OpenStore Privacy Notice

Last Updated: December 10, 2021

This Privacy Notice is designed to help you understand how Miami Labs, Inc. d/b/a OpenStore and its affiliates (“OpenStore”, “we”, “us”, “our”) collects, uses, and shares personal information and to help you understand and exercise your privacy rights.

This Privacy Notice is incorporated into OpenStore’s Terms of Use by reference, as if set forth fully therein.

1.        SCOPE

2.        PERSONAL INFORMATION WE COLLECT

3.        HOW WE USE YOUR INFORMATION

4.        HOW WE DISCLOSE YOUR INFORMATION

5.        YOUR PRIVACY CHOICES AND RIGHTS

6.        SECURITY OF YOUR INFORMATION

7.        INTERNATIONAL DATA TRANSFERS

8.        RETENTION OF PERSONAL INFORMATION

9.        SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

10.        SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

11.        CHILDREN’S INFORMATION

12.        OTHER PROVISIONS

13.        CONTACT US

  1. SCOPE

This Privacy Notice applies to personal information processed by us, including on our websites and other online or offline offerings (together with any and all future online and offline offerings). To make this Privacy Notice easier to read, our websites and other offerings are collectively called the “Services.

  1. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as organizations we acquire or interact with in connection with a potential transaction (each a “Partner Company”) along with third-party services and organizations, as described below.

  1. Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

  1. Information Collected Automatically

We may collect personal information automatically when you use our Services:

Our uses of these Technologies fall into the following general categories:

Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.

  1. Information Collected from Other Sources

Partner Companies. We may collect personal information from Partner Companies. This may include any personal information a Partner Company has collected that it provides to us including, but not limited to, information about customer transactions, marketing databases, and information about an individual’s online or offline activities. For example, Partner Companies may provide us with personal information related to their customers’ transactions made via Shopify including, but not limited to, email address, name, billing and shipping address, IP address, latitude/longitude, phone number, user agent, payment gateway, order amount, line item amount, discounts, sales tax amount and currency used.  

Other Third-Party Sources or Organizations. We may collect personal information from other sources, including information we obtain from third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings. In addition, we may also obtain supplemental information from third-party sources related to any individual about whom we have previously collected personal information.  

  1. HOW WE USE YOUR INFORMATION

We use personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market products and Services, as described below.

  1. Provide Our Services

We use personal information to fulfil our contracts and provide our Services, such as:

  1. Administrative Purposes

We use personal information for various administrative purposes, such as:

  1. Marketing and Advertising our Products and Services

We may use any personal information that we process under this Privacy Notice to tailor and provide individuals with content and advertisements. We may provide individuals with these materials as permitted by applicable law.

Some of the ways we may market to individuals include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to inquire about opxing out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.

  1. Other Purposes

We may also use personal information for other purposes as requested by you or as otherwise permitted by applicable law.

  1. HOW WE DISCLOSE YOUR INFORMATION

We disclose personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

  1. Disclosures to Provide our Services

The categories of third parties with whom we may share personal information are described below.

  1. Disclosures to Protect Us or Others

We may access, preserve, and disclose any personal information we process to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

  1. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankrupxcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar event, the personal information in our possession or control may be sold or transferred as part of such a transaction.

  1. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal information are described below.

We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law.

The online advertising industry also provides websites from which you may opx out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.  

Please note you must separately opx out in each browser and on each device.

Your Privacy Rights. In accordance with applicable law, you may have the right to:

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us below. We will process such requests in accordance with applicable laws.

  1. SECURITY OF YOUR INFORMATION

We take steps to ensure that personal information we process is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any personal information we process. To the fullest extent permitted by applicable law, we do not accepx liability for unauthorized disclosure.

You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempx to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

  1. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

  1. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. If and to the extent we delete personal information, we may carry out this deletion by de-identifying and/or anonymizing such personal information.

  1. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information OpenStore has collected about them and whether OpenStore disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

Category of Personal Information Collected by OpenStore

Categories of Third Parties Personal Information is Disclosed to for a Business Purpose

Identifiers

  • Service providers
  • Affiliates
  • Advertising partners

Personal information categories listed in Cal. Civ. Code § 1798.80(e)

  • Service providers
  • Affiliates

Commercial information

  • Service providers
  • Affiliates

Internet or other electronic network activity

  • Service providers
  • Affiliates
  • Advertising partners

Professional or employment-related information

  • Service providers
  • Affiliates

Inferences drawn from other personal information to create a profile about a consumer

  • Service providers
  • Affiliates
  • Advertising partners

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.

Additional Privacy Rights for California Residents

“Sales” of Personal Information under the CCPA. For purposes of the CCPA, OpenStore does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA. 

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.

Verification. To protect your privacy, we will take steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

  1. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opx-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapxer 603A. If you have any questions, please contact us as set forth below.

  1. CHILDREN’S INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.

If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable.

  1. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Supervisory Authority. If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

Changes to our Privacy Notice. We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepxed the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.

  1. CONTACT US 

If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:

Miami Labs, Inc. d/b/a OpenStore

215 NW 24th Street, Suite 401

Miami, FL 33127

hello@open.store