Privacy policy

Privacy Policy

Effective Date: Aug 22, 2024

Last Reviewed: Aug 26, 2024

The GiddyUp Group, Inc. (“Company”, “GiddyUp”, “we”, “us”, “our”) knows that our users (“you,” “your”) care about how your personal information is used and shared. We take your privacy seriously and are committed to protecting it through our compliance with this Privacy Policy.

Please read the following to learn more about our Privacy Policy explaining our online information practices and the choices you can make about the way your information is collected and used and how you can access and update your information. By visiting or using this website (the “Website”) or any other services, products, features, content, or applications offered from time to time by Company in connection therewith (collectively, the “Service(s)”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

GiddyUp Services are subject to the Terms of Service applicable to you upon use of the Website.

If you have any questions or concerns, please contact us using the Privacy Rights Request Form.

THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SERVICES AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS NOT TO USE OUR SERVICES.

1. What Does This Privacy Policy Cover?

This Privacy Policy applies to information we collect:

on or through the Services; and
in email, text, and other electronic messages between you and our Services.

It does not apply to information collected by:

us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or
any third party, including through any application or content that may link to or be accessible from or on our Services.

THE SERVICES ARE NOT INTENDED FOR CHILDREN.

We do not knowingly collect or solicit Personal Information from anyone under the age of 18 or knowingly allow such persons to register for our Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected Personal Information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us using the Privacy Rights Request Form.

2. What Information Does the Company Collect and How?

We may collect several types of information from and about users of our Services, including information:

by which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier which is deemed personal information under various laws, rules, and regulations applicable to this Privacy Policy (“Personal Information”);
that is about you but individually does not identify you, such as usage details, IP addresses, and information collected through cookies and other tracking technologies; and
about your internet connection, the equipment you use to access the Services, and usage details.

We collect this information:

directly from you when you provide it to us;
automatically as you navigate through the Service; and
from third parties, for example, our business partners.

We gather various types of Personal Information from our users and use it to personalize and improve our services, to contact users, to fulfill your requests for certain products and services, to analyze how users utilize the Services, and as otherwise set forth in this Privacy Policy.

Account information: Any information about you when you engage with the Services such as your name, email address, physical address, and phone number you provide when placing orders.
Information you provide us: Any information you provide by contacting us through the Service, or any additional information you provide that we may ask for if you report a problem with the Service, your search queries on the Service, and details of transactions you carry out through the Service. You agree and acknowledge that by submitting such information that you have the authority and necessary consents to provide such information.
Usage data: As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including, without limitation: (a) details of your visits to our Website, logs, location data and other communication data and the resources that you access and use on the Services; (b) information about your computer and internet connection, including your IP address (including geolocation), operating system, product version, and browser type; and (c) your preferences, such as language selection.
Cookies: We use “cookies” on the Website and its subdomains. A cookie is a piece of data stored on a site visitor’s hard drive or device, to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. You can set your browser not to accept cookies, however, in some cases, some of our Service features may not function as a result.
Log Files: As is true of most websites, we may gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data. We do not link this automatically collected data to other information we collect about you.
Web Beacons: Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third Party Analytics: Third party analytics service providers, such as Google Analytics and similar service providers, will receive data regarding your usage of our Services in order to provide analytics services to us. If you elect to opt-out of such data collection (to the extent available) and subsequently use our Services through a difference device or otherwise change your cookie or privacy settings on your device, you will need to opt-out again.
Public Information: We may receive information about you from publicly available sources, public websites, and social media.
Third Parties: We also obtain information from third-parties and combine that with information we collect through the Services. For example, we may have access to certain information from a third-party social media service or authentication service if you log into our Services through such a service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third-party social media service or authentication service is in accordance with the authorization procedures determined by that service. By authorizing us to connect with a third-party service, you authorize us to access and store your name, email address(es), current city, profile picture URL, and other information that the third-party service makes available to us, and to use and disclose it in accordance with this Privacy Policy. You should check your privacy settings on these third-party services to understand and change the information sent to us through these services.

3. How does the Company Use and Share the Information it Receives?

We may use information that we collect about you or that you provide to us, including any Personal Information:

to present our Services and its contents to you;
to provide you with information, products, or services that may be of interest to you;
to fulfill any other purpose for which you provide it;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us or between you and the third-party merchants we provide platform technology services to, including for billing and collection;
to notify you about changes to our Services or any products or services we offer or provide through it;
to display interest-based ads for features, products, and services that might be of interest to you (we do not use information that personally identifies you to display interest-based ad).
to identify usage trends and perform statistical analyses to improve our Services, products, services, marketing efforts, and the products and services of our business partners we recommend or offer, in order to provide a better service to you in the future
in any other way we may describe when you provide the information; and
for any other purpose with your consent.

If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by at any other time by using the Privacy Rights Request Form. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose Personal Information that we collect or you provide as described in this Privacy Policy as follows:

The GiddyUp Team: Information may be shared internally, including our affiliates and subsidiaries, to help provide, improve, protect, and promote our services. This includes the use of your Personal Information to promote products on our affiliated websites such as thegrommet.com.
Service Providers: We may disclose information to our contractors, service providers, and other third parties we use to support our business. For example, third party payment processors.
Legal: We may disclose your information to third parties if necessary to comply with any court order, law, or legal process, including to respond to any government or regulatory request, or to otherwise enforce our Terms of Use, or any other agreement between you and the Company, including without limitation, for billing and collection purposes.
Acquisition: We may disclose your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, change of control or ownership, or other sale or transfer of some or all of the Company’s assets or interest and any preliminary negotiations and diligence thereto, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about our Service users is among the assets transferred.
To Fulfill Your Request: We may disclose your information to fulfill the purpose for which you provided it, or for any purpose disclosed by us when you provide the information.
Protection: We may disclose your information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Third Parties. To third parties, including the third-party merchants we provide platform technology services, so that they may market their products or services to you if you have placed an order with such third parties or showed an intent to place an order with such third parties through your online activities.

Finally, we never use, share, sell or rent the Personal Information provided to us online in ways unrelated to the ones described in this Privacy Policy without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

4. Is Personal Information About me Secure?

The security of your Personal Information is important to us. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

While we endeavor to protect the privacy of your Personal Information we hold in our records, unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or through the Services.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) certain access credentials for use of the Service, you are responsible for keeping this information confidential. We ask you not to share your access credentials with anyone. We urge you to be careful about giving out information in public areas of the Website or other users.

Third Party Links: The Services may contain links to other third party sites that are not controlled or owned by the Company. Please be aware that the Company is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy policies of each and every website that collects information.

5. How can I Access or Correct my Information?.

You may use the Privacy Rights Request Form to request access to or correct any information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

6. What Choices do I have Regarding my Personal Information?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to conduct a transaction or to otherwise access or use our service offerings.

You may request deletion of your information by using the Privacy Rights Request Form. Please note that some information may remain in our records, for example in our archives, after your request of deletion of such information. We may not accommodate a deletion of information if we believe the change would violate any law or legal requirement. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Do-Not-Track Policy: Some web browsers may transmit “do-not-track” (“DNT”) signals with which you may communicate. We currently do not change our tracking practices in response to DNT Settings in your web browsers. To determine whether any of the third-party services the Company uses honor the “Do Not Track” requests, please read their privacy policies.

7. Your U.S. Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, or to otherwise appeal a decision regarding a consumer rights request, please contact us using the Privacy Rights Request Form.

Nevada

Nevada provides its residents with a limited right to opt-out of certain personal information sales, however, please know we do not currently sell personal information triggering that statute’s opt-out requirements.

CALIFORNIA (CCPA NOTICE)

The California Consumer Privacy Act and California Privacy Rights Act (collectively, “CCPA”) provides certain rights to California consumers. This CCPA Notice applies to all visitors, users, and others who reside in the State of California. This section serves as the CCPA Notice as defined by law and explains how we enforce those rights and explains our California personal information practices as required by CCPA. Any terms defined in the CCPA have the same meaning when used in this CCPA Notice. The CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) and certain employment information from some of its requirements, provided this CCPA Notice shall automatically apply to such information if such information is no longer exempt.

This CCPA Notice supplements our other privacy notices and policies and shall govern in the event of a conflict between this CCPA Notice or other privacy notices and policies. However, if any other notice about CCPA is provided at the point of collection, then that other notice shall govern in the event of a conflict with this CCPA Notice as permitted by applicable law.

Information we Collect:

We collect personal information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device.

Personal Information does not include:

publicly available information from government records;
deidentified or aggregated consumer information; or
information excluded from the CCPA’s scope.

As detailed in Section 2 above, in particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Identifiers: A real name, alias, pronoun, postal address, e-mail, phone number, account name, unique personal identifier such as date of birth and age when necessary, and Internet Protocol address.
Commercial information: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Any payment information is handled directly by our payment processor, and we do not have access to any credit card information.
Internet or other similar network activity: Operating system, browser type, access times, browsing history, search history, information on a consumer’s interaction with the service.
Marketing and research information: Demographic data, social media content – blogs, posts and anything posted by an individual online or which is mentioned, references an individual, analytics and profiles of the individuals based on the data collected on them, and information used to maintain a customer relationship management database.
Cookies and geolocation: Please see the cookie section above regarding our cookie use.

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Website.
Third parties. For example, our business partners.

Use of Personal Information:

To fulfill or meet the reason you provided the information. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our Website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ad.
Unless you have opted-out to receive marketing communication (where required by law), we will use your information to send communications to you about products and services that may be of interest to you.
To identify usage trends and perform statistical analyses to improve our Services, products, services, marketing efforts, and the products and services of our business partners we recommend or offer, in order to provide a better service to you in the future
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information:

We do not sell personal information.

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated below.

Identifiers: Vendors, service providers, such as payment processors, and business parties with whom we refer products and services on the Website.
Commercial information: Vendors, service providers, such as payment processors, and business parties with whom we refer products and services on the Website.
Internet or other similar network activity: Analytic service providers.
Marketing and research information: Analytic service providers, vendors and business parties with whom we refer products and services on the Website.
Cookies and geolocation: Analytic service providers.

Your Rights and Choices:

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we disclosed your personal information for a business purpose, a list of disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

Write to us at: The GiddyUp Group, Inc. at 20 N. Oak St., Ventura, CA 93001 USA, Attention: Privacy.
Contacting us using the Privacy Rights Request Form.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are age 16 or older, you have the right to direct us to not sell your personal information at any time, however, please note that we do not sell the personal information of consumers.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please use the Privacy Rights Request Form or write to us at: The GiddyUp Group, Inc. at 20 N. Oak St., Ventura, CA 93001 USA, Attention: Privacy.

8. General Data Protection Regulation (GDPR)

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Switzerland or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Company will be the “processor” of your Personal Data processed in connection with the Services.

Legal Basis for EEA Personal Data:

If you are located in the European Economic Area, our legal basis for collecting and using the personal information will depend on the personal information concerned and the specific context in which we collect it. Usually, we rely on the following legal basis to process your personal information:

Legitimate interest: We may process your personal data for our legitimate interests. For example, to provide or improve our Services, manage relationships with customers, or for security purposes and fraud prevention. We will also reach out to you about our service offerings to make sure you are aware of all of the available options.
Consent: We will rely on your consent to use your personal data for personalized or interest based advertising purposes and to send you marketing information. You may withdraw your consent at anytime by using as outlined herein.
Fulfillment of Contract: We will process your contact information you provide when registering for our Service to provide the services and manage relationships.
Legal obligation: In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information.

If you are a data subject (as defined under GDPR), you have the right to request from the Company access to and rectification or erasure of your personal data, data portability, restriction of processing of your Personal Data, the right to object to processing of your Personal Data, and the right to lodge a complaint with a supervisory authority. For more information about these rights, please visit the European Commission’s “Rights for Citizens” page relating to GDPR, which can be displayed in a number of languages. If you reside outside of the EU, you may have similar rights under your local laws.

To request access to or rectification, portability or erasure of your personal data, or to delete your account, please submit a request using the Privacy Rights Request Form.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.

9. How Long Do We Retain Your Personal Data?

We retain Personal Information about you for as long as you are a customer. In some cases, we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation.

Afterwards, we retain some information for marketing and promotional activities, unless you have opted out of such promotions.

10. Transfers of Data.

The Services are hosted and operated in the United States (“U.S.”) through the Company and its service providers, and laws in the U.S. may differ from the laws where you reside.

By using the Services, you acknowledge that any personally identifiable information about you, regardless of whether provided by you or obtained from a third party, is being provided to the Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S.

11. Contact Us

To ask questions or comment about this privacy policy and our privacy practices, contact us using the Privacy Rights Request Form or by using one of the following methods:

Email: privacy@giddyup.io

Address: The GiddyUp Group, Inc. at 20 N. Oak St., Ventura, CA 93001 USA, Attention: Privacy