Website Accessibility Policy
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PRIVACY POLICY

This privacy statement describes how Tipsy Elves collects and uses the personal information you provide on our website: www.tipsyelves.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.  Tipsy Elves respects your right to privacy. We may change or add to this privacy policy at any time without notice, so we encourage you to review it periodically. Tipsy Elves reserves the right to vary this policy from state to state as required by law. By purchasing our products or using our website, you consent to the collection, use and disclosure of your personal information in accordance with the following privacy policy.

Collection and use of personal information

We collect the following personal information from you

  • Contact Information such as name, email address, mailing address, phone number
  • Billing Information such as credit card number, and billing address
  • Unique Identifiers such as user name, account number, password
  • Preferences Information such as product wish lists, order history, marketing preferences
  • As is true of most websites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to

  • Fulfill your order
  • Send you an order confirmation and shipping updates
  • Send you requested product or service information
  • Send product updates 
  • Respond to customer service requests
  • Administer your account
  • Send you a newsletter or marketing communications
  • Respond to your customer service inquiries and requests
  • Improve our website and marketing efforts
  • Conduct research and analysis

Choice/Opt-out

You may choose to stop receiving our newsletter, marketing emails by following the unsubscribe instructions included in these emails or you can contact us at [email protected]  When you fill out one of our forms or other requests for information, you may start receiving catalogs from us. If you no longer wish to receive a catalog, please email us at [email protected]

If you wish to opt out of having your personal information shared with third parties for marketing purposes, e-mail [email protected] with the subject line “Personal Information Opt-Out Request” and your full name, e-mail address, and mailing address listed in the body. Note that it may take some time to process your opt-out request, and that promotional mailings using your personal information shared before your opt-out request may already be in process. As a result, you may continue to receive promotional materials for a period of time after submitting your opt-out request.

For further information and resources to opt out of interest-based advertising, visit www.networkadvertising.org/choices.

Information obtained from third parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Information sharing

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also combine the personal information you provide with other personal information available from other sources. This information will then be used to make our marketing efforts more efficient. We may further share this information with our third party service providers and marketers assisting us with marketing efforts.

We may also disclose your personal information in the following situations:

  • When required by law such as to comply with a subpoena, or similar legal process;
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • If Tipsy Elves is involved in a merger, acquisition, or sale of all or a portion of its assets, in which case you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information, or
  • If needed or requested by any other third party, but only with your prior consent to do so.

Paypal, Apple Pay, Afterpay and Google Pay

If you choose a third party payment method such as PayPal, Apple Pay, Afterpay or Google Pay ("Third Party Digital Payment Providers") to finalize and pay for your order, you will provide your credit card number and payment information directly to such Third Party Digital Payment Providers.  The privacy policies of such Third Party Digital Payment Providers will apply to the information you provide on their websites.

Cookies and other tracking technologies

We want you to be aware that certain online tools exist to help us serve and recognize you when you visit one of our websites. For your convenience, to help us personalize your experience or better serve your needs, we may receive and store certain types of information when you visit our website. You may be familiar with the term "cookies." These cookies may be placed on your computer when you visit our site. Cookies allow us to understand how users navigate to and around our website, view product pages, access content and make purchases.  We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

Web beacons

Our web pages contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

We use a third party to gather information about how you and others use our website. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our site is used.

Links to other websites

Our website includes links to other websites whose privacy practices may differ from those of Tipsy Elves. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at [email protected]

We provide two means for you to make a purchase on our site. You can either use our order form or a third party payment option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party payment option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at [email protected] We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Children

Pursuant to COPPA guidelines, we do not knowingly sell or ship any items ordered through this site directly to anyone who we know to be under the age of 13, nor do we collect any personal information from anyone we know to be under the age of 13. If you are under the age of 18, you should use this site only with the involvement of a parent or guardian, and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with personal information, we will use reasonable efforts to delete that person’s personal information from our system. You hereby agree that all information you provide us, including but not limited to age, will be truthful and correct.

User generated content

If you tag your social media post ("Post") with one of our promoted hashtags (e.g., #TipsyElves #TipsyTuesday #INSERTHASHTAG), you agree to the following:

You consent and grant to Tipsy Elves the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across Tipsy Elves digital properties (e.g., on Tipsy Elves branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve Tipsy Elves use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for Tipsy Elves use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.

You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.

You understand and acknowledge that your Post may be open to public commentary that is not under the Tipsy Elves direct control and does not necessarily reflect the views of Tipsy Elves. While Tipsy Elves may curate Posts, Tipsy Elves does not warrant their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider. Posts may be removed by Tipsy Elves at any time and for any reason.

The rights to Tipsy Elves’ information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than Tipsy Elves. Additionally, certain content displayed and contained within Tipsy Elves’ Pages is the original authorship of Tipsy Elves and is owned exclusively by Tipsy Elves. By being a User of or Posting on any of Tipsy Elves Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by Tipsy Elves or a third party, other than as provided herein.

You may request removal of any of your User-Generated Content by sending a removal request email to [email protected] Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.

Tipsy Elves respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may notify our designated copyright agent by mail at Tipsy Elves, 1041 Market Street #306 San Diego, CA 92101 USA ATTN: INTELLECTUAL PROPERTY DEPARTMENT or at [email protected] Please make sure to include the following information with your notification:

  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit Tipsy Elves to locate the material including a link to or URL for the material;
  • identification of the copyrighted work or a representative list of the works claimed to have been infringed;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • your name, address, telephone number, and email address, so that we may contact you if necessary;
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Additional policy information

Our website includes Widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g. subscription coupons, popup offers, etc). Personal information, such as your email address, may be collected through the Widget. Cookies may also be set by the Widget to enable it to function properly. Information collected by this Widget is governed by the privacy policy of the company that created it.

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

Correcting and updating your personal information

To review and update your personal information to ensure it is accurate, contact us at [email protected]

Choice of law / Jursidiction

This privacy policy, including all revisions and amendments thereto, is governed by the laws of the United States and the State of California, without regard to conflict or choice of law principles. All claims or actions arising out of or relating to this policy or this website shall be brought exclusively in the federal or state courts located in the County of San Diego, California, and you consent to jurisdiction and venue in such courts.

Contact information

You can contact us about this privacy statement by writing or email us at the address below:

Tipsy Elves
1041 Market Street #306
San Diego, CA, United States 92101
Email: [email protected]
Phone: 8775780702

California Privacy Rights (Shine The Light & CCPA)

Beginning January 1, 2005, under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2020 will receive information regarding 2019 sharing activities).

To obtain this information, please send an e-mail message to [email protected] with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.

The California Consumer Privacy Act (CCPA), effective January 1, 2020, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. If you would like more information about what personal information Tipsy Elves collects or would like to delete your personal information, please login to your account. If you would like to download the information we have on-file regarding your account, please select the “Download Your Personal Data” tab on the left navigation bar. If you would like to delete the information we have on-file regarding your account, excluding that which is used for the purpose(s) for which it was collected to fulfill your order and/or issue refunds, please select the "Delete Account" tab on the left navigation bar. Please note that we will only be able to provide specific information to those users that we can validate the information provided against what we have on file.