Last updated [9-1-2022]

Thank you for your interest in Thumbies, LLC (“Thumbies”, "Company", "we", "us", "our") products and services. We are committed to protecting your Personal Information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your Personal Information, please contact us at customercare@thumbies.com.

When you use our Website or Mobile Application ("Mobile App") and more generally, any other webpages, software, applications, products, content, data feeds and other services on which an authorized link to this Privacy Policy is posted (collectively, the “Services”). In particular, our Services include allowing people through our Website or Mobile App to create and purchase custom jewelry or keepsake with fingerprints, handprints, footprints, handwriting, soundwaves/voice/audio information, pet prints or other image imprinted onto it (“Print”). Our Website, Mobile App and Services are operated by or on behalf of Thumbies.

We recognize and appreciate that when you use our Services you are trusting us with your Personal Information. We take your privacy very seriously. We have adopted this Privacy Notice to fulfill our service commitment to you and comply with legal obligations as we process Personal Information. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Notice that you do not agree with, we want you to know that you have the right to discontinue use of our Services, including de-activating your account and requesting that any of your Personal Information be deleted.

This Privacy Notice applies to all information collected through our Services, including our Website and Mobile App, as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. DEFINITIONS
2. COLLECTION AND USE OF INFORMATION AND PERSONAL INFORMATION
3. EXTERNAL LINKS AND DO-NOT-TRACK FEATURES
4. SHARING OF INFORMATION
5. DATA SECURITY
6. DATA RETENTION
7. STORAGE OF DATA
8. PRIVACY RIGHTS
9. CHANGES AND UPDATES TO THIS PRIVACY NOTICE
10. CONTACTING THUMBIES

1. DEFINITIONS

• "Personal Information" means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier.
• “Services” means any our Website, Mobile App, and more generally, any other webpages, software, applications, products, content, data feeds and other services on which an authorized link to this Privacy Policy is posted. This includes any service, product or application offered by us, such providing the ability for customers to create custom jewelry and keepsakes through our Website, Mobile App, authorized vendors and/or otherwise.
• “Partner” means third-party independent contractors that the Company has contracted with for authorized sales/distribution of the Company’s line of keepsakes and products. While the term “Partner” is used to reference the third party independent contractor, such does not indicate any legal partnership between the two parties and the Partner is not an agent, legal representative or in any other way affiliated with the Company except as an independent contractor.

2. COLLECTION AND USE OF INFORMATION AND PERSONAL INFORMATION

We may collect information from you in two ways: (A) Directly Provided by you to us or our third-party Partners or Service Providers; and (B) Cookies and Similar Automated Information Collection by us or our third-party Service Providers.

As a note, we do not knowingly solicit, collect data from or market to children under 18 years of age. By using our Services, you represent that you are at least 18, that you are the parent or guardian of such a minor and consent to such minor dependent’s use of our Services, or that you are the parent or guardian of such a minor and consent to providing Personal Information of such a minor dependent. If we learn that an account or Personal Information has been provided by or collected regarding a user who is less than 18 years of age without their parent or guardian’s knowledge and consent, we will deactivate any such account and take reasonable measures to promptly delete such data and Personal Information from our records. If you become aware of any data or Personal Information that may have been provided to us from children under age 18 without their parent or guardian’s knowledge and consent, please contact us at customercare@thumbies.com.

A. Directly Provided By You

When you choose to register for an Account on our Website or Mobile App, express an interest in obtaining information about us or our products and Services, use our Website or Mobile App to design, create and/or purchase our products or Services, or contact us, you may be providing us or our Partners or Service Providers information. While we have set it up so we are primarily collect Personal Information from you, in some instances we may have contracts with trusted third-party Partners or Service Providers to help us provide Services to you. In those instances, you may be providing Personal Information directly to the our third-party Partners or Service Provider, which we may or may not otherwise have – and which they may share with us. Similarly, when you provide Personal Information directly to us, it may or may not be information our Partners or Service Provider has – and we will not share it with them unless it is required for the Service they are providing to us.

The information you directly provide and that we or our Partners or Service Provider collect will depend on the context of your interactions with us and our Website or Mobile App, as well as the choices you make when use our Website or Mobile App to design, create and/or purchase our products. We collect information from you when you set up an account, design a product, place an order, subscribe to a newsletter, fill out a form or otherwise enter or upload information on our Website or Mobile App, which may include Personal Information. The information we collect directly from you may include the following:

• Identifiers – This is Personal Information that identifies you, such as your name, contact details including phone number, email address, mailing address, billing address, phone number, zip code, ID information such as driver’s license number or SSN, dependents, spousal and other family information, and household information;
• Account Registration Information – This is information provided by you when you register for an account on our Website or to use our Mobile App, such as User ID, password, security questions and answers, and login details;
• Product Design, Prints and Biometric Information – This is information provided by you in designing a product to purchase or order, such as the name and type of product, information to be imprinted on a product or used in providing a Service, including fingerprints, handprints, footprints, handwriting, soundwaves/voice/audio recording, pet prints and/or other user-generated prints, photos/images, or audio recordings (“Print”), which may include Biometric information.
• Commercial Information – This is Personal Information regarding financial, payment and commercial data, such as name, billing address and credit card/payment details, including credit card numbers, expiration dates, and security codes, which may be collected directly by us or a third party Partner or Service Provider providing payment processing services, as well as any history and record of products and/or Services you inquired about, obtained, previously purchased or other information regarding refunds, returns or exchanges;
• Professional or Employment Information – This information provided by you is in relation to applying for employment or current employment with the Company, such as education, current and/or prior employment, job title, employer, location and any other information you may provide us in relation to seeking or having employment with us;
• Marketing and Communications Information – This information provided by you is in relation to your marketing preferences or your interest in our products and/or Services, and your request or subscription to information regarding our products, Services, marketing or advertising emails and communication, contests, promotions, surveys or other site feature Services;
• Information Provided Directly to Third Party Partners or Service Providers – This is information provided by you to our third party Partners or Service Providers, which may include Personal Information, payment processing, account registration and use of our Mobile App;
• Other information, including Personal Information, you submit to us through communications, customer support exchanges, our “Contact Us” link, surveys, a competition, reporting a problem, email, or otherwise.

The information, including Personal Information, you directly provide and we collect may be used for following business purposes:

• To create and allow access to accounts
• Register, maintain, and provide notifications to you about your account through our Website or Mobile App.
• Fulfill or meet the reason your information was collected or provided, including providing of products or Services.
• To quickly process orders and ship products.
• To allow us to better service you in responding to your customer service requests.
• Allow you to participate in interactive features on our account through our Website and/or Mobile App with Thumbies, including designing products or Services.
• To send periodic emails regarding your order or other products or Services.
• Deliver communications, information or services, and promotions.
• To administer a contest, promotion, survey or other site feature.
• Provide support to you and other users.
• Present, optimize, and maintain the security of our Website, Mobile App and their contents.
• Personalize your Website experience and to deliver content, product and service offerings relevant to your interests, including targeted offers through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• Improve our products, Services, Websites, Mobile App, marketing emails and notifications.
• Detect and prevent fraud or other crimes.
• Respond to law enforcement requests and as required by applicable law or court order.

You are under no obligation to provide information or Personal Information to us or our Partners or Service Providers when requested. However, if you choose to withhold any requested information, we may not be able to provide you with certain products, features or Services.

B. Through Usage or Automated Means to Us or Our Third-Party Service Providers

When you visit our Website or use our Mobile App, we or our third-party Partners or Service Providers may use technology, including Cookies, to automatically gather information regarding your Internet or Electronic Network Activity Information and Geolocation Information. This generally is not Personal Information that will reveal your specific identity (like your name or contact information), but it may include:

• Cookies and Tracking Information – This is information such as cookies (small bits of information that are stored on your computer, electronic device or in connection with your Internet browser), web beacons (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device), pixels, links, and other tracking technologies to gather information regarding your use and interaction with the Website, Mobile App and certain other online activities (including sites you visit, your browser type, operating system, and interactions with our content and emails).
• Device, Log File and Usage information – This is information such as your IP address, browser and device types and characteristics, access times, domain names, operating system, language preferences, pages visited, referring URLs/web page(s), device name, country, location, search terms, information about how and when you use our Website or Mobile App and other technical information.
• Data and Mobile Analytics Information – This is information about your website usage, performance data, app errors, and debugging information from where the Website or Mobile App was downloaded or accessed.
• Mobile App information – This is information collected by the Mobile App and provided to us or our Service Provider which may include the following:
  • Geolocation Information. The Mobile App may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our Mobile App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
  • Mobile Device Access. The Mobile App may request access or permission to certain features from your mobile device, including your mobile device's camera, and other features. If you wish to change our access or permissions, you may do so in your device's settings.
  • Mobile Device Data. The Mobile App may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server) and information about the features of our App you accessed.

We along with our third-party vendors may individually or together compile information and data regarding visitors or user interactions with our website and Mobile App, as they relate to our website. For example, we may use Google Analytics (https://policies.google.com/technologies/partner-sites), that tracks the number of visitors to a website and provides the website owner information regarding visitors browsing activities and interests.

We also use social plugins on our Website, which are icons that allow you to interact with third- party social networks such as Facebook and Instagram. When you use those icons or make public posts on social media, we may be provided that information. Your use of these social plugins is subject to the privacy policies of the third-party social networks.

The cookies, data and other information described above that may be automatically gathered may be used in the following ways:

• To help us maintain the security and operation of our Website, Mobile App, and customer accounts.
• To understand your preferences and improve our Services to you.
• To understand and customize user experiences.
• For marketing and advertising purposes.
• For website or Mobile App performance, analytics, improvement and troubleshooting.
• For our own internal analytics and reporting purposes.

For example, this information may allow us to remember your actions and preferences on the website (such as your login details, your language settings and your font size preference) over a period of time so you don't have to re-enter them whenever you come back to the website or browse from one page to another.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

3. EXTERNAL LINKS AND DO-NOT-TRACK FEATURES

External Links – Our Website, Mobile App or Service may, from time to time, contain links to external sites or applications. We are not responsible for the privacy policies or the content of such sites or applications.

Do-Not-Track Features - Some web browsers, mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting that you can activate to signal you do not wish to have data about your online browsing activities tracked. As there is no uniform technology standard or common understanding on how to recognize, interpret and respond to DNT signals, we do not currently respond to DNT signals. We will continue to monitor the technology and legal requirements regarding the understanding and recognition of how to treat DNT signals. In the meantime, you can use the information and methods that we have described above to control data collection and use, including the ability to opt-out of receiving marketing or advertising from us. If there is a change in our policy regarding this we will issue a revised version of this Privacy Notice.

4. SHARING OF INFORMATION

Thumbies has not and does not sell your Personal Information to individuals or third party companies for their independent commercial purposes.

We may share your information for the following business or legal reasons as follows:

• Consent – We may share information about you, including Personal Information, when we have your consent. We may have the right to disclose your Personal Information as set forth in any terms and conditions which you have agree (or agree to in the future), which may include when you set up an account through our Website or Mobile App, in designing and/or ordering products from us, or using our Services. We may also have the right to disclose your Personal Information as described in any agreement that you acknowledge, including any click-through agreements.
• Partners or Service Providers– We may share information about you, including Personal Information, with Service Providers with whom we have entered into contracts, such as:
  • Website Hosting service providers
  • Mobile App Hosting service providers.
  • Email communication service providers
  • Analytics service providers
  • Shipping service providers
  • Customer service providers
  For those Partners or Service Providers that are providing Services that require you or us to provide them Personal Information for our products or Services, our contracts with them will require your Personal Information be kept confidential and will prohibit the retention, use, or disclosure of Personal Information for any purpose other than the services.
• Legal Obligations– We may share information about you, including Personal Information, where we believe in good faith that such disclosure is necessary, required or otherwise appropriate to:
  • Comply with applicable law, governmental requests, a judicial proceeding, court order, or other valid legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • To investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person, to protect the interests, rights, safety, or property of Thumbies or others and/or address illegal activities; or
  • To enforce our terms or other contractual obligations.
• Business Transfer – As we continue to grow as a business, we may develop or purchase websites, applications, subsidiaries, other companies or business units. Alternatively, we may sell the company or business units, merge with other entities and/or sell assets or stock, raise capital through financings or have to reorganize or liquidate as part of a bankruptcy proceeding. During, in connection with or as a part of these types of transactions, we may transfer your Personal Information to another entity upon a sale, purchase, merger, consolidation, financing, or other corporate reorganization, which may include to a purchaser or acquirer of all or a portion of Thumbies’ assets. Where required by applicable law, you will be informed of such disclosure and your consent obtained.
• Aggregated and De-identified Information – We may use and share aggregated, automatically-collected, or otherwise de-identified information with third parties for various purposes, including (i) compliance with reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our individuals’ interests, habits and usage patterns for certain information, products, promotions, content, and/or functionality available through the Services.

5. DATA SECURITY

We strive to protect the Personal Information that you have provided to us, and account for the protection of Personal Information provided to our Partners or Service Providers. To prevent unauthorized access, disclosure, alteration or improper use of your information, and to maintain data accuracy, we've established physical, technical, administrative and organizational safeguards to protect the Personal Information we collect, which include the following:

• We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
• We perform application security testing; penetration testing; conduct risk assessments; and monitor compliance with security policies.
• When you enter any information anywhere on the Service, we encrypt the transmission of that information using secure socket layer technology (SSL) by default.
• The database where we store your Personal Information is encrypted at rest, which means it converts all Personal Information stored in the database to an unintelligible form.
• We ensure passwords are stored and transferred securely using encryption and salted hashing.
• We are in compliance with the Payment Card Industry Data Security Standard (PCI DSS). Our alignment with this standard is reflected in the people, technologies and processes we employ.
• We restrict access to Personal Information to authorized employees, agents or independent contractors who need to know that information in order to process it for us, and who are subject to strict confidentiality obligations and may be disciplined, terminated, have their contract canceled and/or subject to legal liabilities if they fail to meet their obligations.

With respect to our Partners and Service Providers, we have entered into contracts that require Personal Information collected by them or shared with them to be kept confidential, prohibit the retention, use, or disclosure of Personal Information for any purpose other than the services we have contracted them to provide, and require appropriate technical and organizational security measures be used by the Partner or Service Provider to protect the disclosure of such.

Despite our and our Partners and Service Providers safeguards and efforts to secure your information, no security measures are perfect or impenetrable. For example, outages, cyberattacks and physical thefts, human error, system failure, unauthorized use and other circumstances or factors may compromise the security of any system at any time. As such, although we will do our best to protect your Personal Information, you use our Website, Mobile Appl and Services and provide or transmit your Personal Information to us at your own risk. You understand that to the fullest extent permitted by applicable law, we are not liable for any unintentional disclosures, including, but not limited to due to a cyberattack or theft.

To help in protecting your information, you should take your own precautions, including only accessing your account through our Website or Mobile App within a secure environment. Additionally, in setting up and using your account you should take proper precautions by setting a difficult password, regularly changing your password information, maintaining the confidentiality of your login, account and password information by not sharing it with any third parties, and not use such for any improper or illegal action. In order to protect you and our business, we specifically reserve the right to terminate access to your account on our Website, Mobile App and Services, in the event we learn or suspect you have failed to maintain the security of your account, have disclosed your account and/or password information to an unauthorized third party, another has illegally or without your authorization obtained your account and/or password information, or you or someone using your information is attempting to or have engaged in improper or illegal actions.

When using our Services or providing Personal Information to us, we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of an incident that may qualify as a breach under applicable law, we will notify you consistent with applicable laws

6. DATA RETENTION

We store your Personal Information for as long as it is necessary to provide products and Services to you, including those described above. Unless otherwise required by applicable law, we may retain your information, including Personal Information and account data internally for as long as necessary to fulfill the purposes outlined in this privacy notice, including the following:

• To maintain your Account and to provide information regarding past transactions, purchases and ability to create and/or purchase other products and Services.
• Billing information and transaction histories may be retained to resolve subsequent billing disputes and inquiries.
• Account history may be retained to support subsequent customer service inquiries and to provide, improve and develop Services.
• To promote safety and security on the Service.
• To resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with our legal obligations.

Please remember that you can delete your account at any time. However, please note that we may have to retain some information after your account is closed, to comply with legal obligations, to protect the safety and security of our community or our Services, or to prevent abuse of our Privacy Policy or Terms and Conditions.

When we have no ongoing legitimate business need for your Personal Information, we will either delete or anonymize such Personal Information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

With respect to Prints and any information that could be considered Biometric information, please see our Biometric Information Policy and Terms.

7. STORAGE OF DATA

We are located in the United States, and the Personal Information that we collect is stored on servers that are located in the United States. This means that your Personal Information will be collected, processed and stored in the United States in compliance with its data protection laws. By accessing our Website, Mobile App or Services and providing your Personal Information, you agree and consent to the processing and storage of your Personal Information in the United States.

If you are accessing our Website, Mobile App or Services from outside the United States, please be aware that your country may have data protection laws that are different from (and maybe more or less protective than) the laws of the United States. For example, if you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then you must understand that the United States may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your Personal Information in accordance with this privacy notice and applicable law.

With respect to our Third-Party Partners and Service Providers, we take reasonable steps to ensure appropriate safeguards, however please be aware that they may transfer, store and/or process your information in other countries. For additional information regarding our Partners and Service Providers security and safety precautions you should review their privacy policies, and may request additional information regarding who we Partner with and our Service Providers in order to do so by contacting us at customercare@thumbies.com.

8. PRIVACY RIGHTS

Account Information– If you would at any time like to review or change the information in your account or terminate your account, you can contact us at customercare@thumbies.com. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements. With respect to any Prints and information that could be considered biometric information, please see our Biometric Information Policy and Terms.

Cookies and similar technologies– Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website and/or Mobile App. You can also Opt-Out of set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt-Out Browser add on. To opt-out of interest-based advertising by advertisers on our Website and/or Mobile App visit http://www.aboutads.info/choices/.

Opting out of email marketing– You may opt-out at any time of receiving direct marketing emails and other promotional email communications at any time by choosing the “Unsubscribe” option available as a link in the emails that we send, contacting us at customercare@thumbies.com or by contacting us using the details provided below. We will gladly comply with all requests to opt-out of or unsubscribe from promotional communications, but reserve the maximum amount of time allowed by law to process such requests. However, we may still communicate with you, as you cannot opt-out of certain transactional or Service-related emails or communication, which are necessary for the administration and use of your account, processing and/or concluding purchases or transactions, providing Services or for other non-marketing purposes.

California Residents– If you are a resident of the State of California, you may have additional rights when it comes to your information. Please see our California Privacy Notice for additional information about your rights and our disclosures. The California Privacy Notice is in addition to this Privacy Policy.

International Residents– While we do not currently market our products or Services internationally, we do recognize that in some regions, such as the European Economic Area (EEA) and United Kingdom (UK), individuals have rights that allow them greater access to and control over their Personal Information. These may include the right (i) to request access and obtain a copy of their Personal Information, (ii) to request rectification or erasure; (iii) to restrict the processing of their Personal Information; and (iv) if applicable, to data portability. In certain circumstances, individuals may also have the right to object to the processing of their Personal Information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data- protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

For all individuals, please understand that if we are relying on your consent to process your Personal Information and use in it providing products or Services, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

9. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information. By your continued use of the Services, Website and/or Mobile App, you will be deemed to consent to the terms of the revised Privacy Policy.

10. CONTACTING THUMBIES

If you have questions or comments about this notice, you may email us at customercare@thumbies.com or by mail to:

Thumbies, LLC
11701 Catalpa Lane
Woodstock, IL 60098
United States

Based on the applicable laws, you may have the right to request access to the Personal Information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your Personal Information, please submit a request by contacting customercare@thumbies.com.