Privacy policy
Last updated October 11, 2026
This Privacy Policy and Notice for Topmost Brand LLC d/b/a Topmost ("we," "us," or "our"), describes how and why we might collect, store, access, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:
· Visit our website at topmostbrand.com or any website, mobile app, or service of ours that links to this Privacy Notice
· Use topmostbrand.com, An ecommerce website where customers can purchase products such as protein powders and electrolyte powders.
· Engage with us in other related ways, including but not limited to events or any marketing
TOPMOST operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience. TOPMOST is powered by Shopify, which enables us to provide the Services to you.
Questions or concerns? Reading this Privacy Policy and Notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at privacy@topmostbrand.com
For the purposes of this Privacy Policy, Partners means affiliates, service providers, licensors, vendors, manufacturers, distributors, or other third parties with which we have a business relationship.
Revisions to the Privacy Policy
Topmost reserves the right and may revise this Privacy Policy as features are added or modified, modifications to information management are made, or as laws change that may impact our obligations and/or services. We encourage you to review our Privacy Policy periodically. Your continued use of the Services following our posting and/or your acknowledgment of any revised Privacy Policy will constitute your acknowledgement of the revised Privacy Policy.
Applicability
This Privacy Policy is subject to our Terms and Conditions that govern your use of our Services. This Privacy Policy applies regardless of the means used to access or provide information through the Services.
Personal information that has been de-identified pursuant to applicable law or anonymized by us or others is no longer personal information and is not covered by the terms of this Privacy Policy.
We may use third-party providers whose services may also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that information is governed by their privacy statements. This Privacy Policy does not apply to information from or about you processed by third parties for their own needs acting as data controllers (including via their services, applications, websites or advertisements) as part of or associated with the Services. This includes, but is not limited to, Google, Shopify, Shop, PayPal, shipping partners, and social media pages. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices and under no circumstances are we responsible or liable for any third party’s compliance therewith.
1. WHAT CATEGORIES OF INFORMATION DO WE COLLECT?
We collect personal information that you provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal information you disclose to us:
- identifiers such as, name, email address, mailing address, billing address, account name, phone number, Internet protocol address, and other similar identifiers.
- personal information such as age or date of birth.
- precise and general geolocation data
- unique identifiers such as usernames and password
- any applicable personal preferences such as preferred name, types of SMS and/or email notifications you would like to receive from us, contact preferences
- authentication or contact data
- sensitive payment data to process your payment is you elect to make purchases, such as debit or credit card numbers and the security code associated with your payment method. Payment data is handled and stored by Shopify. You may find their privacy notice link(s) here: https://www.shopify.com/legal/privacy
Sensitive Information. We may process sensitive information.
All personal information that you provide to us must be accurate, truthful, and complete. You must notify us of any changes to such personal information.
Information from Third-Party Sources
· including service providers such as Shopify, PayPal, and Google, and through your interactions with us on social media websites.
if you elect to interact with or post us or our partners via social media, or participate in activities, we may collect certain information from the social media account you use to interact with us, including the name and account handle associated with the account, relevant recent activity, the content of any posts in which we are tagged, and other information that may be contained on your social media profile to allow us to respond to the post(s).
Information we automatically collect
Like most websites, we automatically gather certain information through logging and analytics tools, cookies, pixel tags, when you visit, use, or navigate the Services. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. We do not store this information for longer than reasonably useful to carry out its legitimate business purpose, or as legally required.
We also use certain technologies on the Services, including cookies and pixel tags, that allow us, our service providers, and third parties to store information locally on your device, identify your device, track your interactions with other sites or with our email campaigns, and track activity over time and across websites. We utilize commonly-used logging and analytics tools, including Google Analytics, Klaviyo, Facebook Pixel, and Shopify’s analytics tools, to collect information about your device, the network used to access the Services, and information about your use of the Services.
We also use certain technologies on the Services, including cookies and pixel tags, that allow us, our service providers, and third parties to store information locally on your device, identify your device, track your interactions with other sites or with our email campaigns, and track activity over time and across websites.
This automatically collected data may include data such as the IP address which is automatically assigned to your computer when you get on the Internet, the type of browser and operating systems you use, pages you visit on the Site, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Site, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs, applications, or third-party applications that recognize your computer and gather information about its online activity. In addition, information may be collected passively in the form of log files and third-party analytics (including but not limited to Google Analytics and Shopify’s analytics) that record website activity.
Like many websites, we also may collect information through cookies and similar technologies. You can find out more about this in our Cookie Notice: https://www.shopify.com/legal/cookies.
The information we collect also includes:
- Web Log and Usage Data. We maintain standard web logs that record data about all visitors and customers who use the Services. Web log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
- Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
- Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.
2. WHY DO WE COLLECT YOUR INFORMATION
We collect and use consumer personal information for the following business purposes:
· Provide you with information tailored to your requests
· Respond to inquiries
· Deliver services and products
· For marketing efforts
· Operating, maintaining, and improving the quality and security of the Services and such content, products and/or services as we may make available through the Services
· Customize the user experience on our website
· Send you email, SMS/text message and push notifications, in each case with your consent if such consent is required in accordance with applicable laws
· Communicate about services, products, order status, cart reminders and other matters
· Compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies
· For third-party carrier/shipping
· Protecting our rights, property, or health and safety, and the rights, property, and health and safety of our customers, users and other third parties
· For other purposes, as permitted or required by law.
3. HOW DO WE PROCESS YOUR INFORMATION?
We process your information for business operations including providing, improving, and administering our Services, communicating with you, providing information about our services and products, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process personal information for, or based on, one or more of the following: (1) our legitimate business purposes; (2) your explicit consent; (3) as necessary to perform a contract with you or to take steps at your request prior to entering into a contract; or (4) for compliance with legal obligations.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
- To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
- To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
- To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
- To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. We may process your personal information to send messages to you about us, our partners, and the products and services we offer, which may from time to time include contests, rewards, events, and special offers for products and services. These communications may be tailored based on the communications preferences you select when providing us with your information or your activity on the Services, such as an abandoned cart, and is based on your prior consent, if such consent is required in accordance with applicable laws. You can opt out of our marketing emails at any time.
- To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more. For more information see our Cookie Notice: https://www.shopify.com/legal/cookies.
- To post testimonials and reviews. We post testimonials and reviews on our Services that may contain personal information.
- To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
- To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
- To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
- To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
- To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
We may need to share your personal information in the following situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- With Our Partners. To allow our service providers to provide services to us and assist in carrying out your requests, and to our partners in aggregate, demographic form in connection with our marketing and business development efforts.
In addition, we may disclose information we maintain, including personal information: when permitted or required by law, in response to a request from a law enforcement agency or authority or any regulatory authority, and/or to protect the integrity of the Services or our interests, rights, property, or health and safety, and/or that of our customers, users, and others.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
Please visit our cookie policy to learn more and opt-out as permitted by applicable law. We may use cookies and similar tracking technologies (like web beacons and pixel tags) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, to help keep track of items you put into your shopping cart through the Services (including when you have abandoned your cart, to administer the Services, to evaluate the effectiveness of our marketing and advertising campaigns, to permit analytics providers to gather information about your visit to the Services, to gather broad demographic information about our users, and assist with basic site functions.
We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.
To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below.
Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice: https://www.shopify.com/legal/cookies.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
We will only retain your personal information for as long as it is necessary for the purposes which it is processed as set out in this Privacy Policy, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or health and safety, and the rights, property, and safety of our customers, users and other third parties.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. Personal information is protected using various physical, administrative and/or technical safeguards. However, despite our best safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment. we cannot warrant that information you transmit utilizing the Services is secure.
8. DO WE COLLECT INFORMATION FROM CHILDREN?
We do not knowingly collect, solicit data from, or market to children under 16 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 16 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 16 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 16, please contact us at privacy@topmostbrand.com
9. WHAT ARE YOUR PRIVACY RIGHTS?
Subject to applicable law, you have a variety of legal rights regarding the collection and processing of personal information. To the extent these rights apply to you under applicable law, you may exercise these rights by contacting us at the contact information provided at the end of this Privacy Policy. Please note that you should be prepared to provide additional information to identify yourself and authenticate your data subject requests.
Your rights vary depending on applicable law, but may include:
· The Right to Know: You may request information on what personal information we collect and disclose. You have a right to know what personal information we process about you. You may request information regarding whom we have shared your personal information with, what personal information has been shared, and for what purposes. You may learn the source of personal information about you we process, where we obtain that personal information from a source other than you.
· The Right to Delete: Subject to specific exceptions, you may request that we delete your personal information.
· The Right to Access, Modify, and Correct: You may access, modify, and correct personal information about you.
· The Right to Withdraw Consent: Where you have provided consent for processing, you have a right to withdraw such consent for processing. Please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
· The Right to Opt-out: You may opt out of the sale or sharing of your personal information, including cookies used for advertising purposes.
· The Right to Request Restriction: You may have a right to request restriction of processing of your personal information or object to such processing.
· The Right to Complain: Subject to applicable law, you may have the right to complain to a supervisory authority.
We endeavor to maintain accuracy of any of your personal information and will use commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is inaccurate. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please carefully review all of your information before submitting it to us, and please notify us as soon as possible of any updates or corrections.
Your California privacy rights
If you are a California resident, please see our California Privacy Statement BELOW for more information about certain legal rights.
Your Nevada Privacy Rights
Nevada law permits individuals who are Nevada consumers to request that their personal data not be sold, where “sold” is as defined under applicable Nevada law. This request may be made even if their personal data is not currently being sold. Requests are free of any charge and may be submitted to us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
Your Colorado, Connecticut, DELAWARE, Indiana, Iowa, Kentucky, Maryland MINNESOTA, Montana, Nebraska, new Hampshire, new jersey, Oregon, Rhode island, Tennessee, Texas, Utah and Virginia Rights
consumers located in Colorado, Connecticut, Montana, Oregon, Texas, Utah and Virginia, have certain rights regarding their Personal Data. This privacy policy describes how we collect, use, and share your Personal Data under the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“PDPOM”), the Delaware Personal Data Privacy Act (DPDPA), the Indiana Consumer Data Protection Act (INCDPA), The Iowa Consumer Data Protection Act (ICDPA), the Maryland Online Data Privacy Act (MODPA), The Minnesota Consumer Data Privacy Act (MCDPA), the Montana Consumer Data Privacy Act (“MCDPA”), the Nebraska Data Privacy Act (NDPA), the New Hampshire Data Privacy Act (NHDPA), the New Jersey Data Privacy Act (NJDPA), the Oregon Consumer Privacy Act (“OCPA”), the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA), the Texas Data Privacy Act (“TDPA”), the Tennessee Information Protection Act (TIPA), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”), and your rights with respect to that Personal Data.
Colorado, Connecticut, DELAWARE, Indiana, Iowa, Kentucky, Maryland, MINNESOTA, Montana, Nebraska, New Hampshire, new jersey, Oregon, Rhode island, Tennessee, Texas, Utah and Virginia residents may have some or all of the rights listed below. However, please note that these rights are not absolute. Accordingly, as permitted by law, we may decline your request. You may appeal any denial of your request by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
· Right to Access, confirm, and Portability: You have the right to access your Personal Data. You have a right to request/receive a copy of the Personal Data that we have collected about you.
· Right to Correct: You have the right correct inaccurate personal information about you.
· Right to Delete. Subject to certain exceptions, You have the right to delete the Personal Data that you have provided to us or that we have obtained about you.
· Right to Opt-out of Tracking for Targeted Advertising Purposes. You have the right to opt-out of certain tracking activities for targeted advertising purposes.
· Right to Opt-out of Profiling. In the case we process your Personal Data for profiling purposes as defined by applicable law, including the CPA, PDPOM, MCDPA, OCPA, TDPA, UCPA, and VCDPA, you have a right to opt-out of such processing.
· Right to opt-out of solely automated Decisions. Pursuant to applicable law, you have the right to opt-out of solely automated decisions that produce legal or similarly significant effects.
· Right to Non-discrimination. In accordance with the prohibitions under the cpa, PDPOM, MCDPA, OCPA, TDPA, UCPA, and VCDPA, You have the right to be free from discrimination.
· Right to appeal: in accordance with applicable law, you have the right to appeal our decision to deny a privacy request.
· Right to revoke: Subject to applicable law, you may revoke consent that was previously given.
· Provide consent for health, biometrics, or precise geolocation data. Subject to the tipa, you may have the right to opt-in/provide consent for our processing of this sensitive data.
You can exercise your rights, including withdrawing your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
Opting out of marketing and promotional communications: You may unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" any SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. Upon your opt-out, you will be removed from the marketing lists. However, we may still communicate with you. For example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
No mobile information will be shared with or sold to third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with third parties.
Account Information
If at any time you would like to review or change the information in your account or terminate your account, you can:
- Log in to your account settings and update your user account.
- Contact us using the contact information provided.
You may submit a request to terminate your account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. For further information, please see our Cookie policy.
If you have questions or comments about your privacy rights, you may email us at privacy@topmostbrand.com.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.
California law requires us to let you know how we respond to web browser DNT signals. However, because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.
11. EXERCISING YOUR RIGHTS
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information. You may submit a data subject request by emailing us at privacy@topmostbrand.com.
To exercise your Rights you must provide us with sufficient information to allow us to verify your identity and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.
Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to VERIFY YOUR IDENTITY.
Making a verifiable consumer request does not require YOU to create an account with us. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.
To exercise your privacy rights described above, please submit a verifiable request to us at privacy@topmostbrand.com.
Appeals
Pursuant to applicable US state data protection laws, you may have the right to appeal our decision if we decline to take action regarding your request. You may appeal by emailing us at privacy@topmostbrand.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.
Financial Incentives
we may offer a financial incentive and/or price or service difference to our customers related to the collection of personal information. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.
Under applicable law, "Financial incentive" means a program, benefit, or other offering, including payments to consumers as compensation, for the disclosure, deletion, sale, or sharing of personal information.
The law permits financial incentives or a price or service difference if it is reasonably related to the value of the consumer’s data. A business must be able to explain how the financial incentive or price or service difference is reasonably related to the value of the consumer’s data. The explanation must include:
- a good-faith estimate of the value of the consumer’s data that forms the basis for offering the financial incentive or price or service difference; and
- a description of the method the business used to calculate the value of the consumer’s data.
We may decide to offer a "bona fide loyalty program" under Colorado law, or a "financial incentive" under California law (e.g., price or service difference) in exchange for the retention, sale, or sharing of a consumer’s personal information.
If we decide to offer a financial incentive, we will notify you of such financial incentive and explain the price difference, as well as material terms of the financial incentive or price of service difference, including the categories of personal information that are implicated by the financial incentive or price or service difference.
IN GENERAL, we do not assign monetary or other value to personal information. However, in the event we are required by law to assign such value in the context of financial incentives or price or service differences that we offer, we have valued the Personal Information collected and used as being equal to the value of the discount code or financial incentive offered, and the calculation of the value is based upon a reasonable and good-faith estimate often involving the consideration of (i) the categories of Personal information collected (e.g., email addresses and phone numbers), (ii) the value of the discount offered, and (iii) the value of the total purchase (excluding taxes and fees). The disclosure of the value described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
If you elect to participate in the financial incentive you can withdraw from the financial incentive at any time by emailing us at support@topmostbrand.com or by referring to the contact details at the bottom of this document.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at privacy@topmostbrand.com or contact us by mail at:
Topmost
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801
USA
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Subject to applicable law, You have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. To request to review, update, or delete your personal information, email privacy@topmostbrand.com.
14. CALIFORNIA PRIVACY STATEMENT
This California Privacy Statement applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We have adopted this California Statement to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms that are defined in the CCPA and not defined here have the same meaning as the CCPA when used in this California Statement.
NOTICE AT COLLECTION
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated and/or de-identified data, and is not personal information.
Categories of Personal Information We Collect
The table below shows the categories of personal information we have collected in the past twelve (12) months. The table includes illustrative examples of each category and does not reflect the personal information we collect from you.
|
Category |
Examples |
Collected |
|
A. Identifiers |
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name |
Yes |
|
B. Personal information as defined in the California Customer Records statute |
Name, contact information, education, employment, employment history, and financial information |
Yes |
|
C. Protected classification characteristics under state or federal law |
Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data |
Yes |
|
D. Commercial information |
Transaction information, purchase history, financial details, and payment information |
Yes |
|
E. Biometric information |
Fingerprints and voiceprints |
No |
|
F. Internet or other similar network activity |
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements |
Yes |
|
G. Geolocation data |
Device Location |
Yes |
|
H. Audio, electronic, sensory, or similar information |
Images and audio, video or call recordings created in connection with our business activities |
Yes |
|
I. Professional or employment-related information |
Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us |
No |
|
J. Education Information |
Student records and directory information |
No |
|
K. Inferences drawn from collected personal information |
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics |
|
|
L. Sensitive personal Information |
Government identifiers, protected characteristics, precise geolocation |
Yes (limited to precise geolocation data as permitted by law) |
We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
Sources of Personal Information
We collect personal information from and about you from the following sources:
Directly from you, when you provide it to us directly.
Information we automatically collect through our operating systems and platforms. This may include automatically through logging and analytics tools, and as a result of your use of and access to the Services.
Third parties, including data analytics providers. These providers may provide web analytics and usage information to us through the use of cookies, pixels, and tracking technologies, such as Google Analytics, Facebook Pixels, and others.
Third-party Service Providers. These are providers that we have engaged to provide services to us, including services related to shipping, returns, customer support, fraud mitigation, and email marketing.
From other third parties. We collect information from third-party sources, including payment processors (such as PayPal), fulfillment providers, and social networks (through your interactions with us on social media websites).
How We Use and Share Personal Information
- To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
- To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
- To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
- To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. We may process your personal information to send messages to you about us, our partners, and the products and services we offer, which may from time to time include contests, rewards, events, and special offers for products and services. These communications may be tailored based on the communications preferences you select when providing us with your information or your activity on the Services, such as an abandoned cart, and is based on your prior consent, if such consent is required in accordance with applicable laws. You can opt out of our marketing emails at any time.
- To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more. For more information see our Cookie Notice: https://www.shopify.com/legal/cookies.
- To post testimonials and reviews. We post testimonials and reviews on our Services that may contain personal information.
- To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
- To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
- To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
- To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
- To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
- For other purposes, as required or permitted by law.
We will not use the personal information we have collected for material different, unrelated, or incompatible purposes without providing you with notice.
Sale or Sharing of Personal Information
We do not “sell” or “share” your personal information as these terms are defined under the CCPA. We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Within the last twelve (12) months, we have disclosed the following categories of personal information for a business purpose with the following categories of third parties:
· Identifiers
· Internet activity
· Geolocation data
· Commercial information
· Customer records
· Sensitive personal information
· Inferences
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.
Retention of Personal Information
We will only retain your personal information for as long as it is necessary for the purposes which it is processed as set out in this Privacy Policy, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or health and safety, and the rights, property, and safety of our customers, users and other third parties.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Your California Rights
The CCPA provides California residents with the following rights:
Right to Know: You have the right know about the personal information we collected, used, disclosed, shared and sold about you in the past 12 months. This includes a request to know any or all of the following:
· The categories of personal information collected about you;
· The categories of sources from which we collected your personal information;
· The categories of personal information that we have shared, sold or disclosed about you for a business purpose;
· The categories of third parties to whom your personal information was shared, sold or disclosed for a business purpose;
· Our business or commercial purpose for collecting, selling or sharing your personal information; and
· The specific pieces of personal information we have collected about you.
Right to Delete: You have the right to request that we delete the personal information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal information. Subject to applicable law, we may deny your request or may retain certain elements of your personal information.
Right to Opt-In to Financial Incentives: To the extent we offer financial incentives, you have the right to opt-in to and opt-out of financial incentives.
Right to Opt-Out/In: We do not sell or share your personal information for monetary or other compensation, You have the right to opt-out of the sale or sharing of your personal information. You also have the right to opt-in to the sale of personal information. We do not and will not knowingly sell and share the personal information of minors under the age of 16 without affirmative authorization.
Right to Non-Discrimination: You have the right to not being discriminated against for exercising your privacy rights under the CCPA.
Right to Correct: You have the right to correct inaccurate Personal Information about you.
Data Portability: You have the right to request a copy of personal information we maintain about you.
Right to Restrict or Limit the Use of Sensitive Personal Information: You have the right to restrict the use and disclosure of sensitive personal information to certain purposes related to the offering of goods or services as listed in the CCPA.
However, some of our Services may require your personal information. If you elect not to provide your personal information that is necessary to provide any aspect of our Services, you may not be able to use those Services.
How to exercise your California rights
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information.
To exercise your Rights you must provide us with sufficient information to allow us to verify your identity and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.
Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to VERIFY YOUR IDENTITY.
Making a verifiable consumer request does not require YOU to create an account with us. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.
To exercise your California privacy rights described above, please submit a verifiable request to us at privacy@topmostbrand.com.
OPT-OUT OF Tracking
We use analytics systems and providers, INCLUDING ad networks that process personal information about your online activities over time and across third party websites or online services. However, because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.
you may find information about how to opt out of Google Analytics and/or block or reject certain tracking technologies in our Cookie Policy.
Notice of Financial Incentives
we may offer a financial incentive and/or price or service difference to our customers related to the collection of personal information. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.
Customers who sign up for our emails may receive a coupon OR DISCOUNT code on their next purchase. You can opt-into receive this code by providing your email address and/or phone number. You have the right to withdraw your consent to participate at any time. YOU CAN UNSUBSCRIBE by clicking on the “Unsubscribe” link at the bottom of our marketing communications.
IN GENERAL, we do not assign monetary or other value to personal information. However, in the event we are required by law to assign such value in the context of financial incentives or price or service differences that we offer, we have valued the Personal Information collected and used as being equal to the value of the discount code or financial incentive offered, and the calculation of the value is based upon a reasonable and good-faith estimate often involving the consideration of (i) the categories of Personal information collected (e.g., email addresses and phone numbers), (ii) the value of the discount offered, and (iii) the value of the total purchase (excluding taxes and fees). The disclosure of the value described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
California "Shine The Light" Law
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided below.
Revisions to this California privacy statement
We reserve the right, at any time, to modify, alter, and/or update this California Statement, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Statement. Your continued use of the Services following our posting of any revised California privacy statement will constitute your acknowledgement of the amended California privacy statement.
Additional Information
If you have any questions or concerns about this California privacy Statement and/or how we process personal information, or would like to exercise any of the rights set forth above, please contact us privacy@topmostbrand.com or by mail at:
Topmost
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801
USA
If you need additional information regarding how users with disabilities can access this California privacy Statement in an alternative format, please contact us at support@topmostbrand.com