Privacy Policy
We are pleased that you are visiting our website at www.eliminate.store. Data protection and data security when using our website are very important to us. In this Privacy Policy we adhere to our obligations set out in the California Consumer Privacy Act and the subsequent amendments from the California Privacy Rights and Enforcement Act (“CCPA”), and the EU's General Data Protection Regulation (“GDPR”) and inform you about which Personal Data we collect and process and for what purpose and of course about your rights and how you can assert them.
General Information
What is Personal Data?
Personal data is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.
What is Processing?
"Processing" means and covers virtually any handling of data.
Who is responsible?
The person responsible for the processing of Personal Data is Eliminate, San Jose, California (“Eliminate”, “we”, “us”, or “our”). Please read this Privacy Policy together with our Cookie Policy and email us using eliminate@eliminate.store if you have any questions.
Purpose and legal basis of processing
In accordance with the CCPA and the GDPR we need to have both a purpose and a legal basis to process Personal Data. The purposes are:
providing the website and their functions and contents,
responding to contact requests and communicating with our customers,
providing our services, and
security measures.
Of course, we can only do that if we have at least one of the following legal bases or in other words lawful reasons to do so. Unless specifically described below, we typically link the above purposes to one of the following:
consent,
to fulfill our services and carry out contractual obligations,
to fulfill our legal obligations, and
to protect our legitimate interests.
Data transfers
In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.
in the context of fulfilling your orders, shipping and delivery,
to use marketing services and to advertise our products online,
to communicate with you,
to provide our website and shop, and
to state authorities and institutions as far as this is required or necessary.
Our main operations are based in California and your Personal Data is generally processed, stored and used within California. In some instances, your Personal Data may be processed outside California. If and when this is the case, we take steps to ensure there is an appropriate level of security, so your Personal Data is protected in the same way as if it was being used within California. Where we need to transfer your data outside California, we will use approved standard contractual clauses in contracts for the transfer of Personal Data to third countries.
Security
In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction or access by unauthorized persons, we use appropriate technical and organizational security measures. Our security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.
Storage and retention
Your Personal Data will be stored by us only for as long as is necessary to achieve the purposes for which the data was collected or - if statutory retention periods exist that go beyond this point and for the duration of the legally prescribed retention period. We then delete your Personal Data. Only in a few exceptional cases is your data be stored beyond this period, e.g., if storage is necessary in connection with the enforcement of and defense against legal claims against us.
What Personal Data do we process?
Log files
When you access our website, some access data is recorded automatically and stored in a log file on our website's server. This means if you browse and simply have a look at our website, we process a) the IP address of your computer, b) the date and time of your access, c) the name and URL of the accessed file, d) the browser used, e) the amount of bytes transferred, f) the status of the page request, g) the session ID and g) the referrer URL. The legal basis for processing is our legitimate interest.
Hosting of our website
We use the hosting services of Shopify, for the purpose of hosting and displaying our website and shop. Shopify does so on the basis of processing on our behalf, and that also means that all data collected on our website and shop is processed on Shopify's servers.The basis for processing is our legitimate interest, and the initiation and/or fulfillment of a contract.
Content Management System
We use the Content Management System (CMS) of Shopify to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us is transferred to Shopify. This represents a legitimate interest.
Cookies
We use so-called cookies on our website. Cookies are small text files that are stored on your device (PC, smartphone, tablet, etc.) and saved by your browser. For further information please refer to our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.
Contact options
If you contact us, we process the following data from you for the purpose of processing and handling your request: first name, last name, e-mail address, and, if applicable, other information if you have provided it, and your message. The legal basis for the data processing is our obligation to fulfill the contract and/or to fulfill our pre-contractual obligations and/or our legitimate interest in processing your request.
Social Media
We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.
Shopping with us
We process your first name, last name, e-mail address, billing and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship.
User account
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.
Personal Information of Third Parties
Where any Personal Information relates to a third party, you represent and warrant that the Personal Information is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Information for the Purposes.
Payment Data
If you make a purchase your payment will be processed via our payment service provider Shop Pay (Shopify) Payment data will solely be processed through Shop Pay and we have no access to any Payment Data you may submit.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
Promotional use of your data
We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events.
Direct marketing
Insofar as you have also given us separate consent to process your data for marketing and advertising purposes, We are entitled to contact you for these purposes via the communication channels you have ticked in this consent.
Advertising
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.
We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following Personal Information may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website (e.g., orders placed, products clicked on). For further information, please refer to our Cookie Policy.
Your Rights and Privileges
Privacy rights
Under the California Consumer Privacy Act (“CCPA”) and the subsequent amendments from the California Privacy Rights and Enforcement Act (“CPRA”) amendment, you can exercise the following rights:
The right to know/access;
The right to delete;
The right to opt-out of sale;
The right to non-discrimination;
The right to rectification;
The right to limit use and disclosure of sensitive personal information;
Further, California’s “Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Information using the contact details provided.
Under the GDPR, you can exercise the following rights:
The right to access – You have the right to request copies of your Personal Data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your Personal Data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your Personal Data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your Personal Data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you have any questions, please contact us.
Updating your information
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.
Withdrawing your consent
You can withdraw consents you have given at any time by contacting us.
Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
Complaint to a supervisory authority
You have the right to lodge a complaint about our processing of Personal Information with a supervisory authority responsible for data protection. In California this is the California Privacy Protection Agency, www.cppa.ca.gov. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
Do Not Sell
We do not sell your Personal Information.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
Telephone Consumer Protection Act (TCPA)
If we process your Personal Information for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.
Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
Changes
We may update our Privacy Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use your Personal Data. We recommend that you check here periodically for any changes to our Privacy Policy.
Questions
For more information or if you have questions, please contact us using eliminate@eliminate.store.
Effective Date
Sunday, March 31st 2024.
General Information
What is Personal Data?
Personal data is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.
What is Processing?
"Processing" means and covers virtually any handling of data.
Who is responsible?
The person responsible for the processing of Personal Data is Eliminate, San Jose, California (“Eliminate”, “we”, “us”, or “our”). Please read this Privacy Policy together with our Cookie Policy and email us using eliminate@eliminate.store if you have any questions.
Purpose and legal basis of processing
In accordance with the CCPA and the GDPR we need to have both a purpose and a legal basis to process Personal Data. The purposes are:
providing the website and their functions and contents,
responding to contact requests and communicating with our customers,
providing our services, and
security measures.
Of course, we can only do that if we have at least one of the following legal bases or in other words lawful reasons to do so. Unless specifically described below, we typically link the above purposes to one of the following:
consent,
to fulfill our services and carry out contractual obligations,
to fulfill our legal obligations, and
to protect our legitimate interests.
Data transfers
In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.
in the context of fulfilling your orders, shipping and delivery,
to use marketing services and to advertise our products online,
to communicate with you,
to provide our website and shop, and
to state authorities and institutions as far as this is required or necessary.
Our main operations are based in California and your Personal Data is generally processed, stored and used within California. In some instances, your Personal Data may be processed outside California. If and when this is the case, we take steps to ensure there is an appropriate level of security, so your Personal Data is protected in the same way as if it was being used within California. Where we need to transfer your data outside California, we will use approved standard contractual clauses in contracts for the transfer of Personal Data to third countries.
Security
In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction or access by unauthorized persons, we use appropriate technical and organizational security measures. Our security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.
Storage and retention
Your Personal Data will be stored by us only for as long as is necessary to achieve the purposes for which the data was collected or - if statutory retention periods exist that go beyond this point and for the duration of the legally prescribed retention period. We then delete your Personal Data. Only in a few exceptional cases is your data be stored beyond this period, e.g., if storage is necessary in connection with the enforcement of and defense against legal claims against us.
What Personal Data do we process?
Log files
When you access our website, some access data is recorded automatically and stored in a log file on our website's server. This means if you browse and simply have a look at our website, we process a) the IP address of your computer, b) the date and time of your access, c) the name and URL of the accessed file, d) the browser used, e) the amount of bytes transferred, f) the status of the page request, g) the session ID and g) the referrer URL. The legal basis for processing is our legitimate interest.
Hosting of our website
We use the hosting services of Shopify, for the purpose of hosting and displaying our website and shop. Shopify does so on the basis of processing on our behalf, and that also means that all data collected on our website and shop is processed on Shopify's servers.The basis for processing is our legitimate interest, and the initiation and/or fulfillment of a contract.
Content Management System
We use the Content Management System (CMS) of Shopify to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us is transferred to Shopify. This represents a legitimate interest.
Cookies
We use so-called cookies on our website. Cookies are small text files that are stored on your device (PC, smartphone, tablet, etc.) and saved by your browser. For further information please refer to our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.
Contact options
If you contact us, we process the following data from you for the purpose of processing and handling your request: first name, last name, e-mail address, and, if applicable, other information if you have provided it, and your message. The legal basis for the data processing is our obligation to fulfill the contract and/or to fulfill our pre-contractual obligations and/or our legitimate interest in processing your request.
Social Media
We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.
Shopping with us
We process your first name, last name, e-mail address, billing and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship.
User account
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.
Personal Information of Third Parties
Where any Personal Information relates to a third party, you represent and warrant that the Personal Information is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Information for the Purposes.
Payment Data
If you make a purchase your payment will be processed via our payment service provider Shop Pay (Shopify) Payment data will solely be processed through Shop Pay and we have no access to any Payment Data you may submit.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
Promotional use of your data
We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events.
Direct marketing
Insofar as you have also given us separate consent to process your data for marketing and advertising purposes, We are entitled to contact you for these purposes via the communication channels you have ticked in this consent.
Advertising
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.
We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following Personal Information may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website (e.g., orders placed, products clicked on). For further information, please refer to our Cookie Policy.
Your Rights and Privileges
Privacy rights
Under the California Consumer Privacy Act (“CCPA”) and the subsequent amendments from the California Privacy Rights and Enforcement Act (“CPRA”) amendment, you can exercise the following rights:
The right to know/access;
The right to delete;
The right to opt-out of sale;
The right to non-discrimination;
The right to rectification;
The right to limit use and disclosure of sensitive personal information;
Further, California’s “Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Information using the contact details provided.
Under the GDPR, you can exercise the following rights:
The right to access – You have the right to request copies of your Personal Data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your Personal Data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your Personal Data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your Personal Data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you have any questions, please contact us.
Updating your information
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.
Withdrawing your consent
You can withdraw consents you have given at any time by contacting us.
Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
Complaint to a supervisory authority
You have the right to lodge a complaint about our processing of Personal Information with a supervisory authority responsible for data protection. In California this is the California Privacy Protection Agency, www.cppa.ca.gov. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
Do Not Sell
We do not sell your Personal Information.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
Telephone Consumer Protection Act (TCPA)
If we process your Personal Information for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.
Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
Changes
We may update our Privacy Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use your Personal Data. We recommend that you check here periodically for any changes to our Privacy Policy.
Questions
For more information or if you have questions, please contact us using eliminate@eliminate.store.
Effective Date
Sunday, March 31st 2024.