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Privacy Policy

This Privacy Policy and Security Statement (the “Privacy Policy”) applies to information received by Weatherman, LLC (“we” or “us”) and describes our privacy policy with respect to our practices for collecting, using, maintaining, protecting, and disclosing that data collected via our website (including our mobile application website, the “Site”). By using this Site, as a condition for using our Site and any services offered by us, you accept the practices described in this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes and application of New York law (except for certain residents of New Jersey as set forth in our Terms of Use).

This policy applies to information we collect:

  • On this Site.
  • Through our smart-umbrella and related products that wireless connect with Weatherman and our affiliates, agents and any third party vendors.
  • In email, text, and other electronic messages between you and this Site.
  • Through any mobile and desktop applications you that download from this Site or other third party websites, which provide dedicated non-browser-based interaction between you and this Site or our mobile application website.
  • We also may use tracking technologies to collect information or integrate and/or analyze information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some of the third-party vendor tracking technologies used by us include Pebblebee (Bluetooth tracker) and Dark Sky (weather data collection for our mobile application). We are using Pebblebee and Dark Sky to track information about you, but not re-transmitting data to Pebblebee and Dark Sky for their use.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site.

Age of Consent

Our Terms of Use require that for you to be using our Site, you are at least 18 years of age (or at least the age of majority in your state of residence), or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site. If this is not the case, please DO NOT USE OUR SITE OR USE OR BUY OUR PRODUCTS OR SERVICES.

Your Consent to our Information Collection

By accessing or using this Site, you agree to this Privacy Policy. You can review the most current version of the Terms of Use at any time at this page.

This Policy may change from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes on the Site, or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Site. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes to our Privacy Policy and the Terms of Use. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

How do you get my consent?

When you provide us with Personal Information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your Personal Information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at help@weathermanumbrella.com or mailing us at: Weatherman, LLC 109 S 5th St, Brooklyn, NY 11249, United States.

Please note that, in certain cases, we may continue to process your information after you have withdrawn consent and requested that we delete your information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping our Site and services safe and secure.

Information Collection

Personal information (“Personal Information”) is data that can be used to identify or contact a single person. By registering and using our Site, you will be providing us with different types of Personal Information.

In addition, we may collect certain information automatically including your Internet connection, the equipment you use to access our Site, activity on our Site, device type and settings, software used, browser type, operating system and your Internet protocol and other usage details (together with Personal Information, (“Information”).  

If we do combine non-personal information with Personal Information the combined information will be treated as “Personal Information” for as long as it remains combined.

We collect this Information and Personal Information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Site. We may collect this directly or through third-parties, including without limitation, Shopify which hosts our Site and online shop.  
  • Directly and automatically from you when you use our products and services, including without limitation our smart umbrellas.

Shopify. Our Site and online store is hosted on Shopify Inc., whom provides us with the online e-commerce platform that allows us to sell our products and services to you.   When you are visiting the Site, you are visiting a website hosted on the Shopify e-commerce platform, which is subject to its own terms and conditions and privacy policy.

Your data is stored through Shopify’s data storage, databases and Shopify’s own websites and its own third-party vendors providing storage, hosting and other services. They store your data on a secure server behind a firewall.  Accordingly, please review the privacy policy of Shopify, which provides additional information as to how your Information and Personal Information will be collected, tracked, sorted, analyzed and used.

You may be asked to provide your Personal Information anytime you are in contact with Weatherman, Shopify or any respective affiliated company or third-party vendor. Each of Weatherman, Shopify and its respective affiliates may share this Personal Information with each other and use it consistently with this Privacy Policy and other applicable privacy policies.  We may also combine Personal Information with other information to provide and improve our products, services, content, and advertising.

You are not required to provide the Personal Information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

Weatherman’s use of Third Party Vendors (including Shopify) and your Information (including Personal Information). In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of each jurisdiction in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your Personal Information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our Site or are redirected to a third-party website or application, including the websites of some payment processors, you are no longer governed by this Privacy Policy or our Site’s Terms of Service.

Examples of Information and Personal Information Collected

  • When you create an registered user account, purchase a product or service, download a software update, contact us or participate in an online survey, or use our products and services, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information or any other information that may be defined as “personally identifiable information” under applicable law, each of which would also be considered “Personal Information”.
  • When you share your content with family and friends using our products and services, send gift certificates, products and services, or invite others to participate in our products, services or forums, we may collect the information you provide about those people such as name, mailing address, email address, and phone number.  We will use such information to fulfill your requests, provide the relevant product or service, build a customer database for our own business purposes or for anti-fraud purposes.

Information that We Track

As you navigate through and interact with our Site or use our products and services, we may use automatic data collection and tracking technologies to collect certain information about your equipment, browsing actions, and patterns, including, among other types of data:

  • Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site
  • Information about your computer and Internet connection, including your IP address, operating system, and browser type.

Your Personal Information from Third Parties

Behavioral Tracking. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

Email help@weathermanumbrella.com to opt out of behavioral tracking on this website.

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly

What We May Do Your Information

The information we collect directly or automatically is statistical data and may include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Site according to your individual interests.
  • Store information that may be useful for our system administration as well as to determine what feature sets or changes need to be made to update the Site to enhance efficiency or otherwise meet perceived user demands and needs.
  • Speed up your searches.
  • Recognize you when you return to our Site.

Subject to restrictions imposed by applicable law, we reserve the right to use your Information and Personal Information:

  • To present our Site and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices for any services that you are subscribing and paying for, if relevant.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Site or any products or services we offer or provide though it.
  • To allow you to participate in any interactive features on our Site.

 

  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

The information that we collect from you is also potentially commercially valuable to us in analyzing consumer behavior, and may be valuable for us to license to other third parties, subject to our Privacy Policy and restrictions imposed by applicable law.

Automatic Data Collection Technologies

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. 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 Site. 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 Site.

Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Pages of our the Site 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 Weatherman, 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).

We may integrate Personal Information collected by us with your Personal Information that we collect from you or other sources.

Mobile and Location-Based Services

Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacture

To provide location-based services on Weatherman products, Weatherman and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Weatherman computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Weatherman and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt-in to their location services.

Some location-based services offered by Weatherman may require your personal information for some features to work or to fully function.

Sharing of Information with Vendors

We may share Information collected from you with our service providers, including without limitation, Shopify Inc., which is tracking Information and Personal Information for its own purposes, subject to its own Privacy Policy, and third-party service providers who provide us services such as website hosting, fulfilling customer orders, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, data analysis, for advertising and marketing purposes, payment processing, order fulfillment, customer research, information technology infrastructure, auditing and other similar services. These companies are obligated to protect your information and may be located in other places outside of where Weatherman operates.

Shopify, which hosts our online store, has its own privacy policy which should be reviewed carefully: https://www.shopify.com/legal/privacy

When We May Release Information

If you violate our Terms of Use, we reserve the right to disclosure your Personal Information, subject to the limitation of applicable law.

Generally, we may also release Information (including your Personal Information) if:

  • there is a criminal investigation, suspected illegal activity or in order to comply with any legal process, including requests from law enforcement, public and government agencies within or outside your country of residence, to enforce our Terms of Use and other agreements, and to protect customers and others.
  • we believe in good faith that disclosing this Information is otherwise necessary or advisable, including, for instance to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of Weatherman and our business partners and their respective affiliates, agents and licensors and licensees, another user or anyone else that could be harmed by such activities.
  • we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
  • we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our business activities, operations or users.
  • we are part of a reorganization, merger, or sale, in which event we may transfer any and all personal information we collect to the relevant third party.

Your Choices in How We Use Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to help@weathermanumbrella.com.

Promotional Offers from Weatherman. If you do not wish to have your email address or other contact information used by Weatherman to promote our own or third parties' products or services, you can opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to help@weathermanumbrella.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to Weatherman as a result of a product purchase, warranty registration, product service experience or other transactions.

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to help@weathermanumbrella.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI’s website.

International Users of our Site

Keep in mind that no matter where you live or where you happen to use our services, your Information may be shared, transferred to, stored and processed in the United States and in other countries outside of where you live. Our Terms of Use require that each user of our Site be a a legal resident of the United States, District of Columbia, Puerto Rico or any other United States territory or possession, and are at least 18 years of age (or at least the age of majority in your state of residence), or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.

The United States, European Economic Area Member States and those parties abiding by the Asian-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules System and other countries all have different laws. When your data is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live.   For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your data is in the United States, it may be accessed by government authorities in accordance with United States law.  

Do We Use Cookies?

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use our site. A cookie is a piece of data that a website you visit can set on your browser and device hard drive. Google will use the information on behalf of Weatherman for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing us with other services relating to website activity and internet usage. You may refuse the use of these cookies via the settings in your browser.

Here is a list of other cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

E-mail

Weatherman may send you e-mails based on Information provided by you, both online and through your transactions with us. These e-mails may come directly from Weatherman or from a company we have engaged on our behalf. You can opt-out of receiving marketing e-mail from Weatherman as described below in the section entitled “Declining E-mail.” When we send you e-mail, we may use your e-mail address to identify information about your receipt of the e-mail, including whether the communication was opened, how many times it was viewed and whether you clicked on an embedded hyperlink to reach a particular web page. This information is used to measure response rates to e-mail communications as well as enhance your Site experience. 

Declining E-mail

Weatherman provides all recipients with a means to decline receiving marketing e-mail. At any time, you may request to discontinue receiving e-mail from Weatherman by following the opt-out instructions included at the bottom of Weatherman’s marketing e-mail and informing us of your preference.

Read the Privacy Policies of Other Linked Internet Sites

You should be aware that other Internet sites to which you link to from this Site may contain privacy provisions that differ from the provisions of our Privacy Statement. Weatherman is not responsible for the privacy practices or content of other such sites. We encourage you to be aware when you leave our Site, to read the privacy statements of each and every website which you visit to determine their privacy practices and whether the site collects personally identifiable information. This Privacy Policy applies solely to Information collected by this Site, and not other third party websites.

Security

While Weatherman strives to protect Information and user privacy, no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee the security of any Information you disclose online. Such disclosure and transmission of Information is at your own risk, and may be lost, misused, accessed, disclosed, altered or destroyed. Once we receive your transmission, we use reasonable efforts to ensure its security on our systems, but we cannot guarantee the security of your Information or Personal Information, especially in modern times with so many cyber-attacks, hacking events and phishing scams that are directed at many companies storing personally identifiable information that are much larger than Weatherman. However, information received by us can be corrupted or inaccurate or not updated; we disclaim responsibility for the accuracy, completeness and any duty to update any Information (including Personal Information) that we have for you and we have no ability to fix this information which additional input from you. We limit the Information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities. We also encourage our partners and service providers to adopt and follow reasonable consumer privacy policies.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Third Party Advertising

We do not partner with or have special relationships with any ad server companies.

Accessing and Correcting Your Information

You can review, edit or delete Information you have shared with us by logging into the Site and creating a profile in the Shopify platform and reviewing and editing your account on the Shopify platform. Please note that we may need to retain certain Information for recordkeeping purposes or to complete any transaction that you began prior to requesting such change or deletion and that we cannot delete your Personal Information without also deleting your account, and that any requests to delete your Personal Information will not be fully effective without also deleting your profile on the Shopify platform, which is not subject to our control and is subject to Shopify’s Privacy Policy and procedures.

We will try to comply with all requests within a reasonable amount of time, but will not comply with requests if we believe the change would violate any law or legal requirement or cause the Information to be incorrect.   In addition, some of your Information may remain in cached or back-up storage even if you ask us to delete it or may have been copied or stored by third parties. We may also archive some or all of your Information as we believe may be required by law or for legitimate business purposes.

To comply with applicable law: (a) in certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information and (b) in certain circumstances, you also have the right to object to the processing of your personal information, to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.

Please note that if you do opt-out of receiving marketing-related e-mails from us, we may still send you messages for administrative or other purposes directly relating to your account or products or services purchased or subscribed to by you, and you cannot opt-out from receiving those messages.

Retention of Your Information

We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy or to maintain the services on our Site, unless a longer retention period is required or permitted by law. If you no longer want Weatherman to use your information to provide the Services to you, you may close your account. Weatherman will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, and enforce our agreements. In addition, Weatherman sellers may also be required to retain and use your information in order to comply with their legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

Assignment of Rights to Information

In the event of the sale, acquisition, or merger of Weatherman or of all or substantially all of its assets, and in the event of any other change of control, Information possessed by us about you may be transferred, sold or shared in connection with such transaction.

Your Privacy Rights - Special Notice to California Residents

Under California Civil Code Section 1798.83, California residents have the right to request and receive from us, once per year and free of charge, information about the Information we have disclosed (if any) to third parties for their marketing purposes during the previous calendar year, and a description of the categories of Information shared. To make such a request, please send an email to help@weathermanumbrella.com including the phrase “California Privacy Request” in the subject line, and provide us with your name, postal address and e-mail address.

Additionally, California law requires that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising.

Weatherman does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track singals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, Safari and other browsers may allow you to set the Do Not Track signl on your bowser so that third parties (particularly, advertisers) know you do not want to be tracked.

To learn about Do Not Track and for information about how to opt out of receiving targeted advertising, please click www.aboutads.info/choices.

Third parties that have content embedded on our Site or websites (including any mobile App website) such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific Weatherman website from a certain IP address. Third parties cannot collect any other personally identifiable information from our Site or other websites unless you provide it to them directly.

Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at help@weathermanumbrella.com or by mail at Weatherman, LLC addressed to:

Privacy Compliance Officer
Weatherman, LLC
109 S 5th St
Brooklyn, NY 11249

United States

In your complaint, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that Weatherman has not complied with its Privacy Policy.

Privacy Policy Amendments

From time to time, we may use customer Information for new, unanticipated uses not previously disclosed in this Privacy Policy. If our information practices change at some time in the future we will post the policy changes to our Site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your Information is used, you should check our Site periodically.

Last Updated: November 14, 2017