Terms & Conditions
Effective: January 2022
Do Not Disturb. LLC, DND. by: FERRIS and each of their affiliates (collectively, “DND. ,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal information we hold about you.
This Privacy Statement explains our practices with respect to personal information we collect and process about you. This includes information we collect through, or in association with, our websites with home pages located at https://www.shopdonotdisturb.com and any other related apps that we may provide, together with all products and services we may offer from time to time via our website, retail stores and/or related apps, our related social media sites (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with us (the website, stores, apps, products, services, and social media pages, collectively, the “Services”).
Please review the following to understand how we process and safeguard personal information about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal information to us, you acknowledge that you have read and understand the practices contained in this Privacy Statement.
California residents, see our “California Privacy Statement” for more information about certain legal rights.
1) Modifications and Updates to this Privacy Statement
We reserve the right, at any time, to modify, alter, and/or update this Privacy Statement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Statement. Your continued use of the Services following our posting and/or your acknowledgement of any revised Privacy Statement will constitute your acknowledgement of the amended Privacy Statement.
2) Applicability of this Privacy Statement
This Privacy Statement is subject to the Terms and Conditions that govern your use of the Services. This Privacy Statement applies regardless of the means used to access or provide information through the Services.
This Privacy Statement does not apply to information from or about you processed by third parties for their own needs acting as data controllers (including via their services, applications, websites or advertisements) as part of or associated with the Services. This includes, but is not limited to, PayPal (which processes payments on your behalf), Global-e (which fulfills orders on your behalf), and social media pages. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices and under no circumstances are we responsible or liable for any third party’s compliance therewith.
3) Who is the Data Controller of Your Personal Information when Using the Services?
In connection with your use of the Services and the data processing activities described in this Privacy Statement, DND. acts as a data controller. This means that we determine the purposes and means of the processing activities of your data as described below.
Contact information for DND. and its European point of contact can be found at the end of this Privacy Statement.
4) What Information Do We Collect?
We collect a variety of personal information from and about you through the Services, including:
- When you provide it to us directly;
- Automatically through logging and analytics tools, cookies, pixel tags, and as a result of your use of and access to the Services; and
- From third-party sources, including service providers such as Big Cartel, PayPal, Google, LeanPlum, Attentive and Mailchimp, and through your interactions with us on social media websites.
You have choices about certain information we collect. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide any aspect of our Services, you may not be able to use those Services. In addition, as described below in the section captioned “Your Choices" it is possible to change your browser settings to block the automatic collection of certain information.
Finally, we may collect data that is not identifiable to you or otherwise associated with you and is not personal information. To the extent this data is stored or associated with personal information, it will be treated as personal information; otherwise, the data is not subject to this policy.
Information Collected from You. We collect personal information from you when you provide it to us, including by entering it into website forms, placing orders, creating an account, or contacting us with questions or comments.
For example, you can choose to sign up for email notifications about us through the Services by providing us with your email address. You can also choose to sign up for an account on the Services by providing us with your first and last name, email address, and password. If you order products from us through the Services, you must provide us with information to process that request, including but not limited to email address, first and last name, billing address, shipping address (if applicable), payment information, telephone number, and any other information you may optionally provide.
If you download and use our app, you must provide your name, email address, birthdate and shipping address. This information is collected automatically from Registered Users on our app, and at checkout from Guest Users on our app. Registered Users may also enter contests through the app and must provide their email address and sizing information. You may also choose to provide additional information when entering a contest, such as, your name, address,
and preferred brands, products and sizing preferences.
When you choose to sign up to receive email marketing from us, we utilize marketing tool Mailchimp, which will collect your email address.
If you contact us with questions, requests, or complaints, including through the “Live Chat” functionality on our website, we collect personal information sufficient to answer your questions, address your requests, and/or handle your complaints, as applicable.
We also collect information from you that, depending on applicable law, may not constitute personal information.
Information Collected Automatically. When you browse or use the Services, we utilize commonly-used logging and analytics tools, including Google Analytics, MailChimp and Big Cartel analytics tools, to collect information about your device, the network used to access the Services, and information about your use of the Services.
We also use certain technologies on the Services, including cookies and pixel tags, that allow us, our service providers, and third parties to store information locally on your device, identify your device, track your interactions with other sites or with our email campaigns, and track activity over time and across websites.
Information collected automatically includes the software and hardware attributes of the device you use to access the Services, unique device ID information, regional and language settings, performance data about the Services, network provider, and IP address (a number assigned to your device when you use the Internet). In addition, information may be collected passively in the form of log files and third-party analytics (including Google Analytics and Big Cartel analytics) that record website activity. For example, log file entries and analytics data are generated every time you visit a particular page on our website, and track the dates and times that you use the Services, the pages you visit, the amount of time spent on specific pages, and other similar usage information, and general data (including the name of the web page from which you entered our website).
Consult the “Your Choices" section of the Privacy Statement for information about how you can reject, delete, or prevent cookies from being placed on your system, and how you can opt out of, limit, or prevent certain web tracking technologies and/or advertising providers from collecting information about you.
Information Collected from Third Parties. We may receive personal information from third parties that we have engaged to provide services to us, including payment processors (such as PayPal), international fulfilment providers (such as Global-e), ecommerce platforms (such as Big Cartel), other vendors and service providers that provide services related to shipping, returns, customer support, fraud mitigation, and email marketing, as well as from third parties that provide web analytics and usage information to us (such as Google Analytics).
In addition, if you choose to interact with us or our partners on social media by posting to our pages, tagging us (or using certain hashtags or other identifiers) in posts, or participating in activities, we may collect certain information from the social media account you use to interact with us, including the name associated with the account, the account handle, recent activity, the content of any posts in which we are tagged, and other information that may be contained on your social media profile to allow us to respond to the posts and engage with our audience.
For the purposes of this Privacy Statement, “partners” means affiliates, service providers, licensors, vendors, manufacturers, distributors, or other third parties with which we have a business relationship.
5) How Do We Process Personal Information and on which Legal Basis?
We process personal information for two general purposes, pursuant to various legal bases:
- For our business operations (including communicating with you, fulfilling orders, providing information about our products and services, improving the Services, and complying with applicable legal requirements); and
- To market and promote our, and our partners’, products and offerings.
See the “Your Choices" section below for information about how you can make decisions about how we process personal information, including how to opt out of certain marketing communications.
We process personal information for, or based on, one or more of the following: (i) your consent; (ii) our legitimate business purposes; (iii) as necessary to perform a contract with you or to take steps at your request prior to entering into a contract; (iv) for compliance with a legal obligation.
Operational Uses. We process your personal information as part of our business activities and operations for the purposes and on the bases indicated below:
- Providing you with information tailored to your requests, responding to inquiries, and delivering services and products;
- Operating, maintaining, and improving the quality and security of the Services and such content, products and/or services as we may make available through the Services;
- Communicating with you by email and push notification, in each case with your consent if such consent is required in accordance with applicable laws or software platforms, about products, services, order status, and other topics;
- Compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies;
- Endeavoring to protect our and our partners’ rights, property, or health and safety, and the rights, property, and health and safety of our customers, users and other third parties; and
- For other purposes, as permitted or required by law.
Management of your customer account on our Services
Performance of the Terms and Conditions of our Services
Management of our commercial relationship (delivering services and products, management of orders, etc.)
Performance of the Terms and Conditions of our Services
Management of customer requests and complaints
Our legitimate interest in responding to our customers requests and complaints
Operating, maintaining, and improving the quality and security of the Services and such content, products and/or services as we may make available through the Services
Our legitimate interest in operating, maintaining, and improving the quality and security of the Services and such content, products and/or services made available through the Services
Management of litigation and disputes
Our legitimate interest to enforce our rights, those of our customers and partners in the context of litigation and disputes
Management of requests from authorities
Compliance with a legal obligation
Marketing Uses. As part of our marketing operations, we process your personal information to send messages to you about us, our partners, and the products and services we offer, which may from time to time include contests, rewards, events, and special offers for products and services. These communications may be tailored based on the communications preferences you select when providing us with your information or your activity on the Services, such as an abandoned cart, and is based on your prior consent, if such consent is required in accordance with applicable laws.
6) To Whom Do We Disclose Your Personal Information?
We disclose personal information to our service providers to allow them to provide services to us and assist in carrying out your requests, and to our partners in aggregate, demographic form in connection with our marketing and business development efforts.
In addition, we may disclose information we maintain, including personal information: when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or health and safety, and/or that of our customers, users, and others.
7) Protecting Personal Information
We employ reasonable safeguards designed to promote the security of our systems and protect your personal information from unauthorized destruction, use, modification, or disclosure. Personal information is protected using various physical, administrative and/or technical safeguards.
However, no method of safeguarding information is completely secure. While we use measures designed to ensure the protection of your personal information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is secure.
8) Retention of Personal Information
We retain personal information for no longer than we deem necessary for the purposes for which it is processed as described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or health and safety, and the rights, property, and safety of our customers, users and other third parties.
Thereafter, as a general matter, your personal information will be archived and stored to be used and otherwise processed in the event of legal or regulatory requirements, statutes of limitations, disputes, or actions, and will be stored and, if applicable, used and otherwise processed until reasonably after the end of any such requirement, limitation, dispute, or action, including any potential periods of review or appeal. Subsequently, your personal information will be anonymized, deleted or archived as permitted by applicable law.
9) Your Rights Regarding Personal Information
You have a variety of legal rights regarding the collection and processing of personal information. You may exercise these rights, to the extent they apply to you, by contacting us at the contact information provided at the end of this Privacy Statement, or by following instructions provided in communications sent to you. Please be prepared to provide additional information to identify yourself and authenticate your requests.
These rights vary depending on applicable law, but may include:
- The right to know whether, and for what purposes, we process personal information about you;
- The right to know what personal information we process about you;
- The right to learn the source of personal information about you we process, where we obtain that personal information from a source other than you;
- The right to access, modify, and correct personal information about you (as set forth in more detail below under “Access, Modifications, and Corrections to Collected Personal Information”);
- The right to know with whom we have shared personal information about you, for what purposes, and what personal information has been shared;
- Where processing of personal information about you is based on consent, the right to withdraw your consent to such processing;
- The right to request restriction of processing of personal information or object to processing of personal information; and
- The right to complain to a supervisory authority.
Access, Modifications and Corrections to Collected Personal Information. We strive to maintain the accuracy of any personal information that may be collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.
In accordance with applicable law, you may obtain from us certain personal information in our records, although we may request certain reasonable additional information to help us authenticate such requests. If you wish to access, review, or make any changes to personal information you have provided to us through the Services, you may do so at any time by contacting us as provided below or, for certain information, through your account on the Services. Please note, however, that we reserve the right to deny access as permitted or required by applicable law.
Your European Union Privacy Rights
In addition to the above-listed rights, European Union privacy law provides individuals with enhanced rights in respect of their personal information. These rights include, depending on the circumstances surrounding the processing of personal information:
- The right to object to decisions based on profiling or automated decision making that produce legal or similarly significant effects on you;
- The right to request restriction of processing of personal information or object to processing of personal information carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
- In certain circumstances, the right to data portability, which means that you can request that we provide certain personal information we hold about you in a machine-readable format; and
- In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal information we process about you.
Note that we may need to request additional information from you to validate your request. To exercise any of the rights above, submit your request using our Data Request Form.
Your Canadian Privacy Rights
Residents of Canada are permitted to request and obtain from us information respecting the existence, use, and disclosure of their personal information as well as access to that information (subject to certain exceptions pursuant to applicable laws). Without limiting the above, residents of Canada will, upon request:
- Be informed of whether we hold personal information about you;
- Be provided with an account of third parties to which we have disclosed your personal information;
- Be able to challenge the accuracy and completeness of your personal information and have it amended as appropriate; and
- Be provided with information about our policies and practices with respect to the management of personal information, including: the name or title, and address, of the person who is accountable for our privacy policies and practices; the means of gaining access to personal information; a description of the type of personal information held by us, including a general account of its use; a copy of any brochures or other information that explain our policies, standards, or codes; and what personal information is made available to related organizations. Requests may be submitted using our Data Request Form.
In addition, commercial electronic messages (including emails, SMS, MMS and text messages) will not be sent to persons in Canada unless they have provided explicit consent to receive such messages, or we have implied consent to send such messages pursuant to applicable legislation. However, we may still send transactional messages as permitted under applicable laws.
Your California Privacy Rights
California residents, see our “California Privacy Statement” for more information about certain legal rights.
Your Nevada Privacy Rights
Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law). However, we do not sell personal data protected under Nevada law. We will notify you of any changes to our data sharing practices and of any method(s) we put in place for Nevada consumers to exercise their opt-out rights.
10) Your Choices
In addition to your choices with respect to the collection of personal information (see “What Information Do We Collect?” above), you have the ability to make certain choices about how we communicate with you, and how we process certain personal information.
Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email or telephone) by following the opt-out link or other unsubscribe instructions provided in any email message received or by contacting us as provided at the end of this Privacy Statement.
Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).
Location Information. If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
11) Other Important Information About Personal Information and the Services.
Our Privacy Statement also includes information about other practices with respect to personal information, including:
- Collection of personal information from children;
- Links and references to third-party websites and services on our Services:
- What happens to personal information in the event we sell or transfer some or all of our business;
- Information about “Do Not Track”; and
- Information about where we process and transfer personal information.
Collection of Data from Children. Children under 16 years of age are not permitted to use the Services, and we do not knowingly collect information from children under the age of 16. By using the Services, you represent that you are 18 years of age or older, or are 16 years of age or older and have valid parental consent to do so.
Third-Party Websites and Services. We may reference or provide links to third-party websites and services, including those of our affiliates, service providers, and third parties with which we do business, and we are not responsible for and do not control the content, security, or privacy practices employed by such third-party websites and services. This Privacy Statement does not apply to any such third-party services; please refer to the privacy statements or policies for such third-party services for information about how they collect, use, and process personal information.
Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal information we obtain from or about you via the Services may be disclosed to any potential or actual third party purchasers and may be among those assets transferred.
Do Not Track. We use analytics systems and providers that process personal information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
International Use. Your personal information will be stored and processed in the United States. If you are using the Services from outside the United States, by your use of the Services you acknowledge that we will transfer your data to, and store your personal information in, the United States, which may have different data protection rules than in your country, and personal information may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States. For transfers of data into and out of the European Economic Area, pursuant to Article 46 of the General Data Protection Regulation, we use standard contractual clauses adopted by the European Commission.
12) Contact Us
If you have any questions or complaints about this Privacy Statement and/or how we process personal information, or would like to exercise any of the rights set forth above, please contact us at:
Attn: Director of Web Operations
DND. By Ferris
3535 Peachtree Rd NE
Atlanta GA, 30326
DND. Europe point of contact is our Director of Web Operations and can be contacted at firstname.lastname@example.org
If you are located in the European Union or European Economic Area, and you wish to raise a concern regarding our use of your personal information, you have the right to do so with your local supervisory authority.