XVIII. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

• Users purchasing items do so at their own risk; we are not responsible for any injuries caused by our products when used outside of their intended purpose.

• All images remain the sole property of Rusty Sparrow Design and may not be used without our written permission. All designs are owned by Rusty Sparrow Design and may not be copied without written permission.

XIX. Privacy Policy

This privacy policy describes how your personal information is collected, used, and distributed when you visit or make a purchase from www.rustysparrowdesign.com.

PERSONAL INFORMATION WE COLLECT

When you visit the website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some cookies installed on your device. Additionally, as you browse the pages on the website, we collect information about the individual web pages or products that you view, the websites or search terms that referred you to the site, and information about how you interact with the website. We refer to this automatically collected information as “Device Information.”

We collect device information using the following technologies:

• Cookies are data files placed on your device or computer that often include an anonymous unique identifier. For more information about cookies and how to disable them, please visit http://www.allaboutcookies.org.

• “Log files” track actions occurring on the site and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.

• Tags and pixels are electronic files used to record information about how you browse the site.

• Additionally, when you make a purchase or attempt to make a purchase through the site, we collect certain information from you, including your name, billing address, shipping address, email address, and phone number. We refer to this information as “Order Information”.

When we mention “Personal Information” in this privacy policy, we are referring to both Device Information and Order Information.

HOW WE USE PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

• Communicate with you.

• Provide you with information or advertising relating to our products or services, as per your shared preferences.
• We use the Device Information that we collect to help us screen for potential risk (in particular, your IP address) and to improve and optimize our website (for example, by generating analytics about how our customers browse and interact with the site and to evaluate the success of our marketing and advertising campaigns).

SHARING PERSONAL INFORMATION & DATA RETENTION

When you place an order through the website, we will retain your Order Information, which is considered Necessary for our records, unless and until you ask us to delete this information. We share Personal Information considered Necessary with third parties to help us process and deliver your orders, as described above. The list of Personal Data processors considered Necessary by the online store operator for delivering orders received from you online includes: For example, we use the E-commerce platform provider “WordPress woo commerce” to provide our online store. You can read more about how ContentSpeed uses your personal information here: https://woocommerce.com/document/marketplace-privacy We also use Google Analytics to help us understand how our customers use the site.

• you can read more about how Google uses your personal information here: https://policies.google.com/privacy?hl=en-US

• you can read more about opt-out of Google Analytics here: https://support.google.com/analytics/answer/181881?hl=en

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or to otherwise protect our rights.

WE DO NOT TRACK

Please note that we do not alter our website’s data collection and use practices when we see a Do Not Track signal from your browser. In this case, only Necessary information for placing and processing an order will be used, not Statistical, Functional, or Marketing information (profiling).

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us.

Additionally, if you are a European resident, please note that we process your information to fulfill contracts we might have with you (for example, if you make an order through the website) or otherwise to pursue our legitimate business interests as listed above.

CHANGES

We may update this privacy policy from time to time to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us on our email: info@rustysparrowdesign.com