Privacy Policy
Last Updated On 25-Nov-2024
Effective Date 25-Nov-2024
Cosmicks LLC (“we”, “our”, “us”, or “Cosmicks”) respects the privacy of its users and is fully committed to protect their personal data and use it in accordance with data privacy laws. Cosmicks LLC,
2093 Philadelphia Pike #7571,
Delaware
19703,
United States of America,
email: privacy@cosmicks.art.
This Privacy Policy describes how we collect, use, and process any personal data that we collect from you when you use our website https://cosmicksfreebies.art. By accessing or using our Services, you signify your understanding of the terms set out in this Privacy Policy.
If you are a California resident, please see Additional Disclosures for California Residents below.
If you are a resident of Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia, or any other state that enacts a materially similar privacy law to the states referenced, please see Additional Disclosures for Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia Residents below.
If you are a resident of the United Kingdom or the European Economic Area, please see Additional Disclosure for European Residents below.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We reserve the right to modify this Privacy Policy at any time. Any changes will be posted on this website, and significant updates will be highlighted. This Privacy Policy is reviewed and updated regularly to reflect changes in our practices or legal requirements. Users will be notified of major updates at least every 180 days, and the revised policy will take effect 180 days after publication. Continued use of this website after this period constitutes acceptance of the updated terms. We encourage periodic review of this page to stay informed.
-
Information We Collect:
We will collect and process the following personal information about you:
- Name
-
How We Use Your Information:
We will use the information that we collect about you for the following purposes:
- Marketing/ Promotional
If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
-
Cookies:
We use cookies to enhance your experience on our website. These cookies may be classified into the following categories:
· Essential cookies: These are necessary for the website to function and cannot be disabled.
· Analytics cookies: Used to collect data on user activity, including Google Analytics.
· Advertising cookies: These are used to deliver tailored advertisements to you.
You can manage your cookie preferences at any time by adjusting your settings via the cookie consent banner or through your browser settings. To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy. -
How We Share Your Information:
We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:
- Analytics
- Data collection & process
We share information with third-party services essential for analytics and marketing. Specifically, we use Google Analytics to track user behavior on our website, such as pages visited, time spent, and actions taken. If you prefer not to be tracked, you can disable Google Analytics cookies through your browser settings or by using the Google Analytics Opt-Out Add-On. Additionally, you can manage your cookie preferences at any time through the cookie consent management tool on this website. Also, we use ActiveCampaign to manage email marketing campaigns.
These services process data in accordance with their respective privacy policies. For more details, please refer to the Google Analytics Privacy Policy and ActiveCampaign Privacy Policy.
Users can manage their cookie preferences at any time.
· If you do not wish to be tracked by Google Analytics, they can disable analytics cookies through their cookie settings on this site or use browser add-ons, such as the .
· You can also opt out of receiving marketing communications from ActiveCampaign using the unsubscribe links provided in each email.
If you are a resident of a jurisdiction that grants additional legal rights, please see the applicable disclosure, including the following:
· Additional Disclosure for European Residents
· Additional Disclosures for California Residents
· Additional Disclosures for Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia Residents
We are committed to complying with applicable data protection laws and will only share personal data with Service Providers who have committed to comply with the obligations set out in such laws. -
Retention Of Your Information:
We will retain your personal information with us for 90 days to 2 years after users terminate their accounts or for as long as we need it to fulfill the purposes for which it was collected as detailed in this Privacy Policy. We may need to retain certain information for longer periods such as record-keeping / reporting in accordance with applicable law or for other legitimate reasons like enforcement of legal rights, fraud prevention, etc. Residual anonymous information and aggregate information, neither of which identifies you (directly or indirectly), may be stored indefinitely.
-
Your Rights and Choices:
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
1. Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
2. Right to Delete. You may have a right to request that we delete personal information we maintain about you.
3. Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
4. Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Your Choices in Connection with Our Services:
· Communications: You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link or emailing us at the email address set out in Contact Information below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions or servicing.
· Cookies and Tracking Technologies: See our Cookie Policy here for information about how to control cookies. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to browser “do not track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
· Analytics: We use Google Analytics to conduct analytics of our Service. We provide you with the ability to exercise certain controls and choices about how we collect, use, share, and store your information. Google also provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout.
Please note that you opt-out will only apply to the specific browser or device from which you opt-out.
· Legal Privacy Rights: You may have additional legal privacy rights under certain applicable laws, including but not limited to the California Consumer Privacy Act and other similar laws that may come into effect. For more information about your rights under these respective laws, please see the following sections where applicable:
· Additional Disclosures for European Residents
· Additional Disclosures for California Residents
· Additional Disclosures for Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia Residents
For more information about how to exercise applicable legal rights, please see the section titled How to Exercise Your Legal Rights Under GDPR, CCPA, or Heightened U.S. Privacy Laws below.
· Additional Disclosure for European Residents:
If you are a User or data subject related to a Merchant located in the European Economic Area or the United Kingdom, you have certain rights with respect to your personal data in accordance with Data Protection Laws in the European Union and the United Kingdom (collectively the “GDPR”).
1. Roles. GDPR distinguishes between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). In our case, we act solely as a controller of information.
2. Lawful Basis. The GDPR requires a “lawful basis” for processing personal data. Our lawful bases include where: (I) you have given consent to the processing for one or more specific purposes, either to us or to our service providers, partners, or customers; (II) processing is necessary for the performance of a contract with you; (III) processing is necessary for compliance with a legal obligation; or (IV) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, provided that your interests and fundamental rights and freedoms do not override our interests.
3. Data Transfers. All the information you provide may be transferred or accessed by our service providers for the provision of our products and services as described in this Privacy Policy. When we transfer your information globally, we take necessary measures to ensure appropriate protection of your information, including, as applicable, entering into the European Commission’s Model Clauses for the transfer of personal data to third countries (i.e., the standard contractual clauses) and any equivalent clauses issued by the relevant competent authority of the UK.
4. Your Data Subject Rights. If you are a data subject according to the GDPR, subject to certain conditions you have the right to:
· Right of access: You may request information about the personal data we hold about you.
· Right to rectification: You may correct any inaccurate personal data.
· Right to deletion: You may request the deletion of your personal data, as permitted by law.
· Right to restriction of processing: You may request that the use of your personal data be limited.
For more information about how to exercise applicable legal rights, please see the section titled How to Exercise Your Legal Rights Under GDPR, CCPA, or Heightened U.S. Privacy Laws below.
GDPR Complaints If you have a complaint about our use of your personal data or response to your requests regarding your personal data, please see the section entitled “Complaints” below.
To exercise these rights, please contact us at privacy@cosmicks.art. We will respond to your request within one month.
· Additional Disclosures for California Residents
All terms and phrases used under this section have the same meaning as those phrases are defined under the California Consumer Privacy Act and its implementing regulations, as amended (collectively, the “CCPA”).
Under the CCPA, California residents are afforded certain rights about the Personal Information (as such capitalized term is defined under the CCPA) we have collected about them, which we have described in more detail below.
We are a “business” under the CCPA. This section applies only to personal information we collect in our role as a business.
1. Notice at Collection. To learn more about the categories of personal information we collect about California residents, please see Information Collected About Users above.
For more information about how we use those categories of personal information, please see How We Use Your Personal Information above.
For more information about how we collect categories of personal information, please see How We Collect Your Data above and our cookies policy found here.
To learn more about how we disclose categories of personal information, and the categories of third parties with whom we disclose such information, please see Categories of Personal Information Disclosed and Categories of Recipients below.
To learn more about how long we keep your information, please see Retention Periods above.
2. Categories of Personal Information Disclosed and Categories of Recipients. The following disclosure describes the categories of information that we disclose to the categories of recipients of such disclosure. For more information about the third parties we disclose information to, please see Sharing Personal Data with Third Parties above.
· Service Providers. The type of data we share depends on the type of service provider. The below summary details the types of service providers and related information shared:
- Hosting and Online Services. We may disclose Identifiers, Device and Unique Identifiers, and Geolocation Data.
- Manufacturing Services. We may disclose Identifiers, Device and Unique Identifiers, and Geolocation Data.
- Email Service Providers. We may disclose Identifiers, Device and Unique Identifiers, and Geolocation Data.
- Analytic and Digital Marketing Providers. We may disclose Device and Unique Identifiers and Geolocation Data.
· Legal Advisors, Legal Process, and Protection. Any collected information identified in What Personal Information We Collect that is reasonably required to be disclosed and does not violate any legal or contractual obligation may be disclosed in accordance with such request and/or requirement.
· In a Business Transfer. We may disclose any of the information identified in What Personal Information We Collect in connection with a business transfer where it is necessary for legitimate interest including appropriate business purposes.
· Facilitating Requests. We may disclose or make appropriate information identified in Information Collected About Users to facilitate your requests reasonably in accordance with the CCPA. With respect to social networking requests, categories of information shared are Identifiers, Device and Unique Identifiers, Geolocation Data, and any applicable Content associated with the request.
3. Your Legal Rights Under the CCPA. If you are a California resident, the processing of certain personal information about you may be subject to the CCPA. Where the CCPA applies, this section provides additional privacy disclosures and informs you of key additional rights as a California resident. We will never discriminate against you for exercising your rights, including providing a different level or quality of services or denying goods or services to you when you exercise your rights under the CCPA.
· Right to Know Request. Under the CCPA, California residents have a right to request information about our collection, use, and disclosure of your personal information over the prior twelve (12) months, and ask that we provide you free of charge with the following information:
1. The categories of personal information about you that we collected.
2. The categories of sources from which the personal information was collected.
3. The purpose for collecting personal information about you.
4. The categories of third parties to whom we disclosed personal information about you and the categories of personal information that was disclosed (if applicable) and the purpose for disclosing the personal information about you.
5. The specific pieces of personal information we collected about you.
You may make a verifiable consumer request to know your personal information twice per twelve (12) month period.
· Right to Access. You have a right to access the personal information that we collected from you in accordance with the applicable law.
· Right to Delete Request. Under the CCPA, you also have a right to request that we delete personal information, subject to certain exceptions.
· Right To Correct. Under the CCPA, you have the right to ask us to correct, or make available a means to correct, the personal information we have collected about you, subject to certain exceptions.
· Right to Opt-Out of the Sale or Sharing of Personal Information. You may request that we not sell your Personal Information. Please note, however, that CCPA defines “sale” very broadly, and includes “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California consumer’s Personal Information by the business to another business or third party for monetary or other valuable consideration.” We use services that help deliver interest-based ads to you and may transfer Personal Information to business partners for their use. Making Personal Information (such as online identifiers or browsing activity) available to these companies is considered a “sale” under the CCPA.
You may also opt-out by using an opt-out preference signal, such as the Global Privacy Control (GPC) on your browser.
These rights may be limited in some circumstances. For more information about how to exercise your legal rights and limitations that may apply, please see How to Exercise Your Legal Rights Under GDPR, CCPA, or Heightened U.S. Privacy Laws below.
4. Notice of Disclosure for a Business Purpose. To learn more about the categories of personal information we have disclosed for a business purpose, and the categories of third parties with whom we’ve disclosed such information, please see How Do We Disclose Your Information above.
5. Notice of Use of Sensitive Personal Information. We do not use California resident sensitive personal information for any purpose other than is permissible under the CCPA. Specifically, we do not use sensitive personal information of California residents to derive characteristics about California residents.
· Additional Disclosures for Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia Residents
Under the state laws including the Colorado Privacy Act, Connecticut Data Privacy Act, Delaware Personal Data Privacy Act, Indiana Consumer Data Protection Act, Iowa Consumer Data Protection Act, Montana Consumer Data Privacy Act, Oregon Consumer Privacy Act, Tennessee Information Protection Act, Texas Data Privacy and Security Act, Utah Consumer Privacy Act, Virginia Consumer Data Protection Act, and other similar laws that may be enacted in the future (each a “Heightened U.S. Privacy Law”) applicable residents are afforded certain rights regarding the data we have collected about them. This notice describes how we collect, use, and share your Personal Data in our capacity as a “Controller” under such respective Heightened U.S. Privacy Law, and the rights that you have with respect to your Personal Data. For purposes of this section, “Personal Data” has the meaning given in the respective Heightened U.S. Privacy Law and do not include information excluded from such respective Heightened U.S. Privacy Law’s s respective Heightened U.S. Privacy Law general, personal data is information reasonably linkable to an identifiable person.
1. Notice of Collection. To learn more about the categories of personal information we collect about you and how we use it, please see Information Collected About Users and How We Use Your Data above. To learn more about the categories of third parties with whom we may share your personal information, please see How We Sharing Personal Data with Third Parties above.
In addition, we may collect and/or use additional types of information after providing notice to you and obtaining your consent to the extent such notice and consent is required by Heightened U.S. Privacy Laws.
2. Your Rights Under Heightened U.S. Privacy Laws. If you are a resident of a state with a Heightened U.S. Data Privacy Law, the processing of certain personal information about you may be subject to the respective Heightened U.S. Data Privacy Law. Where the Heightened U.S. Data Privacy Law applies, this section provides additional privacy disclosures and informs you of key additional rights as a resident of such state. We will never discriminate against you for exercising your rights, including providing a different level or quality of services or denying goods or services to you when you exercise your rights under the Heightened U.S. Data Privacy Law.
· Right to Access Information/Correct Inaccurate Personal Data. You have the right to request access to Personal Data collected about you and information regarding the purposes for which we collect it, and the third parties and service providers with whom we share it. Additionally, you have the right to correct inaccurate or incomplete Personal Data. You may submit such a request as described below.
· Right to Deletion of Personal Data. You have the right to request in certain circumstances that we delete any Personal Data that we have collected directly from you. You may submit such a request as described below. We may have a reason under the law why we do not have to comply with your request, or why we may comply in a more limited way than you anticipated. If we do, we will explain that to you in our response.
· Right To Correct. You have the right to ask us to correct, or make available a means to correct, the personal information we have collected about you, subject to certain exceptions.
· Right to Opt-Out of Sale of Personal Data to Third Parties. You have the right to opt out of any sale of your Personal Data by Cosmicks to third parties. We do not sell Personal Data to third parties for their own direct marketing purposes.
· Right to Portability. You have the right to request a copy of the Personal Data that you previously provided to us as a Controller in a portable format. Our collection, use, disclosure, and sale of Personal Data are described in our Privacy Policy.
· Right to Opt-Out of Targeted Advertising. You have the right to opt-out of Targeted Advertising based on your Personal Data obtained from your activities over time and across websites or applications.
· Right to Opt-Out of Profiling. You have the right to opt-out of having your Personal Data processed for the purpose of profiling in the furtherance of decisions that produce legal or similarly significant effects concerning you.
· Right to Appeal. If we decline to take action on any request that you submit in connection with the rights described in the above sections, you may ask that we reconsider our response by sending an email to privacy@cosmicks.art that you receive the decision. You must ask us to reconsider our decision within 45 days after we send you, our decision.
These rights may be limited in some circumstances. For more information about how to exercise your legal rights and limitations that may apply, please see How to Exercise Your Legal Rights Under GDPR, CCPA, or Heightened U.S. Privacy Laws below.
How to Exercise Your Legal Rights Under GDPR, CCPA, or Heightened U.S. Privacy Laws
If you are an applicable resident to whom the Data Protection Laws apply to, you may contact us to exercise your rights in accordance with the below procedures:
1. Requests to Know, Access and Delete Information. If the Data Protection Laws apply to you, you may exercise your right to know, access or delete information through any of the following means:
· Email Us: You may make a request by emailing us at privacy@cosmicks.art
2. Correction Requests. You can correct your information through the following means:
· Email Us: You may make a request by emailing us at privacy@cosmicks.art
4. Right to Opt-Out of Sale, Profiling, and Context-Based Behavioral Advertising.
The use of certain third-party providers and their cookies or other tracking technologies for such third parties’ commercial use or profiling or cross-context behavioral advertising must be capable of opt-out. However, as stated in this Privacy Policy, we do not sell or share your information to third parties for these purposes, and therefore, we do not offer any opt-out right.
If you believe that we are forwarding personal information to a third party and it is using it in a manner that exceeds such third party’s processing on our behalf as a service provider or processor (as those terms are understood under applicable law), please contact us at privacy@cosmicks.art so that we may look into the matter further.
5. Right to Portability. If you wish to receive your personal data in a machine-readable format, please contact us at privacy@cosmicks.art. We may provide you instructions on how to access your own information and download it yourself, or otherwise will work with you to provide you your personal data in accordance with applicable Data Protection Law.
If applicable Data Protection Law does not provide you with the right of portability, we may deny your request.
6. Authorized Agents. Residents of California, Colorado, and Connecticut may designate an authorized agent to submit a request on your behalf to access or delete your personal information. Use of an authorized agent must comply with the CCPA and Heightened U.S. Privacy Law as applicable, including that you must provide the authorized agent written and signed permission to submit such request. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf. We will still have to verify your identity directly with us in accordance with the applicable law.
7. Responding to Requests as a Controller or Covered Business. Once we receive your request, we will review it, determine whether we can verify your identity, and process the request accordingly within the timer period allowed under the applicable law. We aim to fulfill all verified requests within 45 days pursuant to the to the CCPA and most Heightened U.S. Privacy Laws, unless required to respond sooner. For example, if you live in Europe, we aim to respond within 30 days as required by law. If necessary, extensions as allowed under applicable law (generally for an additional 45 days) may be required and will be accompanied by an explanation for the delay.
Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by applicable law.
8. Responding to Requests to Processors or Service Providers. If your personal data has been processed by our service provider on our behalf and you wish to exercise any rights over those personal data, please contact us directly as your merchant. If you wish to make your request directly to our service provider, please provide our name as the merchant on whose behalf your personal data was processed. Our service provider will refer your request to us and will support us to the extent required by applicable Data Protection Law in responding to your request. -
Security:
The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
-
Third Party Links & Use Of Your Information:
Our website may contain links to other websites that are not operated by us. This Privacy Policy does not address the privacy policy and other practices of any third parties, including any third party operating any website or service that may be accessible via a link on the Service. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
-
Grievance / Data Protection Officer:
If you have any queries or concerns about the processing of your information that is available with us, you may email at privacy@cosmicks.art., or contact us at:
Cosmicks LLC
2093 Philadelphia Pike #7571
Claymont DE 19703
United States
We will address your concerns in accordance with applicable law.