Privacy Policy

WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on Ember Collective Breaks, express an interest in obtaining information about us or our breaks and Services, when you participate in activities on the Services (such as entering breaks or purchasing spots), or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with Ember Collective Breaks and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

 

* names

* email addresses

* mailing addresses

* usernames

* passwords

 

Sensitive Information. We do not process sensitive information.

Payment Data. We may collect data necessary to process your payment if you make purchases (such as break spots), including your payment instrument number and the security code associated with your payment instrument. All payment data is stored by PayPal (or other payment processors we use). You may find their privacy notice here: https://www.paypal.com/us/legalhub/privacy-full#personalData.

Application Data. If you use our application(s) or mobile site, we also may collect the following information if you choose to provide us with access or permission:

 

* Push Notifications. We may request to send you push notifications regarding your account, upcoming breaks, or certain features. You may turn these off at any time in your device settings.

 

This information is primarily needed to maintain the security and operation of our Services, for troubleshooting, and for our internal analytics and reporting purposes.

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.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate Ember Collective Breaks. 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 Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

The information we collect includes:

 

* Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as date/time stamps, pages viewed, searches, and actions taken).

 

HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with Ember Collective Breaks, including:

 

* To facilitate account creation and authentication and otherwise manage user accounts.

* To respond to user inquiries/offer support to users.

* To send administrative information to you (break updates, shipping info, policy changes, etc.).

* To fulfill and manage your break spots, orders, payments, and shipping.

* To send you marketing and promotional communications about upcoming breaks (you can opt out anytime).

* To deliver targeted advertising to you.

* To save or protect an individual’s vital interest, such as to prevent harm.

 

WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the EU or UK, this section applies to you.

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. Learn more about withdrawing your consent.

• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into 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:

  • Send users information about special offers and discounts on our products and services

  • Develop and display personalized and relevant advertising content for our users

• 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.

 

If you are located in Canada, this section applies to you.

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We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way

• For investigations and fraud detection and prevention

• For business transactions provided certain conditions are met

• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim

• For identifying injured, ill, or deceased persons and communicating with next of kin

• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse

• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province

• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records

• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced

• If the collection is solely for journalistic, artistic, or literary purposes

• If the information is publicly available and is specified by the regulations

 

WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

 

* Business Transfers. In connection with any merger, sale of company assets, financing, or acquisition.

* Business Partners. With partners who help provide breaks, shipping, or promotions (e.g., Whatnot, shipping carriers, payment processors).

 

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary, typically no longer than the period in which you have an active account with Ember Collective Breaks.

 

HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, 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. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

 

DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and delete the data. Please contact us at embercollectivebreaks@gmailcom.

 

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

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In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. 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 at embercollectivebreaks@gmailcom.

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We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent: 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 at embercollectivebreaks@gmailcom.

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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.

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Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us.  You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

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Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

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If you have questions or comments about your privacy rights, you may email us at embercollectivebreaks@gmail.com

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CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can enable to signal that you prefer not to have your online browsing activity monitored or collected. At this time, no uniform standard exists for recognizing or honoring DNT signals. Accordingly, Ember Collective Breaks 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 in the future that we are required to follow, we will update this privacy notice to inform you of the new practice.

 

DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

Yes. 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 the categories of personal information (if any) we disclosed to third parties for their direct marketing purposes, as well as the names and addresses of all third parties with which we shared personal information during the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit it in writing using the contact information provided at the end of this notice.

 

If you are under 18 years of age, reside in California, and have a registered account with Ember Collective Breaks, you have the right to request removal of unwanted data that you have publicly posted on the Services. To request removal, please contact us using the contact details below, include the email address associated with your account, and confirm that you reside in California. We will ensure the data is no longer publicly displayed on the Services, although it may not be completely or comprehensively removed from all systems (e.g., backups).

 

CCPA Privacy Notice The California Code of Regulations defines a “resident” as:

1. every individual who is in California for other than a temporary or transitory purpose, and

2. every individual who is domiciled in California but is currently outside the state for a temporary or transitory purpose.

 

All other individuals are considered “non-residents.” If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

You may contact us by email at embercollectivebreaks@gmail.com

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Ember Collective Breaks has not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Ember Collective Breaks will not sell or share personal information in the future.

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To exercise these rights, contact us at embercollectivebreaks@gmail.com

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We do collect the following:

1. Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name

2. Personal information categories listed in the California Customer Records statute (Name, contact information, education, employment, employment history, and financial information)

3. Transaction information, purchase history, financial details, and payment information

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We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;

• Participation in customer surveys or contests; and

• Facilitation in the delivery of our Services and to respond to your inquiries.

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How do we use and share your personal information?

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

You may contact us by email at  or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

 

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be &qout;selling&qout; of your personal information.

 

Ember Collective Solutions, LLC  has not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Ember Collective Solutions, LLC will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your rights with respect to your personal data

 

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, 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.

Right to be informed — Request to know

 

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;

• the categories of personal information that we collect;

• the purposes for which the collected personal information is used;

• whether we sell or share personal information to third parties;

• the categories of personal information that we sold, shared, or disclosed for a business purpose;

• the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;

• the business or commercial purpose for collecting, selling, or sharing personal information; and

• the specific pieces of personal information we collected about you.

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.

 

Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Right to Limit Use and Disclosure of Sensitive Personal Information

We do not process consumer's sensitive personal information.

 

Verification process​

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

 

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

 

Other privacy rights

• You may object to the processing of your personal information.

• You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.

• You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

• You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

 

To exercise these rights, you can contact us by email at embercollectivebreaks@gmail.com.

 

DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

Virginia CDPA Privacy Notice Under the Virginia Consumer Data Protection Act (CDPA):

"Consumer" means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context. "Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information. "Sale of personal data" means the exchange of personal data for monetary consideration.

If this definition of “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.

 

The information we collect, use, and disclose about you will vary depending on how you interact with Ember Collective Breaks and our Services. For more details, please refer to the relevant sections of this privacy notice.

 

Your rights with respect to your personal data

• Right to be informed whether or not we are processing your personal data

• Right to access your personal data

• Right to correct inaccuracies in your personal data

• Right to request deletion of your personal data

• Right to obtain a copy of the personal data you previously shared with us

• Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

 

Ember Collective Breaks has not sold any personal data to third parties for business or commercial purposes. Ember Collective Breaks will not sell personal data in the future belonging to website visitors, users, or other consumers.

Exercise your rights provided under the Virginia CDPA More information about our data collection and sharing practices can be found in this privacy notice. You may contact us by email at embercollectivebreaks@gmail.com, by submitting a data subject access request, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

 

Verification process We may request additional information reasonably necessary to verify you and your request. If the request is submitted through an authorized agent, we may need to collect additional information to verify your identity before processing the request. We will respond without undue delay, and in all cases within forty-five (45) days of receipt. The response period may be extended once by an additional forty-five (45) days when reasonably necessary, and we will inform you of any extension within the initial 45-day period along with the reason.

Right to appeal If we decline to take action on your request, we will inform you of our decision and the reasoning behind it. If you wish to appeal, please email us at embercollectivebreaks@gmail.com. Within sixty (60) days of receiving an appeal, we will inform you in writing of any action taken or not taken, including a written explanation of the reasons for the decision. If your appeal is denied, you may contact the Virginia Attorney General to submit a complaint.

You may contact us by email at embercollectivebreaks@gmail.com.

 

DO WE MAKE UPDATES TO THIS NOTICE?

Yes we review this document for annual review.

 

HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at embercollectivebreaks@gmail.com

 

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

To request to review, update, or delete your personal information, please fill out and submit a data subject access request or email at embercollectivebreaks@gmail.com.