Privacy policy
This Privacy Policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website at www.ventyfan.com or our customers or potential customers, or other business partners or in any other cases where we specifically state that this policy will apply. This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.
WHO IS THE DATA CONTROLLER?
A “data controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In this sense, In Poor Taste LLC, Nevada, USA (“Venty”, “we”, “us”, “our”) is the data controller. If you have any questions about data protection at Venty in general, you can reach us by email using support@ventyfan.com.
WHAT IS PERSONAL DATA?
Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Data.
WHY DO WE HAVE A PRIVACY POLICY?
The Nevada Privacy Law (NRS 603) (“NPL”) and the EU's General Data Protection Regulation (“GDPR”) control how your Personal Data is used by us. We are also required to explain which Personal Data we collect from you via our website and shop, what we use it for, when we delete it and how your data is protected.
WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA
All Personal Data that we obtain from you via our website will only be processed for the purposes described in more detail below. This is done within the framework of the NPL and the GDPR and only if at least one of the following applies: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect the legitimate interests of our company, provided that your interests are not overridden.
WHAT PERSONAL DATA DO WE COLLECT FROM YOU?
a) Collection of access data and log files
When you visit our website, we collect the Personal Data that your browser automatically transmits to our server. This is technically necessary for us to display our website and to ensure its stability and security. In this sense, we collect the following data: i) IP address of the requesting computer, ii) Date and time of access, iii) name and URL of the file accessed, iv) website from which the access was made (referrer URL), v) browser used and, if applicable, the operating system of your device as well as the name of your access provider. The legal basis is our legitimate interest.
The hosting service used by us for the purpose of operating our website is Shopify In doing so Shopify, processes inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of our website and shop, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.
c) Content Management System and eCommerce system
We also use the Content Management System (CMS) and the eCommerce system of Shopify to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us by users for publication is transferred to Shopify. In addition to texts, this also includes, for example your data in our forms. The legal basis for this processing is our legitimate interest.
For the processing of personal data using cookies and similar technologies on our website, please refer to our Cookie Policy. The legal basis for the use of cookies is our legitimate interest or your consent when you agree to the use of technically non-essential cookies as further explained in our Cookie Policy.
e) Cookie consent
As set out in the NPL and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of technically non-essential cookies. For this purpose we use a cookie consent tool, to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.
f) Analytics
For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use Google Analytics, Shopify Analytics, Adobe Analytics and Klaviyo Analytics. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.
g) Fonts
We use Google Fonts by Google and Font Awesome of Fonticons on our website to display external fonts. To enable the display of certain fonts on our website, a connection to a Google/Font Awesome server is established when our website is accessed. The connection to Google/Font Awesome established when you call up our website enables Google/Font Awesome to determine which website sent your request and to which IP address the display of the font is to be transmitted. This represents a legitimate interest.
h) YouTube Videos
We have integrated videos from YouTube. The integration requires that YouTube can perceive the IP address of the user. The IP address is required in order to send the video content to the user's browser. If you click on a YouTube video on our website, your internet browser will be prompted to download a corresponding representation of the video and also places certain cookies. In this way, YouTube knows which specific sub-pages you have visited. The legal basis for the data processing is our legitimate interest and your consent.
i) Contact options
We process and store the Personal Data provided in the contact enquiry solely for the purpose of processing and responding to your enquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection and the message itself. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service and your consent.
j) Shopping with us
We process your first name, last name, e-mail address, billing and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. The legal basis for processing is the provision of a contractual service.
When you place an order and you give us Personal Data of a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.
k) User account
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.
l) Payment Data
If you make a purchase your payment data will be processed via our payment service provider ShopPay (Shopify) or PayPal. Payment data will solely be processed through the by you chosen payment service provider and their associated payment methods and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
m) Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving and accounting. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
n) Aggregated Data
We also collect, use and share aggregated data such as statistical or demographic data for any purpose including improving our website. Aggregated data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this privacy policy.
o) Judge.me
We use the rating functions of Judge.me to constantly improve our products, we offer our customers the opportunity to rate us via an independent portal, without us being able to influence this in any way. For this purpose, some data is transmitted to Judge.me. The integration is based on our legitimate interest, and we have no influence or control over the data collected and processed by Judge.me.
p) Promotional use of your data
We use your data (name and email address) within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers via email. In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g., to send you interesting offers and information about our products by post. This serves to protect our legitimate interests.
q) Newsletter
If you register for our newsletter, we use your email address to send you our email newsletter on a regular basis on the basis of your consent using the services of Klaviyo. Unsubscribing from the newsletter is possible at any time and can be done via the unsubscribe link provided in each newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data. The processing bases are your consent and our legitimate interest.
DISCLOSURES OF YOUR PERSONAL DATA
We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services including our fulfillment partner and our forwarders and couriers, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.
INTERNATIONAL TRANSFER
We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.
MARKETING
Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.
Our Marketing (c.f. Promotional use of your data and Newsletter above) generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
ADVERTISING
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.
We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website. The legal bases for processing are our legitimate interest and your consent in case of cookies. For further information, please refer to our Cookie Policy.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We will delete your Personal Data when we no longer need such Personal Data, for instance where:
● it is no longer necessary for us to retain your Personal Data to fulfill the purposes for which we had collected it;
● we believe that your Personal Data that we hold is inaccurate; or
● in certain cases where you have informed us that you no longer consent to our processing of your Personal Data.
Sometimes, however there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.
HOW WE SECURE YOUR PERSONAL DATA
We take appropriate organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we collect and process. However, no method of collection, storage, or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions.
SOCIAL MEDIA
We are present on social media and if you contact or connect with us via social media websites, we and the relevant social media website are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.
When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture).
Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. Please take care not to transmit or share sensitive data or confidential information (e.g., application documents, bank or payment data) via social media platforms; we recommend that you use a more secure means of transmission (e.g. e-mail).
LINKED SITES
For your convenience, there may be hyperlinks on our website that link to other websites. We are not responsible for, and this Privacy Policy does not apply to the privacy practices of any linked websites or of any companies that we do not own or control. The website links may collect information in addition to the information we collect.
We do not endorse any of these linked websites, their products, services, or any of the content on their websites. We encourage you to seek and read the Privacy Policy of each linked website that you visit to understand how the information that is collected about you is used and protected.
YOUR RIGHTS AND PRIVILEGES
a) Privacy rights
You can exercise the following rights:
● The right to access;
● The right to rectification;
● The right to erasure;
● The right to restrict processing;
● The right to object to processing;
● The right to data portability;
b) Updating your information and withdrawing your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.
c) Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
d) Complaint to a supervisory authority
If you believe that the processing of your Personal Data is not lawful, you can lodge a complaint with a data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach any supervisory authority.
● We do not request Personal Data from minors and children;
● We do not sell your Personal Data;
● We do not process special category data without obtaining prior specific consent; and
● We do not use Automated decision-making including profiling.
USA SPECIFIC PROVISIONS
The following applies to users located elsewhere in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations.
As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.
Further, the following also apply
i) “Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.
ii) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.
iii) CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.
iv) Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.
v) Controls For Do-Not-Track Features
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, our website does 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 policy.
vi) Right to complain
Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.
HELP AND COMPLAINTS
If you have any questions about this policy or the information we hold about you please contact us by email using support@ventyfan.com.
CHANGES
The first version of this policy was issued on Sunday, September 1st, 2024 and is the current version. Any prior versions are invalid and if we make changes to this policy, we will revise the effective date.
P2P SMS Terms and Conditions
- Consent to Receive Messages. By opting-in to Venty’s messaging program called "Venty", you consent to receiving marketing text messages (e.g. cart reminders from information collected via cookies) at the telephone number, including Short Message Service (SMS) messages. Venty has full control of its messaging program and reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.
- No Condition for Purchase or Services. Your decision to opt into Venty’s messaging program is not a condition of purchasing any good or service.
- Venty’s Terms of Use and Privacy Policy. By opting in, you accept and agree to be bound by Venty’s privacy policy and terms of use, and you consent to the processing of your information as set forth in those policies.
- Contact. If you have questions or comments, please reach out to Venty at support@ventyfan.com.
Messaging Information.
- Opt-In. To opt in, you may:
Enter your mobile phone number on a website form, you will then receive a text from +17259999948 where you may choose to opt-in to marketing messages. Message frequency varies.
- Rates. Carrier message and data rates may apply. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
- Opt-Out. To opt out, text "STOP", “UNSUBSCRIBE” to +17259999948. This is the only method for opt out. After opting out you will receive one additional message confirming that your request has been processed.
- Help. For help, text "HELP" to +17259999948.
Other.
- Carriers are not liable for delayed or undelivered messages.
