Privacy Policy

12/2021 Update

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at customerservice@theoliverthomas.com or mailing us at: Black Diamond Group 400 TradeCenter 128, Suite 2990, Woburn, MA, 01801, United States

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIES

Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SECURITY

We care about the security of your information. You can protect your information by selecting strong, unique passwords for the Website and any associated email addresses. If you have concerns about the security of your account, or wish to alert us of any potential vulnerabilities, please contact customerservice@theoliverthomas.com.

SUPPORTED WEB BROWSERS AND DO NOT TRACK SIGNALS

We recommend that you use the latest web browser versions to optimize your experience. Older web browser versions may not be able to access or utilize all pages on our websites as intended. 

We may not be able to receive or honor web browser “Do Not Track” signals and our websites may continue to collect information in the manner described within this Privacy Policy.

UPDATES

We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we encourage you to review this policy from time to time. Changes to this Privacy Policy are effective at the time they are posted and your continued use of our sites after posting will constitute acceptance of, and agreement to be bound by, those changes. If we make any material changes to our privacy practices, we will update this Privacy Policy and change the effective date.

CONTACT US

Please send your privacy-related questions, comments, and concerns to us via email at customerservice@theoliverthomas.com.

CHILDREN’S PRIVACY

Our Websites and Social Media Pages are intended for adults. We do not knowingly collect personal information of children under the age of 18.

HOW TO SUBMIT A REQUEST

If you wish to exercise your right to request access to your Personal Information, you may submit a request by emailing customerservice@theoliverthomas.com. To request deletion of your Personal Information, you may submit your request by emailing customerservice@theoliverthomas.com or by calling us at 1-833-221-0345. You may opt-out of the sale of your Personal Information by emailing customerservice@theoliverthomas.com.  If you choose to submit your request via email, you must include “CCPA Request” in the subject line and clearly provide us with the following information: What type of request you are making, your full name, email address, and shipping address. You may only make one request per email.

We are required to provide you with access to your Personal Information or delete your Personal Information only in response to verifiable consumer requests. We will compare the information you provide by telephone or via email with any information we may have in our possession in order to verify your request. We may also contact you to request additional information in relation to your request. The information you provide must match the information we have in our possession. This measure is in place to help ensure that Personal Information is not disclosed to any person who does not have the right to receive it. The information collected through this process will be used for verification purposes only.

AUTHORIZED AGENT

Please note that you may authorize an agent to exercise any of these rights on your behalf by contacting us by email at customerservice@theoliverthomas.com. If you use an agent, we will take measures to verify your agent’s authorization similar to the verification described above for fulfilling any access or deletion requests. We may require more information to ensure proper verification of you and your agent’s identity and authorization.

CATEGORIES OF PERSONAL INFORMATION DISCLOSED FOR A BUSINESS PURPOSE

We share Personal Information about you with service providers and third parties for business purposes, such as operational purposes and other purposes related to providing you with the products and services you seek from us. For more information about the business purposes for which we disclose Personal Information, see How We Share Information with Service Providers and Third Parties and For What Purposes and see Information We Collect for what types of information may be shared.

INFORMATION WE COLLECT

We collect various types of information about our customers on our Websites. In the past 12 months we may have collected:

  • Location: We use various technologies to learn your geographic location, including by collecting your IP address or other device information, which may depend on your device’s settings for location services.
  • Device Information: When you visit our Websites, interact with our Social Media Pages or online ads, or open our emails, we learn about your browser, device type, IP address, internet service provider, and other technical information about your device.
  • Contact Information: We collect contact information, which includes personal information like name, email address, phone number, and shipping address and may also include information such as your social media account information.
  • Payment Information: Your payment details can be collected in connection with an order.
  • Communication Records: If you communicate with our customer service agents, we may keep records of those conversations.
  • Shopping History: We keep track of your shopping history with us, including the items you purchase, return or exchange, or add to your cart.
  • Website Interactions: We collect information about your interactions with our Websites. This data may then be used to troubleshoot customer service issues, to improve site functionality, and to analyze user needs.
  • Submitted Content: We collect any content you submit to our Websites, Social Media Pages, or to us including photos and reviews.
  • Profile Information: We may have access to profile details about our customers such as your preferences and website behavior.
  • Demographic Information: We have access to demographic details about our customers such as birthdate, gender, ZIP code, and other similar details.

 

HOW WE COLLECT INFORMATION

We may collect the information described above directly from you, from third parties we partner with, or through cookies or other automated means. These sources may include:

  • You: We collect information directly from you, whenever you: make a purchase; visit our Websites; contact us with questions or comments; upload content; create an account; sign up for communications; add to your cart; respond to a survey; write a review; or use or like our Social Media Pages
  • Your Device or Browser: Certain information is automatically collected from your device or browser and analyzed when you visit our Websites, interact with our Social Media Pages or online advertising, or open our emails.
  • Third Parties: We work with third parties who provide services to us such as payment processors, analytics, or advertising companies. Your information may be collected and processed independently in accordance with the third party’s own privacy notices. These third parties share information they have collected with us.
  • Social Media Platforms: Social media platforms share information with us. You can learn more about how social media platforms collect and use your information by reviewing their privacy policies and settings.
  • Cookies: We use cookies (small data files stored on your device or browser), pixel tags (tiny graphic images embedded in a website or email), and other similar technologies to automatically collect information when you visit our Websites or interact with our emails. Through the use of cookies, we may link information about your interactions with our Websites or emails over time. We also contract with third party advertising or analytics companies to serve you online ads on other websites. These companies use cookies or similar technologies to collect information about your interactions with our Websites and interactions with other websites. These advertising companies may use and share the information gathered to deliver ads more tailored to your interests. We receive aggregate information from these third parties to understand our advertising effectiveness. Any information collected by us or by third parties through the use of cookies or similar technologies may be linked with other information we collect about you.

HOW WE USE COLLECTED INFORMATION

We may use the information we collect for the following business purposes:

  • Fulfillment: Fulfilling your orders and other requests, including, but not limited to, processing payments and delivering packages.
  • Advertising: Presenting advertising online and via email, or other communication channels, including through partnerships with social media platforms and internet search engines.
  • Understanding Our Customers: Analyzing your activity with us (including your interactions with our Websites, Social Media Pages, and emails or other forms of communication), and monitoring the effectiveness of our advertising and communications.
  • Personalization: Using your preferences and other collected information to personalize our relationship with you, including presenting customized communication, advertising, and experiences on our Websites, emails, and ads on social media.
  • Communications: Communicating with you about our services and responding to your inquiries.
  • Hiring: recruiting and hiring.
  • Customer Experience: Serving content on our Websites and Social Media Pages, developing our products and services, and constantly improving our customers’ experience, including but not limited to, troubleshooting customer service issues and improving site functionality.
  • Security: Protecting us and our customers from fraud, security threats, and other illegal or harmful activity.
  • Legal Obligations: Complying with legal and regulatory requirements and responding to requests from courts or other government bodies.

HOW WE SHARE INFORMATION WITH SERVICE PROVIDERS AND THIRD PARTIES AND FOR WHAT PURPOSES

We may share personal information with third parties for certain purposes. For example, we share personal information with:

  • Service Providers: We partner with third parties to assist with many aspects of our business, including fulfilling orders, advertising, analyzing your interests and activity on our Websites and Social Media Pages, and helping us communicate with customers. These third parties may provide services related to any of the purposes described in How We Use Collected Information, and we may share with them any types of information described in Information We Collect. We may also receive information collected by these third parties and combine it with the information we have collected. Your information may also be collected and processed by third parties, such as the payment providers you select, who will process your information independently in accordance with their own privacy notices.
  • Marketing Providers: We partner with third parties to assist with the advertising and marketing of our business. We may share with them the types of information described in How We Use Collected Information.
  • Other Third Parties: We will disclose information about you, including to government bodies or law enforcement agencies, when we believe it to be necessary for compliance with the law or to protect our Websites’ users, our Websites, or the public.

OPTING-IN

If you have opted-out of the use of your Personal Information, you are welcome to opt back in at any time. To opt-in, contact us via email at customerservice@theoliverthomas.com and clearly request to opt-in to the use of your Personal Information.

FINANCIAL INCENTIVE

From time to time, we may offer coupons or other discounts when you subscribe to receive email updates or similar services we provide to communicate with you. When offered, you can subscribe by entering your email address where applicable. To provide these services, we utilize the identifiers you have provided.

To opt out, please utilize your privacy rights are described herein to submit a request or select “unsubscribe” in an email you receive from us. If you opt out we will not reduce the value of any financial incentives you previously received from us.

We do not assign a monetary value to the data that we collect and strive to only use that information to further our business in accordance with our Privacy Policy; to the extent that we are required to assign a monetary value to your information, it is equal to the value of the discount or financial incentive that we have provided to you.

PRIVACY RIGHTS OF CALIFONIA RESIDENTS

As a resident of California, you have rights under the California Consumer Privacy Act, California Civil Code § 1798.100 et seq., (with any implementing regulations and as may be amended from time to time, “CCPA”) relevant to your Personal Information (as defined under the CCPA), as well as other laws. The rights described herein are subject to exemptions under the CCPA and other limitations under applicable law.

California Consumer Rights Under the CCPA: If your Personal Information is subject to the CCPA, you may have certain privacy rights with regard to that information. You may have the right to:

  • Request that we provide you access to the following no more than twice in a 12-month period:
    • the categories and specific pieces of Personal Information that we have collected about you;
    • the categories of sources from which the Personal Information is collected;
    • the business or commercial purpose for collecting or sharing your Personal Information; 
    • the categories of third parties with whom we share your Personal Information; and
    • the categories of Personal Information that are sold (as defined under the CCPA) and the categories of third parties to whom the Personal Information was sold.
  • Request that we delete your Personal Information, subject to exceptions under the CCPA or other applicable law; and
  • Request that we not “sell” your Personal Information by opting out of the sale of your Personal Information.

California residents also have the right not to receive discriminatory treatment for the exercise of any of the privacy rights conferred by the CCPA, as described in this section. We will not discriminate against you because you have exercised any of your rights under the CCPA.

ADDITIONAL CALIFORNIA PRIVACY RIGHTS

California residents may also ask us to provide them with (i) a list of certain categories of personal data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties.  California residents may make one request per calendar year.

To make this request, you may contact us at customerservice@theoliverthomas.com.  In your request, please include a subject line that states "CA Shine the Light Request," state that you are a California resident, and provide a current California address for our response.

NEVADA PRIVACY RIGHTS

Although we do not currently “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, Nevada consumers have the right to instruct us not to sell covered information. You may contact us here to be verified and exercise your opt-out rights under that law.

For more information about our data collection and sharing practices, please review this Privacy Policy. We may share your data as explained in this Privacy Policy for different purposes, such as to make your experience and our services better, and those activities are separate from the opt out request.

SMS / MMS MESSAGING POLICY

Oliver Thomas sends you alerts so you do not miss out on our biggest sales, our best deals, and the newest products we have to offer.

As always, message and data rates may apply for any messages sent to you from or on behalf of Oliver Thomas and sent from you back to us. 

You can cancel the Oliver Thomas text service at any time. Just text “STOP” to 1-833-524-1420. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at customerservice@theoliverthomas.com or by mail at Black Diamond Group

[Re: Privacy Compliance Officer]

[300 TradeCenter, Suite 5550, Woburn, MA, 01801, United States]