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PRIVACY POLICY

This Privacy Policy applies to your use of our Web Based services and mobile applications.  We are described as “OrcaSmart” or the “company”, people who use the site solely to purchase goods and services are described as “purchasers” and businesses that use our site and services are described as “customers” or “venders.”  This Policy applies to all company websites, mobile apps, and all other digital and online services provided by the company, venders and third-party partners acting on the platform.  OrcaSmart is committed to protecting your privacy and we are always looking for new innovative solutions.  Your use of our platform is governed by this Privacy Policy and our Terms and Conditions, which you be read together as our company policy.  We welcome comments and feedback and suggestions to improve our polices, please feel free to emails us at our contact address set forth below.

We collect information about our customers in order to better understand our customer’s needs and shopping habits and offer better service.  We offer three levels of data collection.

The first level is only what is necessary:  Name, email address, password, contact information, payment information, order history, saved items and necessary cookies.

Better Service:  Everything listed in absolutely necessary and shopping history, geographic location, devise information, visit number, duration of visit, mobile carrier information ect.

Best Service:   Everything listed in absolutely necessary and Better Service plus social media, pages you visited immediately before and after, browser type, language, operating system.

Cookies and Tracking Technologies:

We may use cookies or other tracking technologies to collect and store information about interactions with the Services, including information about your browsing and purchasing behavior. Cookies are small files that enable the sites or service provider to recognize the user’s browser and capture and store certain information. Cookies and other tracking technologies are used to optimize the functionality of our services and to allow us to tailor content and advertising to match our clients’ browser history.

You may elect to opt out of our data collection program, by setting your browser to not allow cookies or by selecting a more restrictive setting on our site.  Restrictions of our data collection program may negatively effect your shopping experience and may prevent us from being able to give you access to some or all services that would otherwise be available.

Data Retention:  It is our policy to delete data on a commercially reasonable basis.  We may retain some data as required or advisable to comply with business and regulatory matters, as determined in our sole discretion.

Google Analytics – In addition to our cookie policy, our company uses Google Analytics to help us analyze user activity. Google Analytics uses cookies to generate information about your use our site.  This information can include your IP address and other information which they deem necessary or advisable for the purpose of evaluating and improving service. Google may share or transfer this information to third parties where required or permitted to do so by law. Google will not associate your IP address with other data held by Google. Data collected by Google is subject to its privacy policy, which may be reviewed at:  Google Privacy Policy.

You may opt out of Google’s data collection by prohibiting the collection of cookies on your browser or following the instructions on the Google Analytics Opt-out Page.

Do We Share Your Personal Information

Yes, we do share your information as followings: 

When we share your personal information, we require that our customers, business partners, and service providers use the information only in accordance with the terms of this Privacy Policy.

We may share your personal information as follows:

  • Within our company, customers (of the platform), and businesses partners.  This includes information necessary to fulfill orders and facilitate future product procurement. 

  • With our service providers, insurers and other professionals including by not limited to consultants, accountants, attorneys.

  • As required to comply by law to comply with legal process, Court Order or any request from a government entity or regulatory agency.  This shall include any action in Court in which the company is a party or a witness.

  • Business purposes of the company including loan applications, investment negotiations, or negotiations in connection with a sale or acquisition of or by the company.

  • With third parties for marketing purposes and improving sales or customer service.  This includes ad targeting and customized advertising content.

  • Social media content.  We do not limit social media posts or pages on social media platforms, those sites are governed their own Privacy Policy.  You agree that any post that is placed on our social media page may be used by us for any purpose.  Any post made by you and submitted to a posting page that can be read by others is deemed a public statement and you understand that once you publish the statement it will no longer be deemed private (anybody can read it, respond to it, copy it, ect.).


 

 

Children’s Online Privacy Protection Act (“COPPA”):  You must be 18 years of age to set up an orca account and use our site as a customer or purchaser.  We do not knowingly collect information from children.  If you believe that we possess information from or regarding a child (anyone under the age of 18) please contact us immediately and we will delete that information immediately.  You can reach us at:

 

info@orcasmart.com

or

OrcaSmart

Att: Privacy Policy COPPA

100 Centershore Rd. Suite 3

Centerport, NY 11721

 

How we protect your information:  Our teams work tirelessly to protect your information, and to ensure the security and integrity of our platform. We also have independent auditors assess the security of our data storage and systems that process financial information. No method of transmission over the Internet or electronic storage is completely secure. This means we cannot guarantee the absolute security of your personal information.  You can find more information about our security measures at https://www.orcasmart.com/security.  You are responsible for maintaining the secrecy of any credentials used to access your account with us and you should report any suspected unauthorized activity to us immediately.

 

Email & Text Messages and Alerts:  You may op out by emailing or texting Email Communications by texting or emailing unsubscribe.  Please follow any follow up question sent to make sure that we accurately follow your instructions.  You can always email unsubscribe or any questions to info@Orcasmart.com.

 

Do Not Track:  For more information on Do Not Track, please visit https://allaboutdnt.com/

For Additional Information for the United Kingdom and the EU/EEA:

The following describes the categories of personal information that we may collect about data subjects in the United Kingdom, the EU and the EEA, the purposes for which we may process the personal information, and the legal bases for such processing. In the case of personal information that we do not obtain directly from you, the source and specific categories of that data are also described:

  • We may process personal information relating to transactions, including purchases of goods and services that you enter into with us either as an individual or on behalf of your employer and/or through our Services or sites linked to our Services (“Transaction Information”). Transaction Information may include your contact details (such as company, name, email address and/or phone number), and the transaction details. Transaction Information may be processed for the purpose of supplying services and keeping proper records of transactions. The legal basis for processing Transaction Information is the performance of a contract between you and the Companies and/or taking steps, at your request, to enter into a contract.

  • We may process personal information related to an account you maintain with the Companies either as an individual or on behalf of your employer (“Account Information”). Account Information may include your name, title, email address and postal address. The legal basis for processing Account Information is the performance of a contract between you and the Companies and/or taking steps, at your request, to enter into a contract and/or our legitimate interests in the proper administration of our Services and business.

  • We may process personal information contained in any inquiry you submit to us regarding goods and services (“Inquiry Information”). The legal basis for processing Inquiry Information is the performance of a contract between you as an individual or on behalf of your employer and the Companies, and/or taking steps, at your request, to enter into such a contract and/or our legitimate interests in responding to inquiries regarding our products and Services.

  • We may process personal information related to your use of our websites and Services (“Usage Information”). Usage Information may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use of our Services. The source of the Usage Information may be cookies, analytics services, tracking technologies or other methods. Usage Information may be processed for the purposes of analyzing your use of our Services. The legal basis for processing Usage Information is our legitimate interest in the proper administration of our Services and business, including monitoring and improving our Services.

  • We may process personal information about you to provide appropriate safeguards for your personal information, our services and our IT systems. The legal basis for this processing is our legitimate interests in the safety, security, and administration of our Services.

  • We may process information that you provide to us when you subscribe to our email marketing communications, newsletters and communications to keep you up-to-date on the Companies’ events and news (“Notification Information”). The legal basis for processing Notification Information is your consent if required. If you are an existing customer, the legal basis for this processing is our legitimate interests in providing you with information on our products and services.

  • We may process information contained in or relating to any communication that you send to us (“Correspondence Information”). Our Services use different forms for account or event registration, feedback, subscriptions, notification, and authentication. Each form may require different information about you such as your name, title, company, address, or email address. For example, if we need to mail or ship information to you, we will ask for your name, company, and address. If you ask us to notify you of changes to our Services or products, we may ask only for your email address. We also may use your IP address to help diagnose problems with our servers and to administer our Services as well as for other reasons such as website monitoring, improvement, preference settings, etc. Correspondence Information may be processed for the purposes of communicating with you and recordkeeping. The legal basis for processing Correspondence Information is our legitimate interests in the proper administration of our Services and business communication with you.

  • We may process your personal information where necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure, an investigation, or other legal matters such as an acquisition, divestiture, or merger. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others. We may process your personal information where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

  • We may process the personal information included in your personal profile on our websites (“Profile Information”). This Profile Information may include your name, address, telephone number, business or personal email address, and social network information. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you or your employer and the Companies and/or taking steps, at your request, to enter into such a contract and for marketing purposes.

You may have the following rights:

  • The right to be informed.

  • The right of access.

  • The right to rectification.

  • The right to erasure.

  • The right to restrict processing.

  • The right to data portability.

  • The right to object to processing.

  • Rights in relation to automated decision-making and profiling

You can inquire about your Personal Information and how we process it, and obtain further information on the above data subject rights by contacting us at:

OrcaSmart

Att: Data Protection
100 Centershore Rd., Suite3
Centerport, NY 11721

Or

Info@orcasmart.com (re: Data Protection)

We will respond to most requests within thirty (30) days of receipt. We will contact you if an extension period is required to respond. We may ask for additional information to verify your identity and understand your request. There may be exceptions and limitations related to your request. We may, for example, charge a reasonable fee or refuse to act on a request if it is manifestly unfounded or excessive, in particular because of its repetitive character. In some situations, we may refuse to act or may impose limitations on your rights if, for instance, your request is likely to adversely affect the rights and freedoms of others, prejudice law enforcement, interfere with pending or future litigation, etc. In all cases, you have a right to file a complaint with the appropriate Supervisory Authority.

 

Your California Privacy Rights

If you are a resident of California, your right to submit certain requests relating to your personal information is described below. Please note you or your designated agent must submit proof of identity and authorization at the time of making the request.

Right to Opt Out of the Sale of Your Personal Information

California residents have the right to opt out of the sale of their personal information. To exercise this right, please submit a request through our Do Not Sell My Personal Information form found on our homepage or email us at info@orcasmart.com.

Right to Request More Information

If you are a California resident, you have the right to request more information regarding the following, to the extent applicable: 

(1) The categories of personal information we have collected about you

(2) The categories of sources from which we have collected your personal information

(3) The business or commercial purpose why we collected or, if applicable, sold your personal information

(4) The categories of third parties with whom we shared your personal information

(5) The specific pieces of personal information we have collected about you

(6) The categories of personal information that we have shared with third parties about you for a business purpose

(7) The categories of personal information that we sold about you and the categories of third parties who received your personal information in the sale

(8) A list of all third parties to whom we have disclosed personal information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding year for third-party direct marketing purposes  

You may submit a request for the information above by emailing us at info@orcasmart.com (re privacy), or submitting a completed form available here. Please note that we respond to all verifiable requests for information as soon as we reasonably can and no later than legally required. 

Right to Request Deletion of Your Personal Information

California residents also have the right to request that we delete your personal information collected or maintained by us. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers (such as Google Analytics) that may have collected personal information about you through our websites to delete your personal information from their records. We will delete any and all personal information unless it is impossible because of a pending or completed transaction or to comply with legal or regulatory requirements.  You must request that we delete your information by emailing us at info@orcasmart.com(re privacy), or submitting a completed form available here. Should you wish to wish to delete your personal information associated with any of our loyalty programs (and thereby cancel your participation in the program), please contact us at info@orcasmart.com (re privacy).

Right to Non-Discrimination for the Exercise of Your Privacy Rights

If you choose to exercise any of the privacy rights conferred by the California Consumer Privacy Act of 2018, you also have the right not to receive discriminatory treatment by us. This means that, consistent with California law, we will not deny providing our services to you, charge you different prices or provide a different level or quality of services to you unless those differences are related to the value of your personal information. 

Nevada Privacy Notice

Under Nevada law, Nevada residents who have purchased goods or services from us may opt-out of the “sale” of “covered information” as defined by Nevada law to third parties, including but not limited to name, address, social security number, and online service activity.

Changes to Our Privacy Policy

We reserve the right to revise this Privacy Policy at our sole discretion at any time. It is your responsibility to review our Privacy Policy each time you use our Services or provide personal information to us as our Privacy Policy may have changed.

How to Contact Us

If you have any comments or questions about how we collect and use your personal information please submitted your request to our postal address or via email to info@orcasmart.com (re. privacy).

OrcaSmart

Privacy Policy

100 Centershore Rd. Suite 3

Centerport, NY 11721

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