organization.
• Objection: You have the right to object to the processing of your Personal Information based on our legitimate interests, including profiling. You also have the right to object to processing for direct marketing purposes.
• Withdraw Consent: Where processing is based on consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, please contact us at privacy@mounteen.com. We may request specific information from you to help us confirm your identity and process your request.

We will respond to your request within one month of receiving it, as required by the General Data Protection Regulation (GDPR). This period may be extended by two additional months if the request is particularly complex or we receive a number of requests from you. In such cases, we will inform you within one month of the receipt of the request and explain the reason for the extension.

If you have concerns about our use of your Personal Information, you also have the right to lodge a complaint with a Data Protection Authority in the European Economic Area (EEA).

California Consumer Privacy Act (CCPA) - California, USA Residents

This section supplements our Privacy Policy, addressing the rights of California residents under the California Consumer Privacy Act (CCPA).

As a California resident, you have specific rights regarding your personal information, including:

Categories of Personal Information Collected:

We collect information that can be directly or indirectly linked to a specific consumer or device. Over the past twelve months, categories collected include Identifiers, Personal Information categories listed in the California Customer Records statute, Commercial information, and Internet or similar network activity, among others. It's important to note that not all examples listed under these categories may have been collected.

Sources of Personal Information:

We obtain personal information from direct interactions with you, indirectly from your activities on our Service, automatically through technologies like cookies, and from third-party Service Providers.

Use of Personal Information:

We use personal information collected for various business purposes, including operating our Service, providing customer support, processing transactions, and for law enforcement purposes.

Disclosure and Sale of Personal Information:

We disclose personal information for business or commercial purposes to categories of third parties including Service Providers, payment processors, affiliates, and business partners. While we may "sell" personal information as defined by CCPA, it encompasses a broad range of sharing activities not necessarily for monetary gain.

Your CCPA Rights:

• Right to Know and Access: You can request details about the personal information we collect and its use.
• Right to Deletion: You can request the deletion of your personal information.
• Right to Opt-Out: You have the right to opt-out of the sale of your personal information. If you wish to exercise this right, please visit our "Do Not Sell Or Share My Personal Information" page https://mounteen.com/pages/ccpa-opt-out.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights.

To exercise any CCPA rights, please contact us at privacy@mounteen.com. Verification of identity is required. We aim to respond within 45 days, extendable by another 45 days when necessary.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents who have an established business relationship with us can request information once a year about the sharing of their Personal Information with third parties for the third parties' direct marketing purposes.

If you are a California resident and would like to request more information under the California Shine the Light law, you can contact us using the contact information provided at the end of this policy.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code Section 22581 provides California residents under the age of 18, who are registered users of online sites, services, or applications, with the right to request and obtain removal of content or information they have publicly posted.

If you are a California resident under the age of 18 and wish to remove such content or information, please contact us using the contact information at the end of this policy. Be sure to include the email address associated with your account.

Please be aware that your request does not guarantee the complete or comprehensive removal of the content or information posted online, and the law may not permit or require removal in certain circumstances.

Personal Information Protection and Electronic Documents Act (PIPEDA) - Canada Residents

• Rights to access and correct personal information held by organizations.
• Right to expect that personal information is collected, used, or disclosed with consent and for reasonable purposes.

To exercise any of these rights, please contact us at privacy@mounteen.com. We may request specific information from you to help us confirm your identity and process your request.

Lei Geral de Proteção de Dados (LGPD) - Brazil Residents

• Rights to access, confirm the existence of processing, correct, anonymize, block, or delete unnecessary or excessive data, or data processed in noncompliance with LGPD.
• Right to data portability, to delete personal information processed with consent, and to obtain information about public and private entities with which the controller has shared data.

To exercise any of these rights, please contact us at privacy@mounteen.com. We may request specific information from you to help us confirm your identity and process your request.

Act on the Protection of Personal Information (APPI) - Japan Residents

• Rights to request disclosure, correction, cessation of use, and deletion of personal information.
• Right to be informed about the purpose of use of personal information.

To exercise any of these rights, please contact us at privacy@mounteen.com. We may request specific information from you to help us confirm your identity and process your request.

Where Your Information Is Processed and Stored

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with international privacy regulations, see Shopify Data Processing Addendum: https://www.shopify.com/legal/dpa.

Cookies

We use cookies and similar tracking technologies, such as beacons, tags, and scripts, to track activity on our site and store information. These technologies help us to collect and track information and to improve and analyze our service.

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name	Function
_ab	Used in connection with access to admin.
_secure_session_id	Used in connection with navigation through a storefront.
cart	Used in connection with shopping cart.
cart_sig	Used in connection with checkout.
cart_ts	Used in connection with checkout.
checkout_token	Used in connection with checkout.
secret	Used in connection with checkout.
secure_customer_sig	Used in connection with customer login.
storefront_digest	Used in connection with customer login.
_shopify_u	Used to facilitate updating customer account information.

Reporting and Analytics

Name	Function
_tracking_consent	Tracking preferences.
_landing_page	Track landing pages
_orig_referrer	Track landing pages
_s	Shopify analytics.
_shopify_fs	Shopify analytics.
_shopify_s	Shopify analytics.
_shopify_sa_p	Shopify analytics relating to marketing & referrals.
_shopify_sa_t	Shopify analytics relating to marketing & referrals.
_shopify_y	Shopify analytics.
_y	Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@mounteen.com or by mail using the details provided below:

Mounteen LLC, 7025 County Road 46A, Ste 1071 #373, Lake Mary, FL 32746, United States

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: https://www.consumer.ftc.gov/topics/privacy-identity-online-security