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Privacy Policy

SMASHD DRINKS LLC, d/b/a "SMASHD" ("SMASHD", "we", "us" or "our"), which includes SMASHD’ affiliated companies, is aware that you may wish to be informed about how your personally identifying data and information, such as name, address, e-mail address, telephone/fax numbers, credit/debit card information, demographic information, gender information, and responses to survey questions ("Data") that you may provide to SMASHD, are treated.

Accordingly, we have developed this Privacy Policy ("Policy") to explain our use of your Data as well as our precautions to keep your Data confidential and secure. By ordering our products and using our services, you are consenting to the Data collection and use practices described in this Policy, as modified from time to time by us in our sole discretion.

Specifically, you consent to our use of your Data for marketing communications, such as email and SMS notifications about our products, services, and special discounts, including a discount on your first order, where applicable. We will only send you these communications if you have explicitly agreed to receive them, and you will always have the option to unsubscribe or opt-out.

We reserve the right to modify our Policy and invite you to consult this Policy from time to time in order to familiarize yourself with any changes. We will post any new Policy on our websites, changing the date at the bottom of such Policy.

The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which shall prevail over the terms of this Policy.

Pledge on Privacy

SMASHD does not collect and process Data except when voluntarily provided by you. We ensure compliance by our staff with strict standards of security and confidentiality and in processing your Data we pledge to fully comply with internationally recognized standards of privacy protection.

Intended Use of Data

SMASHD collects and processes Data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use Data to provide you with our products or services, to bill you for products or services you request, to verify your credit, to market products and services we believe might be of interest to you, to process your job application, to receive news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve our services to our visitors and customers, for our own internal statistics to evaluate customer interests as well as purchasing and other trends among customers and to better determine product development and marketing strategies.

Use of Advanced Tracking Technologies:

We employ advanced data analytics tools, such as Meta Pixel, to enhance user experience and improve the effectiveness of our advertising campaigns. These tools collect data about your interactions with our website, including pages viewed and links clicked. We commit to obtaining your explicit consent before any such data is collected or processed. You will be fully informed of the specific data these tools collect, how they are used, and your rights regarding the use of such data. We also ensure that all data collected through these tools are used in compliance with this Privacy Policy and respect your privacy and confidentiality. You may opt out of data collection by these technologies at any time through your account settings or by contacting us directly.

By submitting your Data, you expressly consent to such use. SMASHD keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements. 

In the context of marketing, we may use your Data to send you promotional materials about our products, services, or offers, assuming you have opted-in for such communications. The usage of your Data for marketing purposes aligns with the standards and limitations described in this Policy.

Currently, our services do not require any form of registration, thereby allowing you to visit our websites, without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to choose a user name and password. In these situations, if you chose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our websites and for us to respond to your queries.

Non-Disclosure of Information

SMASHD shall never sell, rent, share or otherwise distribute or make available your Data to third parties outside of the SMASHD group of companies, except when required to do so for legal or regulatory purposes or when Data may occasionally be transferred to third parties who act for or on behalf of SMASHD for further processing in accordance with the purposes for which your Data were originally collected.

This may include sharing your Data with third-party marketing companies who help us communicate with you. Any sharing of your Data with third parties for marketing purposes will only be done with your explicit consent, and these third parties will be contractually required to maintain the confidentiality and security of your Data.

When disclosure of Data to third parties is likely or necessary for whatever reason, SMASHD shall ensure that such third parties provide the same level of protection as SMASHD, and shall contractually require them to process Data transferred only for the purposes authorized by you and on a confidential and secure basis.

Promotions

From time to time, we may offer sweepstakes, contests and other promotions (each, a "Promotion") that require online registration. Persons wishing to participate in those Promotions may be asked to provide some personal information. Some of the information that may be requested for this purpose will be optional, but other requested information, such as the individual’s name and e-mail address, will be mandatory because it will be needed to identify and notify winners. Also, some Promotions may require selection of a user ID and password by the individual. You should carefully review the rules, if any, of each Promotion in which you participate through our websites, as they may contain additional important information about SMASHD's use of your Data. To the extent that the terms and conditions of such Promotion rules concerning the treatment of your Data conflict with this Policy, the terms and conditions of the Promotion rules shall control.

These Promotions may also provide an opportunity for you to opt-in to receive marketing communications from us. If you choose to opt-in, your Data will be used for such communications, as described above in "Intended Use of Data".

Right of Access

You have the right to access and update your Data or to require their deletion. We endeavor to ensure that your Data are up to date, accurate and complete. If you wish to access, correct or delete your Data held by us, please contact SMASHD.

You also have the right to opt-out of receiving marketing communications from us at any time. If you wish to do this, please follow the instructions provided in our marketing communications, or contact SMASHD directly.

Security / Confidentiality

We undertake to take reasonable steps in order not to allow your Data to be seen by third parties other than those who act for or on behalf of SMASHD and have agreed to treat your Data confidential and secure. Access to Data is restricted to those of our employees on a need to know basis and who have been trained to observe strict standards of confidentiality in handling your Data.

To ensure the security and confidentiality of Data that SMASHD collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by SMASHD. Thus, we cannot be responsible or liable for the security of your Data whilst in transit via the Internet to us.

Anonymous Data / Cookie Technology

Most of the information we collect from our websites is anonymous information. When you visit our websites, we do not collect any personal Data from you unless specifically, voluntarily and knowingly provided by you. Anonymous information is processed by SMASHD to help improve the content of our websites, to customize our websites for our visitors and to learn more about them and how they use our websites. In doing so, SMASHD may use cookies and other tracking technologies, such as pixels and web beacons, on our websites to gather anonymous information, such as browser type, operating systems and the date and time of access. Cookies by themselves cannot be used to discover the identity of the user. A Cookie is a small piece of information, which is sent to your browser and stored on your computer hard drive. Pixels and web beacons are tiny graphics with a unique identifier that track the online movements of web users. These technologies help us provide better, more personalized experiences on our websites. You can disable cookies in your web browser settings, but please note that some parts of our websites may not function properly without cookies. By using our websites, you consent to our use of cookies and other tracking technologies.

Spamming

SMASHD does not conduct "spamming". Spamming is defined as sending unsolicited e-mails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. 

However, where we believe that one of our products is of importance to you, upon your prior consent we may inform you by e-mail or SMS, while always providing you with the choice of opting out of such service.

Data and Children

To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. SMASHD will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian). Our websites are general audience sites that are not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.

SMASHD's websites and services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete that information. If you believe we have collected personal information from a child under 13, please contact us at privacy@smashd.com.

California Residents

Residents of California, pursuant to section 1798.83 of the California Civil Code, may request, once per calendar year, from companies conducting business in California a list of all third parties to whom the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct-marketing purposes. In your request, please attest to your being a California resident and provide a current California address for our response. Additionally, in compliance with the California Consumer Privacy Act (CCPA), residents of California may opt out of the sale of personal information by SMASHD.

Links to Other Websites

Our websites may contain links to third-party websites. These linked sites are not under SMASHD’ control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on our websites does not imply endorsement of the linked site by SMASHD. If you provide any personal information through any such third-party website, your transaction will occur on such third-party’s website and the personal information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

Trademark Rights

SMASHD and its affiliates, licensors and content providers are the owners of all the trademarks used on the SMASHD websites. Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks without the express written consent of SMASHD.

Contact SMASHD

Should you have any queries or complaints about our compliance with this Policy, or if you wish to make any recommendations or comments to improve the quality of our Policy, please contact SMASHD at the following email address: privacy@smashd.com. If you wish to withdraw your consent for data processing, or to opt-out from receiving marketing communications, you can also contact us at this email address. Please note that your withdrawal of consent or opting-out may affect our ability to provide you with the products or services you have requested or that could be beneficial to you. We strive to improve the protection and security of the Data you provide to us. We urge you to also carefully read our "Terms of Use" for more information on the use of our websites.

Effective Date: July 12, 2023

SMASHD DRINKS LLC d/b/a "SMASHD" 2024. All rights reserved.