Privacy Policy

Posted as of July 24, 2023 

King Tide, LLC (“KT”) owns and operates this website (the “Site”).  This Privacy Policy applies to the collection of information on the Site.  

 1. Information We Collect.  This Site is powered by Shopify.  Please visit https://www.shopify.com/legal/privacy/customers  and https://www.shopify.com/legal/cookies for Shopify’s Privacy Policy and Cookie Policy, respectively.  Additionally, when you visit the Site, KT automatically receives and stores certain types of information including IP addresses, web pages viewed, and dates and times visited. We may also collect: 

 A. Information you provide.  KT may collect and maintain in perpetuity (or third parties with whom KT has contracted, may collect and maintain in perpetuity on KT’s behalf) information that you provide to us during your visit to the Site. For example, you may provide information to the Site when you purchase items from the Site.  As a result of those actions, you might supply us with personally identifiable information such as your name, address, phone number, e-mail address, personal shopping and product preferences, and payment information.  

 B. Device data.  We may collect data from the device you are using, including location data, what type of device it is, what operating system you are using, device settings, unique device identifiers, and crash data.  You also may give us permission to access your information in other services. For example, you may be able to link your Facebook, Instagram or Twitter account to the Site, which allows us to obtain information from those accounts (like your friends or contacts). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. 

  • Device attributes: information such as the operating system, hardware and software versions, browser type, app and file names and types, and plugins. 
  • Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots). 
  • Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs. 
  • Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers. 
  • Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos. 
  • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network. 
  • Cookie data: data from cookies stored on your device, including cookie IDs and settings. 

2. Use of Cookies, Log Files, Devices and Other Technology.   

A. Cookies.  KT may use “cookies” to collect or log certain information. A cookie is a small piece of information that a website stores on a personal computer and which it can later retrieve.  KT may also use cookies for informational purposes, for example, to store your preferences for certain kinds of products or to serve advertisements tailored to your preferences. If you are uncomfortable with the use of cookie technology, you may get more information on how to opt out of our cookies at any time by emailing service@kingtidegear.com.  Please note, if you use more than one type of browser, or more than one computer to access the Internet, you will need to opt out in each browser and on each device that you use. Certain types of KT services, however, could be dependent on cookies, and you may cause those services to be disabled by refusing cookies. 

B. Google Analytics.  Google Analytics collects information such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. We use the information we get from Google Analytics only to improve this Site, but in anonymous form. Google Analytics collects only the IP address assigned to you on the date you visit this site and assigns a user ID code, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google uses this information to analyze your use of the website, to generate reports about website activities for website operators and to provide further services related to website and internet use. Google may also share such information with third parties to the extent it is legally required to do so and/or to the extent third parties process data on behalf of Google. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy, as well as the Google Analytics Data Processing Agreement. Site usage is tracked using Google Analytics in accordance with their Privacy Policy. However, if you do not want your data to be used by Google Analytics, you may opt-out by installing Google Analytics Opt-out Browser Add-on. Data processing takes place in the United States and Google is self-certified under the EU-U.S. and Swiss-US Privacy Shield. You may deactivate Google Analytics with the help of a browser add-on if you do not want this website analysis. 

C. Shopify Audiences.  We may use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We may also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in. 

D. Opt-Outs.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.  Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/  

3. Online Tracking.  Please note that the Site does not support “Do Not Track” browser or mobile application settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.

4. Other Reasons We Collect Information about You and How.   

A, Website Usage.  KT or KT’s authorized service providers may observe activities, preferences, and transactional data (such as your IP address, browser type, and operating system) relating to your use of the Site. KT may use this collected or logged information in order to provide better service, to facilitate our customers’ use of the websites, to track usage of the websites, and to address security hazards. KT, or one of KT’s authorized service providers, may also use this information to track aggregate traffic patterns. We may use aggregated, statistical information to describe our customer audience, products and services, and to develop partnerships with third parties to offer products and services that we believe our customers find of interest. 

B. Online Transactions.  You may visit the Site without making a purchase, but if you purchase items, enter a sweepstakes or contest or use other special features that may be offered on the Site, you may need to provide us with certain information such as your name, address, phone number, and e-mail address. We may share your personal information with third parties or affiliates of KT, where it is necessary for us to complete a transaction or do something you have asked us to do. We may also use this information to assist you in creating and/or recovering a user ID and a password, to protect your account information and facilitate your use of special features or to complete a transaction.  

C. Using Public Areas of the Site.  Any information disclosed in public areas of the Site, is public information that may be viewed and collected by any party. We cannot control the use of information disclosed in social networking, chat rooms, reviews, or bulletin board portions of the Site. You should exercise caution when disclosing information, including photos or images, in public areas of websites and should refrain from disclosing personally identifying information. If you wish to use some of the public portions on the Site, we will direct you to first create a public ID, which is not your real e-mail address, before you can post information to the Site. KT reserves the right to remove any information at any time from the Site that we deem inappropriate or for any other reason. 

5. Data Sharing with 3rd parties. We do not sell your personally identifiable or non-personally identifiable information to third parties for any reason. We may share your personally identifiable and non-personally identifiable information with third parties, or affiliates of KT (i.e. Shopify) where it is necessary for us to complete a transaction or do something you have asked us to do, such as payment processing.  We may share your personally identifiable and non-personally identifiable information with third parties with whom we have contracted to perform services on our behalf.  All companies that act on our behalf are contractually obligated to keep the personal information we provide to them confidential and to use the personal information we share only to provide the services we ask them to perform. 

We may disclose personally identifiable and non-personally identifiable information about our customers as permitted or required by law, such as in connection with a subpoena or similar legal process, or in connection with a merger, acquisition, or bankruptcy. 

 6. Data Retention.  

A. Personal Data.  Personal data shall be kept for as long as is necessary for the purposes as described herein.  We may store personal data for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, regulatory or statistical purposes.  If you wish for us to cease storing your personal data, please email service@kingtidegear.com.  

B. Non-personally Identifiable Data.  KT is required to retain certain non–personally identifiable information collected from users of the Site, affiliated sites and non-affiliated sites in order to provide audited information to advertisers and auditors. As a result, ad reporting and delivery data is retained for as long as is necessary for these purposes.   Some of the ad reporting and delivery data may be aggregated for statistical purposes and retained indefinitely.  Certain aggregated, non-personally identifiable information including historical data and attributes collected by KT prior to an opt out election and which represent large numbers of users combined into aggregated statistical data and information shall be kept despite the fact that the user has opted out.  Some of the aggregated, non-personally identifiable information may be further aggregated for statistical purposes and retained indefinitely. 

Additionally, KT reserves the right to retain and use any information described in this Privacy and Security Policy as reasonably necessary to comply with all laws or regulations, regardless of any limitations set forth in this Policy. KT reserves the right to change its data retention policy and the new data retention policy shall apply to all data collected following such change. 

7. Automatic Decision Making.  If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.  We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.  Our processor, Shopify, uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. 

Services that include elements of automated decision-making include, temporary blacklist of IP addresses associated with repeated failed transactions (this blacklist persists for a small number of hours), and temporary blacklist of credit cards associated with blacklisted IP addresses (this blacklist persists for a small number of days). 

8. Security Practices.  Our internal data security policies restrict access to users’ personal information to authorized employees and contractors. Authorized employees and contractors may use our users’ personal information for KT business purposes only. Our employees and contractors are bound by KT policies that require them to maintain the confidentiality of our users’ personal information. Employees and contractors who violate these requirements are subject to disciplinary action, up to and including termination.  We maintain physical, electronic, and procedural safeguards that are designed to guard our customers’ personal information. For example, for the security of your online visit the Site, we may make use of firewall barriers, encryption techniques, and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, KT cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary, so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site. 

You should be careful to maintain the secrecy of your passwords and/or account information and be responsible about protecting your personal information and identity whenever you are online. 

9. Links to Third-Party Sites.  The Site may contain links to third-party sites, which are maintained by third parties. Please be aware that KT is not responsible for and cannot control the privacy policies of these other linked sites or their practices. We encourage you to read the privacy policies on these sites for applicable privacy practices relating to personally identifiable information you may choose to provide in interacting with these websites and the non-personally identifiable information collected through the use of cookies and other technologies collected via those sites because they may differ from KT’s privacy practices. 

10. The Site Is Not for Use by Children.  Children are not eligible to use the Site. We ask that minors (under the age of 18) only use the Site in conjunction with their parents or guardians.  If you learn that your minor child has provided us with personal information without your consent, please contact us. 

11. Mergers, Acquisitions, and Bankruptcy.  If KT should ever file for bankruptcy or merge with another company, or if KT should decide to buy another business or sell or reorganize part or all of KT’s business, KT may be required to disclose both the information you provide to KT and the information gathered by KT to prospective or actual purchasers and other parties. It is KT’s practice to obtain appropriate protections for information disclosed in these types of transactions. KT cannot, however, guarantee that KT’s Privacy and Security Policy will remain unchanged if KT is sold or merges with another company. 

12. Managing Your Privacy Choices.   

A. Updating Your Contact Preferences and Personal Information on the Site.  You have choices when it comes to how KT uses your personal information. You can choose not to receive communications from us by e-mail. If you elect not to receive information by e-mail, KT may continue to contact you as necessary to service your account. You can change your contact preferences at any time by emailing service@kingtidegear.com. Keeping your account information accurate and up-to-date is very important, so we can provide you with excellent service. If your account information is incomplete, inaccurate, or not current, please follow the instructions on the applicable KT Site to correct your account information online. If you need additional assistance, please contact KT customer service at service@kingtidegear.com.  Additionally, if you would like to request any changes as to what personal data we collect, please email us at service@kingtidegear.com.  

B. Deleting Your Information. You have the right to obtain the erasure of personal data without undue delay.  Please contact service@kingtidegear.com if you would like us to delete your personal data.  

C. California Residents. The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. 

You have the right to request that KT disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: 

  • The categories of personal information we collected about you. 
  • The categories of sources for the personal information we collected about you. 
  • Our business or commercial purpose for collecting or selling that personal information. 
  • The categories of third parties with whom we share that personal information. 
  • The specific pieces of personal information we collected about you (also called a data portability request). 
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: 
  • sales, identifying the personal information categories that each category of recipient purchased; and 
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 

 D. California Residents.  California residents have the right to:  

  • Know what personal information is being collected; 
  • Access the personal information that is collected within 45 days of request, and request it be deleted; 
  • Know whether your personal information is being shared, and if so, with whom; 
  • Opt-out of the sale of your personal information; and 
  • Have equal service and price, whether or not you choose to exercise your privacy rights. 

13. This Privacy Policy Applies to U.S. Customers.  If you are visiting our Site from outside of the United States, please be aware that you are sending information (including personal data) to the United States where our servers are located.  That information may then be transferred within in the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us.  These countries (including the United States) may not have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your personal data will at all times continue to be governed by this Privacy Policy.  In addition, such data may be stored on servers located outside your resident jurisdiction, which may have less stringent privacy practices than your own. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR. 

14. Contact Information.  If you have questions regarding your user account, our Privacy and Security Policy, your privacy choices, our Terms of Service, or any other topic, we are always happy to answer any questions or concerns you may have.  You may email us at service@kingtidegear.com or write us at King Tide, LLC, 7879 SE Sandshoal Way, Hobe Sound, FL 33455. 

YOU UNDERSTAND AND AGREE THAT KT’S LIABILITY REGARDING ANY DISPUTE OVER PRIVACY OR RELATED TO THIS PRIVACY AND SECURITY POLICY ARE HEREBY LIMITED AS SET FORTH IN THE KT SITE TERMS OF SERVICE.