INFORMATION WE COLLECT
The types of information we may collect and our privacy practices are dependent on your interaction with the Website and Services and requirements of applicable law. Through your use of the Website, we may collect the following information:
User Provided Information – Fowler Avenue may collect certain personal information in order for you to use the Website’s Services, including, without limitation, (i) full name; (ii) mailing address; (iii) phone number; and/or (iv) email address. Additionally, when you send a communication via the Website (i.e. campaigns / customer service inquiries / comments), Fowler Avenue may also collect that communication and any information you choose to provide therewith, and you agree Fowler Avenue is free to use the content of any communications submitted by you for any purpose. Fowler Avenue may also collect the communication you choose to provide through third party platforms in connection with Fowler Avenue Services. Communications through third-party platforms are also subject to the policies of the third-party.
Payment – Fowler Avenue may collect payment information from users of the Website and Services.
Non-Personal Information – Fowler Avenue may collect certain non-personal information via your use of the Website and Services.
HOW WE MAY USE YOUR INFORMATION
Fowler Avenue uses the information received from you in connection with the Website in order to improve and develop the Website and provide the Services, create and maintain a secure environment, provide a personalized experience, and comply with our various legal obligations. Such uses include:
Providing customer service / responding to customer inquiries;
Offering you a personalized experience regarding use of the Website and Services;
Enforcing the Terms;
Fraud prevention / verifying or authenticating information;
Providing information about our Services;
and Monitoring and tracking total number of users of the Website for statistical purposes.
We may also use personal information provided by you for reasons for which we have a legitimate interest at the time you provide such personal information or with your consent. Otherwise, unless consent is given, we will not use or disclose your personal information for any reason other than the purposes for which it was collected.
HOW WE SECURE AND MAY SHARE YOUR INFORMATION
We may share your information received in connection with your use of the Website and Services to: (i) our staff and/or data person(s) in charge of maintaining and recording the information; and/or (ii) to our service providers involved in providing the Services or other services who shall only have access to such information for the purpose of performing such services. Any such service provider shall be prohibited from collecting, sharing, or using your personal information except as necessary to perform the Services or to comply with applicable legal requirements. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them if required to provide the Services. For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your personal information.
Fowler Avenue may also make anonymous and/or aggregate personal information for commercial, marketing, and/or legitimate business purposes, such as reporting and conducting research and development in order to enhance the Website and/or the Services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.
In the event that ownership of all or a part of Fowler Avenue or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Fowler Avenue’s assets, your information pertinent to that business' operations may be assigned or transferred to, or licensed for use by, the new owner, without any prior notice to or consent from you.
By using the Website or its Services, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website or its Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending you an email at the email provided to us.
RETAINING YOUR INFORMATION
When you provide us with personal information, we imply that you consent to our collecting it and using it for that specific reason only. We may also use your contact information to periodically send you e-mails regarding the Website and Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or mailing us at: email@example.com
Even if you opt-out from receiving promotional communications, we may still collect and use non-personal information regarding your use of the Website and Services, and/or contact you in connection with your relationship, activities, transactions and communications with us and/or the Services you may have requested.
MODIFYING, ACCESSING, CORRECTING, OR DESTROYING INFORMATION
It is your sole responsibility to ensure that any and all information you provide when using the Website or requesting Services is complete and accurate. You have a right to request and access your personal information, and can review and/or make necessary changes to your information at any time by contacting us at firstname.lastname@example.org. If you want us to delete your personal information, please contact us at email@example.com with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Fowler Avenue shall use best efforts to provide you with access to your personal information and delete personal information upon your request. However, there may be circumstances in which we are unable to provide access or deletion, including but not limited to: (i) where the information contains legal privilege, (ii) would compromise others’ privacy or legitimate rights, (iii) where the burden or expense would be disproportionate to the risks to your privacy in the case in question, or (iv) where it is commercially proprietary. If we determine that access or deletion should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
INTERNATIONAL USERS AND TRANSFER OF INFORMATION
As required by the GDPR, we require that all processors and sub-processors of the data we collect fully comply with the obligations of the GDPR and do not infringe on your privacy rights in any way. In particular, you have the following rights:
Right to Access. You have the right to see any Personal Information we have collected about you as well as the purpose of our collection and processing of it and whether we plan on sharing such Personal Information with anyone.
Right to Correct. You have the right to correct any inaccurate Personal Information in our possession. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed by providing a statement to us at firstname.lastname@example.org.
Right to Erase. You have the right to have your Personal Information erased from our data stores without undue delay. Additionally, we will erase Personal Information without undue delay if:
the Personal Information is no longer necessary in relation to the purposes for which it was collected;
you withdraw consent and there is no other legitimate basis for the processing;
you object to the processing and there are no overriding legitimate grounds for the processing;
the Personal Information has been unlawfully processed;
or the Personal Information must be erased for compliance with a legal obligation.
Right to Restrict. You have the right to restrict processing of your Personal Information.
Right to Port Data. You have the right to request your Personal Information be ported over to another controller. However, because we don’t store much Personal Information, we likely will not have the technical means to port the information automatically. If this is the case, we will recommend simply deleting the Personal Information instead. If you really want it transferred to another party, we’ll email data fields directly to the new controller and let you know via email when it is complete.
Right to Object. You have the right to object to the collection or processing of Personal Information at any time if you believe data was collected or processed unlawfully. Our team will work with you to investigate the claim and take appropriate action. While the claims are under investigation, your data will be deleted from our stores. If you’d like, you may re-submit your data at any time.
PRIVACY RIGHTS OF CHILDREN
Our Website is not intended for use by or directed to children, and we do not knowingly collect personal information from children under 18. If we learn that we have collected personal information from a child under the age of 18, we will take steps to delete such information from our files as soon as possible. If you believe we have collected personal information of a minor, please contact us as email@example.com. Fowler Avenue memberships are reserved for people 18 years or older.
GOVERNING LAW AND REGULATIONS / DISPUTE RESOLUTION
By using the Website and/or Services, you agree that all disputes, claims, or causes of action arising from or related to your use of the Website or Services will be resolved through binding arbitration in Broward County, Florida in accordance with the rules of the American Arbitration Association as outlined in the Terms and Conditions. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Nothing in this Section shall prevent Fowler Avenue from seeking injunctive or other equitable relief from the courts for matters related to data security, or unauthorized access to the Website or Services.