Privacy Policy

Last updated: January 2023

This privacy policy for THEDARKESTSEA.COM (“we”, “us”, “our”) outlines our ongoing obligations to you and your rights therein in respect to how we manage your Personal Information when you use our Service including this website, or any website of ours that links to this policy. It describes how we collect, store, use and/or share and dispose your information through visiting this site and when you engage with us through sales and marketing and affiliate links or when contacting us via this site.

If you do not agree with our policies and practices, please do not use this website. If you have any questions or concerns, please contact us via our Contact page.

This privacy policy was created with the use of Termly.

What is Personal Information and why do we collect it?

Personal Information is information that identifies an individual. Examples of Personal Information we may collect include: names, addresses, email addresses, phone numbers, IP addresses.

When you visit, use, or navigate our site, we may process personal information depending on how you interact with THEDARKESTSEA.COM, the choices you make, and the products and features you browse or use.

This Personal Information is obtained in many ways including information you provide to us when you complete the website contact form, by email, performance cookies via our website including the pages you visit, and from third parties. We don’t guarantee website links or the policies of authorised third parties.

We collect your Personal Information for the primary purpose of providing our content and information about our goods including where they can be purchased including the proper functioning of this website or to communicate with you to resolve inquiries or fulfilment of orders. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure, such as when your information is required to fulfil orders placed with our third party suppliers or for security and compliance with the law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so, which may include protecting the vital interest of an individual in the prevention of harm.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Information obtained through cookies are used to provide, improve, and administer the proper functioning of this website.

We do not collect sensitive personal information and we request that you do not provide it. If you have provided us with sensitive personal information, where identified, it is not collected and will be deleted.

You may request deletion of your information at any time by contacting us in writing.

Information automatically collected

Our third party providers, such as our web hosting provider and third party retailers linking via this site automatically collect certain information when you visit, use, navigate or link from the site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our site, and other technical information. This information is primarily needed to maintain the security and operation of our website, and for our internal analytics and reporting purposes.

Like many websites, we also collect information through cookies and similar technologies.

The information collected may include:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information servers automatically collect when you access or use our website and which are recorded in log files. Depending on how you interact with the website, this log data may include your IP address, device information, browser type, and settings and information about your activity in the website (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. Data such as information about your computer, phone, tablet, or other device you use to access the website. 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. Location data such as information about your device's location. How much information collected depends on the type and settings of the device you use to access the website. For example, GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address) may be used. 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.

Our third party providers may collect this data for the purpose of:

• Delivering targeted advertising to you. Your information may be processed to develop and display personalized content and advertising tailored to your interests, location, and more.

• Protecting their Services. Your information may be processed in order to keep the Services safe and secure, including fraud monitoring and prevention.

• Identifying usage trends. Information may be processed about how you use our site to better understand how it is being used so they can improve the underlying service.

• To protect an individual’s vital interest, such as to prevent harm.

We do not control automatically collected data via cookies or other means by our third party providers or web hosting provider, nor how they use your data. Therefore we disclaim responsibility for such collections and use. Individual policies for these providers can be found below. You should direct any questions you have to them. Should you not consent to their terms we request you discontinue use of our website.

The Cookie Policy of our web hosting provider can be read here: https://www.hostinger.com/cookie-policy

Please visit the individual website of our authorised Third Party Retailers for their Privacy and Cookie Policies.

Policy pertaining to the EU and UK

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.

• Fulfillment of a contract with you.

• Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:

- Analyze how our services are used so we can improve them to engage and retain users

- Support our marketing activities

- Diagnose problems and/or prevent fraudulent activities

- Understand how our users use our goods and services so we can improve user experience

- Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

- Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

In legal terms, we are generally the “data controller” under European data protection laws of the personal information described in this privacy policy, since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a “data processor” on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the “data controller” responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers' privacy practices, you should read their privacy policies and direct any questions you have to them.

Data Shared With Third Parties

We may share your data with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our authorized third parties, on the basis they safeguard your personal information. They commit to protect the data they process on our behalf. Please visit the website of our authorized third party providers for their individual Privacy Policies. The categories of third parties we may from time to time share personal information with are as follows:

• Data Analytics Services

• Data Storage Service Providers

• Order Fulfillment Service Providers

• Payment Processors

• Performance Monitoring Tools

• Social Networks

• User Authentication Services

• Website Hosting Service Providers

When you share personal information which includes opinion on a third party site relating to this site or its business (for example, by posting comments on Amazon, Apple ibooks or social networks such as Facebook, Instagram, Twitter, et al) such personal information may be viewed by all users including through Google and other search engines and may be publicly made available in perpetuity. If you interact with others about us, our website and link our website through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. We are not responsible for the information that you share upon third party platforms pertaining to us.

We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our site, but are not affiliated with us.

The website may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure, such as when placing an order for goods via this site or directly with that third party site; and

• Where required or authorised by law.

International Transfer of Personal Information

We use the servers of our website host provider. These servers are located in the United States. If you are accessing our website from outside this country, please be aware that your information may be transferred to, stored, and processed by these facilities and by those third parties with whom we may share your personal information, in Countries where Third-Party Servers are located, and other countries.

If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

Security of Personal Information

We have standard procedures in place to protect your Personal Information. Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. However, 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.

THEDARKESTSEA.COM does not process payments and therefore does not request, collect nor store your payment identifiers such as credit card details. THEDARKESTSEA.COM does not process payments made via authorised retailers of its goods therefore provides no warranty for the security of Personal Information provided through such transactions on third party websites. Please refer to those third party Privacy Policies and Terms of Use and contact them directly should you have any questions.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law. When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information immediately. We disclaim responsibility for inaccurate information stored by us as provided by you.

Information of Minors

We do not knowingly solicit data from children under 18 years of age. By using the website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the website. If we learn that personal information from users less than 18 years of age has been collected, we will 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 18, please contact us.

Your Rights and Access to your Personal Information

Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your Personal Information.

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

In order to protect your Personal Information we may require identification from you before releasing the requested information. We will consider and act upon any request in accordance with applicable data protection laws.

In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details form.

If you believe we are unlawfully processing your personal information, you have the right to complain. Complaints can be made via the Office of The Australian Information Commissioner via their website: https://www.oaic.gov.au/privacy/privacy-complaints. If you are located in the EEA or UK, or Canada you also have the right to complain to your local data protection supervisory authority.

If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details. However, 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.

Privacy Rights For Residents of California

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 using the Contact page.

We do not collect sensitive personal information. We only collect information you have directly provided to us.

More information about our data collection and sharing practices can be found in this privacy notice.

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider in order to fulfill our service to you. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research. This is not considered to be "selling" of your personal information.

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found in the body of this privacy policy.

We have not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months.

Right to request deletion of the data

You can ask for the deletion of your personal information. If you ask us to delete your personal information that has been directly collected by us, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Financial Incentives

"Financial incentive" means a program, benefit, or other offering, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information. We do not participate in financial incentive programs associated with your personal information.

Controls for Do-Not-Track

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.

Maintaining the Quality of your Personal Information

We will take reasonable steps to make sure that your Personal Information is accurate and complete. If you find that the information you have provided to us is inaccurate, please advise us as soon as possible so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and will be updated on our website.

If you have any queries or complaints about our Privacy Policy please contact us.

You may also contact us by completing the contact form via the Contact page.