Privacy Policy

Website Privacy Policy

Last modified: February 15, 2023

This policy (“Privacy Policy”) describes (i) the policies and procedures for the access, collection, use, retention, disclosure and protection of information that you (“You” or “Your”) share with Biggar & Leith, LLC (the “Company”, “We”, “Us” or “Our”) when you visit or interact with the https://shop-uk.shankyswhip.com/ our “Website”), including its services and ; (ii) your privacy rights; (iii) and how the law protects you and your privacy rights.

For the purposes of Our Website and the UK, EU general Data Protection Regulation (hereinafter, “GDPR”), You may be referred to as the data subject or as the user as you are the individual using our Website. The Company is the data controller or legal entity which alone or jointly with others determines the purposes and means of the processing of any information relating to You, such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity (hereinafter, “Personal Data”).

Please review the privacy policy for those sites, as they vary from Our Website. Please note that We do not share information collected from one brand’s website to another brand’s website.

We use your personal data to provide and improve Our Website and the products purchased on Our Website.

By using Our Website, you agree to the collection, use, retention, and disclosure of your personal information in accordance with this Privacy Policy.

This Policy only pertains to the Website identified above, and for visitors and/or purchasers located the United Kingdom (the “Territory”. If you are residing outside this Territory, please visit another one of our websites for your location/jurisdiction. By continuing to use this Website, you are representing to us that you are resident in the Territory and intend for us to rely thereon.

Children's Privacy

Our Website is not intended for anyone under 18 years of age (the “Minimum Age”). Our Website and the services, content, information and programs provided or made available on and/or through Our Website may not be accessed or used by any individuals who are not at least the Minimum Age. No one under the Minimum Age may provide any information to Our Website. We do not knowingly collect Personal Data from anyone under the Minimum Age. If you are under the Minimum Age, You are strictly prohibited from the following:

using or providing any information on Our Website

registering for an Account with Our Website

making any purchases through Our Website

providing any information about You to us, including but not limited to Your

name

address

telephone number

email address

any username

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

If We learn We have collected or received Persona Data from a person under the Minimum Age without verification of parental consent, We will delete such personal information. If You believe We might have any information from or about anyone under the Minimum Age, please contact Us through the contact information below.

Links to Other Websites

Our Website may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Collection of Your Personal Data

Types of Data Collected

Personal Data

While using Our Website, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

First name

Last name

Phone number

Address, State, Province, ZIP/Postal code, City

data collected automatically, either generated by the use of Our Website or from Our Website infrastructure itself (for example, the duration of a page visit) (hereinafter "Usage Data")

Usage Data

Usage Data is collected automatically when any device—such as a computer, a cell phone or a digital tablet (hereinafter, “Device”)—can access Our Website. By way of example, but without limitation, Usage Data may include information such as

Your Device's Internet Protocol address (hereinafter, “IP address”)

browser type

browser version

the pages of Our Website that You visit

the time and date of Your visit

the time spent on those pages

unique device identifiers and other diagnostic data.

We may collect certain information automatically, including, but not limited to

the type of mobile device You use

Your mobile device unique ID

the IP address of Your mobile device

Your mobile operating system

the type of mobile Internet browser You use

unique device identifiers and other diagnostic data

We may also collect information that Your browser sends whenever You visit Our Website or when You access Our Website by or through a mobile device.

Methods of Data Collection

We may collect both Personal Data and/or Usage Data on or through Our Website about You. By way of example but not limitation, this includes information We collect

directly when You provide it to Us (see section Information You Provide to Us below)

through Your use of Our Website and links You interact with

from third parties (e.g., our Service Providers)

when You interact with Our social media pages and/or accounts (which use is also subject to the privacy policies of the Service Provider upon which such page or account is hosted)

when You register for an Account

automatically as You navigate through our Website (see sections Cookies and Tracking Technologies below)

Information You Provide to Us

We may collect Personal Data and/or Usage Data that You provide to Us. By way of example but not limitation, this includes

information that You provide by filling in forms on Our Website, including, but not limited to, information provided at the time of
- registering for Account with Our Website
- signing up for one of Our newsletters or mailing lists. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
- entering a giveaway or promotion sponsored by Us
- reporting a problem with Our Website
records and copies of Your correspondence (including email addresses) if You contact Us

information provided through email, text message, and postal mailing list sign ups;

your responses to surveys that we might ask you to complete for research purposes; and/or

your search queries on our Website.

You also may provide information to be published or displayed (hereinafter “posted”) on the Company’s social media accounts, including, without limitation, via its

The proper access and use of information provided on or through Our Website, including User-Generated Content, is governed by Our Website Terms of Use (https://shop-uk.shankyswhip.com/pages/terms-of-use).

Cookies

We use Cookies to track the activity on Our Website and store certain information. Cookies are small files that are placed on Your Device and contain the details of Your browsing history on that website among its many uses. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of Our Website. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you direct your browser to Our Website.

By way of example but without limitation, this may include:

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of Your unique account created for You to access Our Website or parts of Our Website (hereinafter, “Account”). Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how Our users react to them.

Certain features of our Website may also use local stored objects (“Flash Cookies”) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Tracking Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns. By way of example but not limitation, pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

to fulfill or meet the reason you provided the information. For example, if You share your name and contact information to ask a question about Our products or services, We will use such information to respond to Your inquiry. If You provide such information to purchase a product or service, We will use such information to process Your payment and facilitate delivery. We may also save such information to facilitate new product orders or process returns

to provide, support, personalize, and develop Our Website, products, and services

to create, maintain, customize, and secure your Account with Us

to process Your requests, purchases, transactions, and payments and prevent transactional fraud

to provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our responses

to personalize Your Website experience and to deliver content and product and service offerings relevant to Your interests, including targeted offers and ads through Our Website, and via email or text message (with Your consent, where required by law)

to help maintain the safety, security, and integrity of Our Website, products and services, databases and other technology assets, and business

for testing, research, analysis, and product development, including to develop and improve our Website, products, and services

to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations

to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information about our Website users is among the assets transferred

in any other way We may describe when you provide the information

for any other purpose with Your consent

Disclosure of Your Personal Data

We may disclose Personal Data that we collect or that you provide as described in this Privacy Policy, by way of example but not limitation:

with Service Providers we use to support our business (e.g., to monitor and analyze the use of Our Website, to process payments for products purchased on Our Website), to contact You, etc.)

to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred (a “Business Transfer”)

to our subsidiaries and affiliates, including joint venture partners or other companies that We control or that are under common control with Us. We will require those subsidiaries and affiliates to honor this Privacy Policy

when You share personal information or otherwise interact in the public areas with other users, whereby such information may be viewed by all users and may be publicly distributed outside

to comply with any legal obligation, court order, law, or legal process, including to respond to any government or regulatory request

to protect against legal liability

to prevent or investigate possible wrongdoing in connection with Our Website

to enforce or apply Our Website Terms of Use (https://shop-uk.shankyswhip.com/pages/terms-of-use) and other agreements You may enter into with Us pursuant to Your use and interaction with Our Website

if We believe disclosure is necessary or appropriate to invoke or protect the rights, property, or safety of the Company, Our customers, or others

to fulfill the purpose for which You provide it

for any other purpose disclosed by Us when You provide the information

with Your consent

We will not repurpose your information without prior notice to you, and without your consent to such new or additional purpose.

Retention of Your Personal Data

We retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. By way of example but not limitation, We will retain and use Your Personal Data and Usage Data to the extent necessary

to comply with Our legal obligations (for example, if We are required to retain Your data to comply with applicable laws)

to resolve disputes

to fulfill your orders and to respond to your order inquiries

to enforce Our legal agreements and policies

for internal analysis purposes

to strengthen the security or to improve the functionality of Our Website

Transfer of Your Personal Data

Your information, including Personal Data, is processed at [the Company's operating offices] and in any other places where the parties involved in the processing are located. It means that this information may be transferred to—and maintained on—computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country, unless the receiving party has contractually agreed to implement and maintain adequate controls in place including the security of Your data and other personal information.

Security of Your Personal Data

We have implemented reasonable measures designed with the intent to secure Your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. To the fullest extent allowed by law, any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on Our Website.

The safety and security of your information also depends on You. Where we have given You (or where You have chosen) a password for access to certain parts of our Website, You are responsible for keeping this password confidential.

Do not use the same password that You may use for other accounts or websites—either for personal or business use. Do not share Your password with anyone.

We urge you to be careful about giving out information in public areas of Our Website, such as message boards. The information You share in public areas may be viewed by any user of Our Website. If your password is compromised, please notify Us immediately at the address provided at the bottom of this Privacy Policy.

Detailed Information on the Processing of Your Personal Data

Your Personal Data that we maintained may be accessed by third-party companies or individuals employed by Us to maintain our Website, to facilitate Your purchases made on Our Website, to perform services necessary for Our Website or to assist Us in analyzing how our Website is used (hereinafter, “Service Providers”). For the purpose of the GDPR, Service Providers are considered Data Processors. These Service Providers collect, store, use, process and transfer information about Your activity on Our Website in accordance with their own respective privacy policies.

Some content or applications on the Website are served by third-parties, including application providers, including, without limitation the following:

Google Analytics (https://policies.google.com/technologies/partner-sites)

Facebook Pixel (https://pixel.facebook.com/about/privacy/)

Klaviyo (https://www.klaviyo.com/privacy/policy)

Shopify (https://www.shopify.com/legal/privacy)

TikTok Pixel (https://www.tiktok.com/legal/privacy-policy-us?lang=en)

Payment Information Collection, Processing, and Storage

We may provide paid products and/or services within Our Website. In that case, we may use third-party services for payment processing (e.g. payment processors).

We currently use Shopify Inc. (“Shopify”), an e-commerce platform for online stores and retail point-of-sale systems, to collect and process payments for purchases through our Website.

We do not store any payment card information entered through our Website, but we may receive information associated with your Payment Information (e.g., billing details). In connection with this service that Shopify provides to us, Shopify may collect and store your Payment Information and other personal information, in accordance with Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and Shopify’s Privacy Policy (We kindly encourage you to review Shopify’s Privacy Policy to learn about Shopify’s information collection and usage prior to making a purchase through our Website.

If you use a service provider to disperse funds (for example, ApplePay or PayPal) when making a purchase through our Website, the service provider’s use of your information is subject to the privacy policy and terms published by the respective service provider. We encourage you to review the terms of use and privacy policies of your particular service provider.

Note that if you register for an Account with our Website, we nevertheless do not store your payment information. For more information, please visit our Website Terms of Use (https://shop-uk.shankyswhip.com/pages/terms-of-use).

Sweepstakes, Surveys, Contests and Promotions

From time to time, We may request information from users via sweepstakes, surveys, contests and other promotions. Participation in these sweepstakes, surveys, contests or promotions is completely voluntary and You have a choice whether or not to disclose the requested information.

If You choose to participate, We may ask you for additional information, which may include contact information and/or demographic information to provide better services and options to You. We use the information You provide to administer Our sweepstakes, surveys, contests and other promotions, in addition to the purposes set forth herein.

If the information You provide pursuant to a sweepstake, survey, contest or promotion will be used in a manner different from that described in this Privacy Policy, such use will be detailed in the instructions for such sweepstakes, survey, contest or promotion and You will be asked to first consent to such use.

If You choose not to consent, We will not use Your information other than for that particular sweepstakes, survey, contest or promotion.

GDPR Privacy Policy

Legal Basis for Processing Personal Data under GDPR

By way of example but not limitation, we may process Personal Data under the following conditions:

Consent. You have given Your consent for processing Personal Data for one or more specific purposes.

Performance of a contract. Processing Personal Data may be necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

Legal obligations. Processing Personal Data may be necessary for compliance with a legal obligation to which the Company is subject.

Vital interests. Processing Personal Data may be necessary to protect Your vital interests or of another natural person.

Public interests. Processing Personal Data may be related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

Legitimate interests. Processing Personal Data may be necessary for the purposes of the legitimate interests pursued by the Company.

In any case, We will gladly help to clarify the specific legal basis that applies to the processing.

Your Rights under the GDPR

The Company respects the confidentiality of Your Personal Data and guarantees Your rights.

You have the right under this Privacy Policy, and by law if You are within the [UK][EU] to:

Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your Account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.

Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to Our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of Our Website.

Exercising Your GDPR Data Privacy Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Website, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.