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California Consumer Privacy Act

California Residents and Privacy
The California Consumer Privacy Act (CCPA; Cal. Civ. Code § 1798.100(a)) provides California residents rights to receive certain data regarding the “Personal Information” that S’well collects, uses, and shares, and requires all companies to provide “Do Not Sell My Info” links on their websites. The CCPA also provides California residents with rights to access, delete, and restrict the sale of certain Personal Information that S’well collects about them. California residents may also request certain information regarding third parties to whom S’well might have disclosed certain categories of personal information for direct marketing purposes by sending an email to [email protected] or by post to Milton & King, Privacy Team, 10516 Menchaca Rd #110, Austin, TX 78748 (Cal. Civ. Code §1798.83). Personal information under this California law means “any information that when it was disclosed identified, described, or was able to be associated with an individual.

Milton & King does not sell information that identifies its customers to anyone. Milton & King also does not disclose these types of personal information to third parties for their own purposes and we permit you to opt out of any disclosures of non-identifiable personal information. However, if you are a California resident and would like to inquire further, please contact us at [email protected]

European Union Residents’ Privacy Rights
If you are a resident of the European Union (“EU”) or the United Kingdom (“UK”), you may have certain additional rights, as detailed below. For purposes of this notice, “personal data” has the meaning ascribed in the EU General Data Protection Regulation, which can be viewed here.

1: PROCESSING BASES AND CONSEQUENCES
To process your personal data, we rely on the following legal bases:

  • For the performance of a contract we have with you (such as if you use our services to purchase a product from our Site, we’ll use your information to fulfill your order).
  • For compliance with a legal obligation to which we are subject (such as tax obligations and when we are obliged to comply with lawful requests from competent authorities such as law enforcement).
  • For the purposes of our legitimate interests (such as tailoring your experience on our Site and for fraud detection), provided that such processing does not outweigh your rights and freedoms.

The processing may also be pursuant to other applicable legal bases for data processing, especially provisions set out by particular Member State law. To the extent that a legal ground described above would not apply to processing of your Personal Information by us, we will seek your consent for such specific purpose in accordance with applicable law.

2: YOUR RIGHTS
To the extent a specific element of our processing of your Personal Information relies upon your consent, you may withdraw such consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

If you wish to object to the processing of your personal data on the basis of legitimate interest and no opt-out mechanism is available to you directly, please send your request to [email protected]

If you do not provide us with certain portions of your personal data, we may not be able to fulfill the requested purpose of collection, such as to respond to your queries or to provide our Site to you. However, unless otherwise specified, not providing your personal data will not result in legal consequences for you.

Additional data privacy rights:  Below please find information on additional rights you may have under applicable law:

  • Access: You may request that we confirm whether or not we are processing your Personal Information. If we are, you may request a copy of your Personal Information, which we will provide free of charge, together with information about the such processing, such as the purposes of the processing and the categories of Personal Information concerned. However, this is not an absolute right and the interests of other individuals may restrict your right of access. For further copies, we may charge a reasonable fee based on administrative costs. We may decline requests which are excessive, particularly if repetitive.
  • Rectification: You may edit some of your Personal Information in your Site account. You may also ask us to change, update or fix your personal data in certain cases, particularly if it’s inaccurate.
  • Erasure: You may request the erasure of your personal data.
  • Restrict Processing: You may ask us to restrict the processing of your Personal Information under certain circumstances, such as if your Personal Information is inaccurate or unlawfully held.
  • Data portability: You may ask for a copy of the Personal Information you provided to us in a structured, commonly used and machine-readable format and you may have the right to transmit this data to another entity.
  • Object: You may object to the processing of your Personal Information on grounds relating to your particular situation under certain circumstances, for example for direct marketing. If you have a right to object and you exercise this right, your Personal Information will no longer be processed for such purposes by us, unless there are overriding compelling legitimate grounds for the processing or as otherwise provided under applicable law.

Please note that these rights may be limited under applicable laws.

Please note that we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law.

3: International Users
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.  Your personal data may be transferred for processing and storage by Milton & King and our affiliates and third parties. By providing your personal data you consent to any transfer and processing in accordance with this Privacy Policy.

Changes To This Privacy Policy
This Privacy Policy will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us
If you have any questions about this Privacy Policy, please contact us at [email protected]  or Milton & King, Legal Department, 10516 Menchaca Rd #110, Austin, TX 78748

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