Introduction

Softartistry (“we”, “us”, or “our”) holds your privacy in high regard and is dedicated to safeguarding your personal data.

1. Crucial Information and Who We Are

Purpose of this privacy policy

This privacy policy serves to provide details on how we gather and process personal data from individuals who visit our website at www.softartistry.com, including any data you might provide through this website when you purchase a product or get in touch with us for any reason, such as via phone or email. It will elaborate on how we use your personal data, the circumstances under which we may share your personal data with others, how we secure your personal data, and outlines your privacy rights and legal protections.
We recommend that you read this privacy policy, along with any other privacy policy we may provide on particular occasions when we collect or process personal data about you. This will help you to fully comprehend how and why we are using your data. This privacy policy supplements other notices and privacy policies and does not intend to supersede them.

Controller

Softartistry is the data controller and assumes responsibility for your personal data. We gather and process your personal data in line with this privacy policy, and in compliance with the General Data Protection Regulation (“GDPR”) and other pertinent data protection laws and regulations.

Contact details

Should you have any questions about this privacy policy, our privacy practices, or to exercise any of your legal rights, please get in touch with us via the following means:

Email: [email protected]
Address: 11255 Quiet Lake Dr, Conroe, TX 77304, United States
Phone: +1 9829440781

We regularly review our privacy policy. From time to time, we may make changes to this privacy policy, which will be updated on this page. It’s crucial that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. If you wish to review and/or update personal data we have about you, please contact our data protection manager using the details above.

Links to Third-Party Sites

This privacy policy pertains solely to this website. Our site may contain links to third-party websites, plug-ins, and applications. Interacting with those links or activating those connections could enable third parties to gather or share data about you. We do not have control over these third-party websites and bear no responsibility for their privacy policies. We recommend you review any policies and statements on every website you visit.

2. The Information We Collect About You

Personal data is any information through which an individual can be identified. It does not include data from which a person’s identity has been removed (anonymised).
The following describes the categories of personal data that we may gather, use, store, and transfer. We will only utilize your personal data as permitted by law. The types of personal data we use include:
• Identity and Contact Data: This includes names, titles, and other identifiers along with address, email address, and telephone numbers.
• Financial Data: This includes information necessary for processing payments, such as credit/debit card information, and your bank account details.
• Technical Data: This includes internet protocol (IP) address, your login data, browser type and version, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. It also includes information about how you use our website and our products and services.
• Transaction Data: This includes details about payments to and from you and other details of products you have purchased from us.
• Profile Data: This includes username and password details you use to log into your account, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data: This includes information about how you use our website, products, and services.
• Marketing and Communications Data: This includes preferences in receiving marketing from us and your communication preferences.

We also gather, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as it does not directly or indirectly reveal your identity. For instance, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in line with this privacy policy.

We do not collect certain types of Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, and trade union membership). However, we may occasionally collect other data about you, for example, if you inquire about the Allergy Seal offered on some of our products, then we may ask for information about your allergies or specific needs. We do not gather any information about criminal convictions.

Failure to Provide Personal Data

In situations where we need to collect personal data by law, or under the terms of a contract we have with you or the organization you represent, and you fail to provide that data when requested, this may restrict our ability to provide our services. It could also prevent us from properly addressing a request or inquiry you have made, or we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods). In this case, we may have to cancel a product you have with us, but we will notify you if this is the case at the time.

3. The Collection of Your Personal Data: How is it done?

Various methods are employed to gather data from and about you. These include Direct interactions. You may provide us with your Identity, Contact, and Financial Data by filling out forms or by corresponding with us via mail, phone, email, or otherwise. This includes personal data you supply when you:

• opt for our products;
• set up an account on our website;
• ask to receive marketing;
• provide us with feedback or reach out to us.

Automated technologies or interactions. During your interaction with our website, we automatically gather Technical Data related to your equipment, browsing actions, and patterns. This personal data is collected through the use of cookies, server logs, and other similar technologies. We may also receive Technical Data about you if you browse other websites using our cookies. Please refer to our cookie policy for more information.

4. The Usage of Your Personal Data

We will only use your personal data as permitted by law. Most often, we utilize your personal data in the following scenarios: • When we need to fulfill the contract we are about to enter into or have entered into with you. • When it is necessary for our legitimate interests, and your interests and basic rights do not override those interests. • When it is necessary to comply with a legal obligation.

The Reasons for using your personal data

In a tabular format, we have detailed all the ways we intend to use your personal data and the legal grounds we depend on to do so. We have also identified our legitimate interests where appropriate.
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Contact us if you need information about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Legal basis for processing including basis of legitimate interest
To enlist you as a new customer (a) Identity
(b) Contact
Fulfillment of a contract with you
To manage and execute your order including:
(a) Handle payments, fees and charges
(b) Gather and retrieve money due to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Fulfillment of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Informing you about changes to our terms or privacy policy
(b) Inviting you to leave a review or participate in a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Fulfillment of a contract with you
(b) Required to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products)
To manage and safeguard our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and data hosting) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for conducting our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Required to comply with a legal obligation
To provide relevant website content and advertisements to you and evaluate or comprehend the effectiveness of the advertising we present to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our products and grow our business)

5. Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Specific third parties listed in the Glossary.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

Your personal data may be transferred, stored, and processed outside your resident country. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of your resident country.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This enables us to determine which products and offers may be relevant for you (we call this marketing).

Promotional offers from us

You will receive marketing communications from us if you have requested information from us or purchased goods from us and, in accordance with Texas law, you have not opted out of receiving that marketing.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, warranty registration, product experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law, including the law of the State of Texas.

5. Disclosure of Your Personal Data.

We may contact you via email to invite you to review any products you received from us in order to collect your feedback and improve our services and products. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

Given that we are based in the United States and subject to the law of the State of Texas, all personal data that we collect will be stored and processed within the United States, not outside the European Economic Area (EEA).

7. Data Security

In compliance with the Texas Identity Theft Enforcement and Protection Act, we’ve put in place measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. Access to your personal data is restricted to employees, agents, contractors, and other third parties who need to know. They are bound by a duty of confidentiality and may only process your personal data on our instructions.
In the event of a suspected personal data breach, we have procedures to handle it, and we will notify you and any applicable regulator, as required by Texas law.

8. Data Retention

We will retain your personal data only for as long as necessary to fulfil its purpose, including meeting legal, regulatory, tax, accounting or reporting requirements. This is in compliance with the Texas Business and Commerce Code, which stipulates that basic customer information (including Contact, Identity, Financial and Transaction Data) must be retained for at least four years for tax purposes.
You can ask us to delete your data under certain conditions, as outlined in your legal rights below.

9. Your Legal Rights

In accordance with the Texas Privacy Protection Act, you have various rights under data protection laws, such as:
• The right to request access, correction, or erasure of your personal data.
• The right to object to processing of your personal data, request restriction of processing, and request a data transfer.
• The right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
If you wish to exercise any of these rights, please contact us.

10. Lodging a Complaint

We commit to process your personal data in compliance with this privacy policy and all relevant Texas laws and regulations. If you’re dissatisfied in any way, you can lodge a complaint with us using the contact details provided above, or with the Texas Attorney General’s office if you feel your complaint was not resolved satisfactorily.