PRIVACY POLICY

 

MEPHISTO

Privacy Policy

Mephisto USA, Inc. (“Mephisto,” “we,” “us,” or “our”) oversees this website, Mephisto.com (the “Site”) and related services (collectively, our “Services”).  We have developed this Privacy Policy to inform our users (“user(s),” “you,” or “your”) about how we collect information in the course of providing our Services and conducting our business, how we use the collected information, and your rights with respect to any information we collect.  For clarity, this Privacy Policy is only applicable to our Site and Services, and not to any other website that you may be able to access therefrom, each of which may have different data collection and use practices. Please consult the policies of those websites to understand your data privacy rights on those websites.

Please read this Privacy Policy carefully. By using and accessing the Site and any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Site or our Services.

  1. Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

  1. How We Collect and Use Your Personal Information

To provide the Services, we collect personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

  1. What Information We Collect

We collect information about your use of the Site and Services, including but not limited to your IP address, online behavior, Internet connections, mobile, or other device computer equipment, sites or other destinations visited before and after using or accessing the Services, date/time stamps, the time of your visits, content viewed, ads viewed, and other similar information about traffic and usage, as you navigate to, through, and away from our Site, including other clickstream data.  We also collect personal information about you, and the types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term “personal information”, we are referring to information that identifies, relates to, describes or can be associated with you. Personal Information that we collect through the Services may include, but is not limited to, your first and last name(s), email, and any other information you provide to us. The following sections describe the categories and specific types of personal information we collect.

  1. Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

  • Basic contact detailsincluding your name, address, phone number, email.
  • Order informationincluding your name, billing address, shipping address, payment confirmation, email address, phone number.
  • Account informationincluding your username, password, security questions.
  • Shopping informationincluding the items you view, put in your cart or add to your wishlist.
  • Customer support informationincluding the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

  1. Information We Collect through Cookies

We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, pixels and similar technologies (“Cookies”). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

  1. Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Vendors who support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
  • When you visit our Site, open or click on emails we send you, or interact with our Services, we may collect personal information or behavioral information.
  • When you interact with our online advertisements on various platforms (including third-party advertising platforms like Google or Meta), we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies. And, third-party advertising platforms may collect and share to us your personal information or behavioral activity.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

  1. How We Use Your Personal Information

We may identify you from your personal information and merge or co-mingle personal information and non-personal information. Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to the following:

  • To fulfill or meet the reason you provided the personal information. For example, if you share your name and contact information to ask a question about our Services, we will use that personal information to respond to your inquiry. 
  • Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to you account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews. Relatedly, to establish and secure accounts to use the Services, check on your account status, and to validate your username, e-mail, password, and/or other login credentials.
  • To provide, support, personalize, and develop our Services, including without limitation, to conduct aggregate or research analysis and develop business intelligence that helps us to enhance, improve, evaluate, operate, protect, make informed decisions about, and report on the performance of our Services.
  • Marketing and Advertising.We use your personal information for marketing and promotional purposes, such as to send marketing, advertising, and promotional communications by email, text message, third-party messaging or platforms, or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.  Relatedly, we may use your information to deliver target and interest-based advertisements through the Services and to improve our advertising and marketing services.
  • Communicating with you. We use your personal information to provide you with customer support and improve our Services. We also communicate to provide promotional materials to you, where you have not expressed a preference otherwise, and to send you information and updates about the Services and any changes to relevant agreements, policies, or other terms, and to enforce such terms.
  • To work with our service providers, who perform certain business functions or services on our behalf.
  • Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately. We may se your information for risk management purposes, and to help maintain the safety, security, and integrity of our Services, databases and other technology assets, and business.

 

  • To comply with legal obligations, court orders, or in order to exercise any legal claim or to defend against any legal claim.
  • 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 held by us about our consumers is among the assets transferred.
  • As otherwise described to you when collecting your Personal Information.
  1. Cookies and Related Technologies

Like many websites, we use Cookies and similar technological devices to track how our users access and use our Services, to learn when and how users visit the Services, to make personalized features and other services available to users, to learn which terms are used, to learn which websites direct users to our Services, to compile and analyze aggregate statistics and trends, and to otherwise help administer and improve the Services. 

We also use Cookies to help display certain information on the Services and to improve your enjoyment and convenience when using or visiting our Services; for example, by remembering your contact and other information when you access or use the Services. We also use Cookies to facilitate login and access actions to enter a user account. 

  • We use strictly necessary Cookies, which allow users to access and use our Services, and which allow us to deliver our Services to users. For example, when a user uses our Services and logs in to his or her user account, we use Session ID Cookies and JavaScript to check Cookies. 
  • We use performance Cookies that allow us to track usage. This allows us to learn more about how users use the Services so that we make changes and improvements, as necessary.
  • We use targeting Cookies that measure the effectiveness of our advertising campaigns and to track sites users have visited so that we can measure the effectiveness of our advertising campaigns or incorporating a pixel from the third-party on our Site. Be advised that even if you have disabled certain cookies, certain advertisements may still be displayed to you through these third-party channels.

We may use cookies or web beacons to deliver content (such as ads relevant to your interests on our Services or on third-party sites).  We may use third parties to serve targeted ads to those similar to our customers or we may incorporate a pixel from a third-party onto our Site.

For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Opting Out. Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

We may disclose personal information to digital analytics and advertising services providers, and to other third parties. Under certain state’s law(s), these disclosures may be considered sales of personal information or the sharing of personal information for targeted advertising. If you do not wish to participate, you may notify us by using the contact information provided below, or you may choose to opt-out of preference-based advertising via third-party advertising networks, such as www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/ and following the opt-out process.  A couple of important notes about these tools: (1) they may includes all the advertising networks that we may work with and many that we do not; and (2) they may rely on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”) – an explanation of how Opt-out Cookies work can be found on www.aboutads.info.

Therefore, if you use different equipment, change web browser, or delete these Opt-out Cookies, you will likely need to perform the opt-out task again.  You may also seek to opt out by attempting to broadcast an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) on the browsers and/or browser extensions that support such a signal.  If you are not logged in when you visit our Site with such a signal, we may not recognize the signal as a request to opt-out of “selling” or “sharing” the information we have about you associated with your account because we have no way to associate your Opt-Out Preference Signal to your account.

Cookie-based opt-outs may not be effective on mobile interfaces, but some application users may opt-out of certain mobile advertisements through their device settings.  

We utilize Google Analytics to monitor your use of our Site and Services.  You can choose not to allow Google Analytics by visiting this site: https://tools.google.com/dlpage/gaoptout.

  1. How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

  • With corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities, which are required to treat the information in accordance with this Privacy Policy and to use the information only for the purposes described in this Privacy Policy.
  • With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping), and similar service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your personal information only for the purpose of performing services on our behalf.

 

  • With business and marketing partners, including Shopify, to provide services and advertise to you Our business and marketing partners will use your information in accordance with their own privacy notices.

 

  • With authorized third parties, who are parties directly authorized by you to receive the applicable Information, such as when you authorize a third-party application provider to access your account. The use of your Information by an authorized third party is subject to the third party’s privacy policy, and we are not responsible for any misuse by them of your Information. When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.

 

  • With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.

 

  • In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
  • As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence; and
  • Pursuant to your express consent.

User-Generated Content

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

Third-Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children’s Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

For clarity, we do not sell products or services for purchase by anyone under the age of thirteen (13).  In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Information from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).

Security and Retention of Your Information

While we endeavor to protect your Information, it is common knowledge that transmission of information via the internet is not wholly secure, and we cannot guarantee the security of your personal information, or any other information, transmitted to or through our Site or Services. Any transmission of personal information, or other information, is at your own risk. By using our Site and/or Service, you acknowledge and accept these risks. No security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.  For example, we retain the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Your Rights and Choices

Depending on where you live, you may have certain rights related to your personal information. In particular, residents of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia have (or will have, within the next three years) the following rights, except where and how otherwise indicated below. Please be aware that these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

  • Right to Access / Know.You have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information, subject to certain privacy and other limitations.
  • Right to Delete.You have a right to request that we delete personal information we maintain about you, subject to certain exceptions under applicable law.
  • Right to Correct.Except for residents of Iowa and Utah, you have a right to request that we correct inaccurate personal information that we maintain about you.
  • Right of Portability.You have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
  • Right to Opt Out of Sale or Targeted Advertising.You have a right to opt out of the sale of your personal information or the processing of your personal information for purposes considered to be “targeted advertising”, as defined in applicable privacy laws, except that:
    • If you are a resident of California, rather than a right to opt out of processing for targeted advertising, you have the right to opt out of the “sharing” of your personal information, which means the use of your personal information for cross-contextual behavioral advertising;
    • If you are under the age of 18 and are a resident of Delaware, we will not sell your personal information or use your personal information for targeted advertising unless you have opted in to such sales; and
    • If you are under the age of 16 and are a resident of California, Connecticut, Montana, or Oregon, we will not sell your personal information or use your personal information for targeted advertising unless you have opted in to such sales.
  • Right to Opt Out of Profiling. Except for residents of Iowa or Utah, you have a right to opt out of the use of your personal information for purposes of profiling with a legal or similar significance.
  • Right to Limit Use and Disclosure of Sensitive Personal Information.We will not process or use your sensitive personal information without your consent, except that:
    • If you are a resident of Iowa or Utah, we are not required to obtain your consent before processing your sensitive personal information; and
    • If you are a resident of California, we are not required to obtain your consent before processing, but you have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.
  • Right Not to Be Discriminated Against. You have the right not to be discriminated against for exercising any of your rights under applicable law. Please note, however, that we may be permitted to offer certain benefits in connection with your voluntary participation in certain incentives and loyalty, rewards, or similar programs. If we choose to do so, we will provide additional information about such incentives and programs.
  • Restriction of Processing:You may have the right to ask us to stop or restrict our processing of personal information.
  • Withdrawal of Consent:Where we rely on consent to process your personal information, you have the right to withdraw this consent.
  • Appeal:You have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
  • Managing Communication Preferences:We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise these rights where indicated on our Site or by contacting us using the contact details provided below. Note that we may choose to honor requests even where we are not legally obligated to do so, in our sole and absolute discretion. By honoring such requests, however, we do not assume, and hereby expressly disclaim, any obligation to honor such requests in the future.  

We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

International Users

Please note that we may transfer, store, and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call 615-771-5900 or email us at info@mephistousa.com, or contact us at 305 Seaboard Lane, Suite 328, Franklin TN 37067, United States.