privacy notice

Effective Date: November 18, 2020

I. Overview

The Enlivened Collective PBC (“The Enlivened Collective,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us. The Enlivened Collective LLC is the data controller of the personal data collected, and is responsible for the processing of your personal data.

This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our website with a home page located at www.theenlivenment.com, our products and services that we may offer from time to time via our website, or otherwise through your interactions with us (collectively, the “Services”).

Please review the following to understand how we process and safeguard personal data about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.

II. Personal Data We Collect

We collect personal data from and about you through the Services, including:

- Directly from you. When you provide it to us directly whether online, by email, phone, or in-person. For example, if you contact us with questions, requests, or complaints, or to exercise your legal rights, we collect personal data sufficient to answer your questions, address your requests, and/or handle your complaints, as applicable (including but not limited to email address, first and last name, country, and any other information you may optionally provide, such as telephone number). In certain situations, we may also require you to provide personal data to authenticate your identity in order to carry out your requests. You may also have the option to sign up for email notifications about us and/or other related entities through the Services by providing us with your email address. We also collect information from you that, depending on applicable law, may not constitute personal data.

- Automatically or indirectly from you. When you browse or use the Services, we utilize commonly-used logging and analytics tools to collect information about your device, the network used to access the Services, and information about your use of the Services (such as how you navigate and move around the Services). Information collected automatically includes the software and hardware attributes of the device you use to access the Services, unique device ID information, regional and language settings, performance data about the Services, network provider, and IP address (a number assigned to your device when you use the Internet). In addition, information is collected passively in the form of log files that record website activity. For example, log file entries and analytics data are generated every time you visit a particular page on our website, and track the dates and times that you use the Services, the pages you visit, the amount of time spent on specific pages, and other similar usage information, and general data (including the name of the web page from which you entered our website).

We also use certain technologies on the Services, including cookies and pixel tags, that allow us, our service providers, and other 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.

- From our service providers. For example, payment processors, commercial email providers, website hosting providers, security consultants, and other service providers we engage.

- From social media. In addition, if you choose to interact with us or our partners on social media by posting to our pages, tagging us (or using certain hashtags or other identifiers) in posts, or participating in activities, we may collect certain information from the social media account you use to interact with us, including the name associated with the account, the account handle, 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 posts and understand and engage with our audience.

You have choices about certain information we collect. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide any aspect of our Services, you may not be able to use those Services. In addition, as noted below in the section captioned “YOUR CHOICES” it is possible to change your browser settings to block the automatic collection of certain information.

Finally, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this notice.

III. How We Use Your Personal Data

We collect and process your personal data for the following purposes:

1. Providing, predicting, or performing, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.

2. Marketing our products and services to you, including sending you messages about the products and services we offer, which may include contests, rewards, events, and special offers for products and services.

3. Profiling and Automated Decision Making. Neither we, nor service providers on our behalf, engage in profiling or automated decision making activities that produce legal and/or similarly significant effects upon you.

4. Communicating with you by email, mail, telephone, and other methods of communication, about products, services, order status, and information tailored to your requests or inquiries.

5. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

6. Debugging to identify and repair errors that impair existing intended functionality.

7. Undertaking internal research for technological development and demonstration.

8. Undertaking activities to verify or maintain the quality or safety of the services controlled by us, and to improve, upgrade, or enhance the services controlled by us.

9. Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.

As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
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​III.I. Legal Bases for Processing

We process personal data for, or based on, one or more of the following legal bases:

- Your Consent. We may process personal data with your consent.
Performance of a Contract. We may process personal data to enter into, or perform under, the agreement between us, such as when you purchase our products or services.

- Legitimate Interests. We may process personal data for our legitimate interests, including improving service; providing information about our products and/or services; to the extent necessary and proportionate for the purposes of ensuring network and information security; and for administrative, fraud detection, and legal compliance purposes.

- Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.

​IV. Who We Share Your Personal Data With

We share personal data with the following categories of third parties:

- Our service providers, including payment processors, website developers, commercial email providers, security consultants, and other service providers we engage so that they may provide services to us or on our behalf.
- Our affiliated entities.
- Government agencies or regulators when permitted or required to do so 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 safety, and/or that of our users and others.

V. Your Rights Regarding Personal Data

You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Notice, or by following instructions provided in this Privacy Notice or in communications sent to you.

Your rights vary depending on the laws that apply to you, but may include:

- The right to know whether, and for what purposes, we process your personal data;
- The right to be informed about the personal data we collect and/or process about you;
- The right to learn the source of personal data about you we process;
- The right to access, modify, and correct personal data about you (see the “Accessing, Modifying, Rectifying, and Correcting Collected Personal Data” section below for more information);
- The right to know with whom we have shared your personal data with, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
- The right to withdraw your consent, where processing of personal data is based on your consent; and
- The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.
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​V.I. Accessing, Modifying, Rectifying, and Correcting Collected Personal Data

We strive to maintain the accuracy of any personal data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. 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 review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.

Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Services, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.
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​V.II. Your European Union Privacy Rights

In addition to the above-listed rights, European Union privacy law provides individuals with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data:

The right to object to decisions based on profiling or automated decision making that produce legal or similarly significant effects on you;
The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
In certain circumstances, the right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.

Note that we may need to request additional information from you to validate your request. To exercise any of the rights above, contact us at the information provided at the end of this Privacy Notice.

​VI. Your Choices

You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.
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​VI.I. Communications Opt-Out.

You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email) by following the opt-out link or other unsubscribe instructions provided in any email message received, or by contacting us as provided at the end of this Privacy Notice.

Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order confirmations, based on business transactions (e.g., e-commerce).

VII. Protecting Personal Data

We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.

​VIII. Retention of Personal Data

We retain personal data to the extent we deem necessary to carry out the processing activities described above, 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 safety, and the rights, property, and safety of our users and other third parties.

​IX. Other Important Information About Personal Data and the Services

IX.I. Collection of Personal Data from Children
Children under 18 years of age are not permitted to use the Services, and we do not knowingly collect information from children under the age of 18. By using the Services, you represent that you are 18 years of age or older.

IX.II. Third-Party Websites and Services
As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business. When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Notice does not apply to any third-party services; please refer to the privacy notices or policies for such third-party services for information about how they collect, use, and process personal data.

IX.III. Business Transfer
We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.

IX.IV. Do Not Track
We use analytics systems and providers that process personal data about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.

IX.V. International Use
If you are using the Services from outside the United States, by your use of the Services you acknowledge that we will transfer your data to, and store your personal data in, the United States, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States. Pursuant to Article 49 of the General Data Protection Regulation, we transfer data into and out of the European Economic Area because it is necessary for the performance of a contract.

X. Modifications and Updates to this Privacy Notice

This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.

XI. Applicability of this Privacy Notice

This Privacy Notice is subject to any agreements, including the Terms of Use that govern your use of the Services. This Privacy Notice applies regardless of the means used to access or provide information through the Services.

This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. 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.

XII. Additional Information and Assistance

If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at TheEnlivenedCollective@gmail.com.

If you are located in the European Union or European Economic Area, and you wish to raise a concern regarding our use of your personal data, you have the right to do so with your local supervisory authority.