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Privacy Policy - Fracture

Privacy Policy

Effective Date: September 22, 2022

What Information Do We Collect?

  1. Personal Information - When you create an account with us, order, or use any of our products or services, we collect personal information. Personal information is any information that is considered personally identifiable, like your name, email address, phone number, physical address, or anything else not publicly available. Most of this information is used by our payment processors to facilitate your order, like your billing name, shipping address, credit card number and expiration date, etc. We also collect additional information when volunteered by the user, such as information provided in surveys, blog comments, and emails.

  2. Uploaded Images - We save every image uploaded to Fracture, and collect technical information about those images (like file size and aspect ratio). You will be able to view and re-use your uploaded image for new Fracture products by accessing your “My Photos” or “Reorder” pages. We do not collect any biometric (e.g. facial recognition) information from these images. Our printing and assembly process requires human involvement, so it is expected that your images will be seen by Fracture employees.

  3. Cookies - We use cookies to collect anonymous visitor information. Cookies are tiny segments of data that are stored on your hard drive. For more information about how they work, visit http://www.allaboutcookies.org/. Cookies make it possible for us to store the contents of your shopping cart, and recognize your browser when you visit. By doing this, we can personalize your experience and save you time during checkout. It is possible to prevent cookies from being used by your browser, but we suggest you keep them enabled to enjoy all the benefits of being a registered user. In some jurisdictions, we are not permitted to use cookies to collect Personal Information without your expressed consent. In such jurisdictions, we will seek such consent. This section assumes that you either do not reside in such jurisdiction or that you have expressly provides us with your consent.

  4. Authorized Third Parties

    • Non-Personally Identifiable Information – We work with a few third parties to monitor certain pages of our website for the purposes of reporting website traffic and other statistics. Where authorized by us, these third parties may use cookies and/or other monitoring technologies to compile anonymous statistics about our website visitors.

Use of Information

  1. General Use - We use your personal information for the following general purposes: to fulfill your requests for products and services, to improve our services, to customize the content you see, to contact you, and for internal business/administrative purposes. We may use your personal information to establish, develop, and preserve our business relationship respectively with you and other individuals with whom we deal.

  2. Uploaded Images - We store images uploaded to Fracture - and information about them - in order to provide products and services, improve our services, garner insights and information about our users, and to fulfill orders. We do not use this data in a manner that would identify you personally, other than to fulfill your product requests.

  3. When you decide to upload photos to Fracture and/or add an order to your shopping cart, whether signed in to an account or not, we will collect (1) photos that you upload, (2) the email address you provide, or (3) other personally identifying information provided by you (including without limitation, your name, address, or phone number).

  4. Titles, captions, categories, the location of photos, the date a file was created and other ancillary information (“metadata”) are not required to upload your photos; however, the image file you upload to Fracture may contain some or all of this metadata. You are solely responsible for removing such metadata from the photos you upload to Fracture.

  5. We may also use your photos in emails we send to you to help you retrieve orders added to your shopping cart that were not yet purchased. You can object to receiving these emails at any time through the unsubscribe link within such email or by contacting us directly at the address listed in “Questions and Suggestions” below.

  6. Public Profile - If you have created a public profile, the information in your profile will be publicly viewable and searchable. This means any user or visitor to the website may search the service and view your information. This information will also be searchable from third party search engines. If you do not want information to be publicly viewable, you should not include it in your profile.

  7. Referrals - If you use our referral program to refer Fracture to your friends, we will use their email addresses to send your referral. Please be assured that we do not use the email addresses that you enter through our referral service to send any type of direct marketing to your friends and family. However, we will retain such information in our systems and may use such information to verify whether such person ordered a product or visited the website or to contact such persons to follow up on your referral.

  8. Website Interaction - We use anonymous information, like pages, products or images that you've viewed, in order to analyze trends and provide a better website experience. We do not use this data in a manner that would identify you personally. See “Authorized Third Parties.”

  9. Promotions and Surveys - Every now and then, Fracture will invite customers to take part in surveys, promotions, contests and sweepstakes. The information we collect from these surveys, promotions, contests, and sweepstakes may be matched with individual customer accounts and used by Fracture to improve your overall customer experience, and may be shared with select third parties. We will not sell your personal information to any third party for direct marketing purposes.

  10. Location of Storage - Fracture is located in the USA, so personal information we collect may be transferred to and stored in our servers or those of third parties that act on our behalf (such as hosting providers) in the USA or elsewhere. By using our services you agree to such collection, transfer and storage.

  11. Business Transfers - If Fracture is acquired by another company, we may transfer your information in connection with that acquisition or sale and the acquiring company will possess the information (including your Personal Information) collected by us and it will assume the rights and obligations described in this Privacy Policy.

  12. Duration of Storage - Your personal information, including account preferences and order history, will be stored on our website for whatever duration is necessary to ensure that our records are accurate and complete. This information may persist in the form of comprehensive data backups after you delete your account as required by law and/or internal business purposes. However, Fracture does not operate as storage repository for all of your images. If desired, you should make your own backup and archival copies of any content, including images, that you upload to the website. We will not be liable to you for any loss of images or content.

  13. Compliance with Laws and Law Enforcement - We will access and disclose your Personal Information to government or law enforcement officials if such disclosure is necessary to comply with relevant laws, to respond to valid legal process such as a search warrant, subpoena, statute, or court order, or other requests by such government or law enforcement authorities, to protect the property and rights of Fracture, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

Sharing of your information

  1. In general, we will not sell, share or rent information about you in ways different from what is disclosed in this policy.

  2. We may share your personal information as follows:

    • With third parties to provide, maintain, and improve our services and website, including service providers who access information about you to perform services on our behalf;

    • With our affiliates and partners so that they may use such information for the purposes described in this privacy policy

    • With your consent; and

    • If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; to enforce applicable user agreements or policies; to protect the security or integrity of our website or services; and to protect us, our users or the public from harm or illegal activities

Access to Account Information and Preferences

  1. Editing Your Information - You have the right and ability to edit your member account information at any time by logging into your account and visiting the “Change Account Information” page.

  2. Changing Your Email Preferences - You can opt in or out of our marketing newsletter by following the instructions contained in the messages you receive. We do reserve the right to send you certain communications relating to the services Fracture provides, such as updates to our Terms of Service or Privacy Policy, service/product announcements, administrative messages, or special offers and promotions, which are considered part of your account membership. We do not offer you the opportunity to opt-out of receiving those messages.

  3. Access To Information - Upon request we provide customers with access to unique identifier information that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our website (e.g., emails, customer inquiries), and contact information (e.g., name, address, phone number) that we maintain about them. Registered users can also access this information at anytime through their account preferences and order history.

  4. Modifying/Deleting Your Account - If you have registered for an account, you may review, update, or correct your personal information by logging into your Fracture account and visiting the “Change Account Information” page. We will use our reasonable efforts to deactivate your account and delete your information from our publicly available service in a timely manner. We will also use reasonable efforts to delete data as requested if it is not required to be retained by law or for legitimate business purposes. However, you acknowledge and agree that your information and data may be retained in our backup systems indefinitely.

Your Privacy Rights

EU/EEA Citizens

The EU General Data Protection Regulation (GDPR) grants individuals who are in the European Union and European Economic Area (EU/EEA) the certain rights, with some limitations. We will establish a system to enable and facilitate the exercise of data subject rights related to:

  • Information access;

  • Objection to processing;

  • Objection to automated decision-making and profiling;

  • Restriction of processing;

  • Data portability;

  • Data rectification; and

  • Data Erasure

California Residents

The California Consumer Privacy Act (CCPA) provides California consumers with the right to request access to their personal data, additional details about our information practices and deletion of their personal information (subject to certain exceptions).  California consumers also have the right to opt out of sales of personal information, if applicable.   We describe how California consumers can exercise their rights under the CCPA below.  Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney.  Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal information.  We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected personal information.  We will not discriminate against you if you choose to exercise your rights under the CCPA.

You may request, no more than twice in a twelve (12) month period, access to the specific pieces of personal data we have collected about you in the last twelve (12) months.  You may also request additional details about our information practices, including the categories of personal information we have collected about you, the sources of such collection, the categories of personal information we share for a legitimate business or commercial purposes, and the categories of third parties with whom we share your personal information. You may make these requests by contacting using the contact information provided below in the “How to Contact Us” Section below.   After submitting your request, please monitor your email for a verification email.  We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

You may request, no more than twice in a twelve (12) month period, transportable copies of your personal information that we have collected  about you in the last twelve (12) months.  You may make these requests by contacting using the contact information provided below in the “How to Contact Us” Section.   After submitting your request, please monitor your email for a verification email.  We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

You may request that we delete the personal information we have collected about you.  Please note that we may retain certain information as required or permitted by applicable law.  You may make these requests by contacting us using the contact information provided below in the “How to Contact Us” Section below.  After submitting your request, please monitor your email for a verification email.  We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties.

Exercising Your Rights

If you would like to exercise above EU General Data Protection Regulation (GDPR) rights about your personal information we hold about you, or exercise any other data subject right available to you under California Consumer Privacy Act (CCPA), please submit a written request to: support@fracture.com or contact us using the information provided in the “How to Contact Us” section below. Our privacy team will examine your request and respond to you as quickly as possible.

Confidentiality and Security

Fracture takes the security of your information very seriously. We have physical, electronic, and procedural safeguards to protect the security and confidentiality of the personal information we have collected, and to prevent unauthorized access to - or disclosure of - any of your personal information.

While we take reasonable measures to maintain the security of your Personal Information, you should be aware that we are not able to fully eliminate all security risks or potential breachesUnfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk..

Please note that weare a United States based company and our servers are located in the United States. By providing your information and using the Website, you explicitly consent to the transfer, processing, and storage of your information in the United States. If you do not wish for us to transfer your personal information to the United States, please contact us using the information in the “How to Contact Us” section below.

Third Party Sites

Our website may contain links to other websites for news and other information. Our Privacy Policy only applies to our website, and we are not responsible for the privacy practices or the content of other websites which are linked to or integrated with Fracture. You should check the privacy policies of those websites before providing your personal information to them.

Certain sections or functionalities on our website may permit you to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, or other similar sites (collectively, “Social Media Sites”). We do not own or control such Social Media Sites, and posting your information on Social Media Sites is subject to the third party’s privacy policy and other legal terms, which may not provide privacy protections with which you agree. We are not responsible for any act or omission of any Social Media Site, nor are we responsible for the consequences of your choosing to share your information on Social Media Sites.  If you post to any of our pages on such Social Media Sites, you are providing information to the public and do so at your own risk.

Changes/Updates to the Privacy Policy

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our Privacy Policy changes, we will post the changes to our website and notify you of these changes, and new data will only be collected after they have been publicly disclosed. If you are concerned about how your information is used, you should check back at our website periodically or contact us directly.

How to contact us:

If you have any questions about this Privacy Policy, you can contact us at support [at] FractureMe [dot] com.

Fracture, Inc. is a corporation registered under the laws of the state of Delaware in the United States with our principal office address at 112 SW 6th St, Gainesville FL 32601, USA