Privacy Policy

Toplash LLC, 2380 Drew Street, Clearwater FL 33765, United States

Introduction
The website toplash.com and any other website or application on which we have posted a link to this page (the “Site”) is owned and operated by Toplash LLC or one of its affiliates (“Toplash Cosmetics,” “we,” “our,” or “us”). This Privacy Policy applies to our collection, storage, use and dissemination of information gathered from online visitors to our Site and other individuals whose data we may obtain as a result of the use of our Site. By visiting our Site, you agree that your visit and any dispute over our online privacy practices is governed by, applicable law, this Privacy Policy, and our Terms and Conditions of Use (“Terms”), which can be found here: This Privacy Policy applies to “Personally Identifiable Information” or “PII,” that Toplash Cosmetics collects, stores and uses in connection with your use of our Site.  Personally Identifiable Information is information that can be used to identify you, such as your first and last name, e-mail address, mailing ‎and billing addresses, telephone number, and payment information‎.  Reference in this policy to “information” are to such PII.

BY PROVIDING INFORMATION TO Toplash Cosmetics VIA THIS SITE, YOU ARE DEEMED TO CONSENT TO THE COLLECTION, STORAGE, USE AND DISSEMINATION OF SUCH INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

 

What Information Do We Collect?
- We collect information, including PII, from you when you register on the Site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in other Site features.
- When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information.  You may, however, visit our Site anonymously. 
- We also collect information names and delivery addresses about gift recipients so that we can fulfill gift purchases.  The information we collect about gift recipients is not used for marketing purposes.
- ‎Like many websites, we use various tracking technologies (including “cookies”) to enhance your experience and gather information about visitors and visits to our Site.  See below for more information about our automatic collection practices.  This information is collected from you primarily by you providing it to us.  For example, when you complete forms on our Site or elsewhere in order to register, place orders for our products and services, enter contests or promotions or respond to surveys or marketing communications and in email or telephone correspondence with us.  It is collected automatically in the case of information stored in “cookies,” for example when you surf the Site or use certain other Site features.  We may also obtain information about you from other people, such as your name and delivery address where they purchase products for you.

 

How Do We Use the Information Collected?
We may use your information for the following purposes:
- To personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested;
- To develop and improve our products and services;
to allow us to better service you in responding to your customer service requests;
- To process your transactions and provide you with goods and services;
- To administer a contest, promotion, survey or other Site features;
‎- To understand your needs or wishes;‎
- For security and to check your identity;‎
- For training and internal record keeping;‎
- Making changes to our business, including its structure or organization and informing you of those changes‎;
- Administering surveys, loyalty programs, contests and events;‎
- To comply with our legal or regulatory obligations or with good practice in our industry;‎
- Account management, quality control, website and system administration and ‎security, disaster recovery and fraud prevention;
- To communicate with you for any of the above purposes;
- Sending you emails and newsletters about new products, special offers or other information, which ‎we think you may find interesting (unless you have opted out); and
- Contacting you for market research purposes, by email, phone or mail (unless ‎you have opted out).

How We Automatically Collect Information
In addition to the information that users of our Site provide voluntarily, Toplash Cosmetics may automatically collect certain information when you visit or use our Site.  This information may include your IP address (or other unique device identifier, including one that we may assign); certain details about your browser, operating system, and hardware; your location, if available; the URL that referred you to our Site; your activities on our Site, including your preferences; and other logging information, such as the date and time of your visit.  We may use a variety of tracking technologies to automatically collect information, such as cookies, web beacons, embedded scripts, browser fingerprinting, GPS, iBeacons, and ETags (or “entity tags”).

All web servers log certain technical information from visitors each time they request a page.  We may aggregate such logged information anonymously to assist in designing enhanced user experiences and easier access to our information and services.

How we use Cookies
“Cookie” technology helps Toplash Cosmetics to simplify visitors’ interactions with our Site. A cookie is a very small amount of information that is placed on your computer's hard drive by your browser on our behalf.  It is sent by your browser back to us when you return to our Site.

Cookies are used for various aspects of functionality such as keeping track of the items in your shopping bag, learning more about how you arrived at our Site, and to store your preferences so you don’t have to enter them each time you visit.  See below for the types of cookies we use and the functionality they support.
- Essential Cookies.  These are cookies that our Site needs in order to function and if they are not accepted by you, parts of the Site won’t be usable.  Examples of where these cookies are used include: to store how many items are in your shopping bag, to anonymously determine when you are signed in, and to determine which currency we should use based on your preferred delivery location when displaying prices to you.
- Third-Party Cookies.  Aside from setting cookies ourselves, we also allow carefully-selected third-parties to set cookies during your visit to our Site.  These organizations provide us with information on how you use our Site.  They may also use cookies to promote our newest products and latest offers to you on other websites based on your activity at our Site.  For example, you may see products that you viewed at our Site presented on other Sites as you move around the Internet.  Some of our partners will use your location to provide more relevant messaging.  Disabling these cookies will allow you to switch this feature off.
- Analytics Cookies.  We use various software tools that allow us to study, and then improve, how customers interact with our Site - this is known as website analytics.  Examples of analytical tools that we use are: Google Analytics and Adobe Analytics.  Analytics cookies allow us to understand more about how many visitors we have to the Site, how many times they visit our Site and how many times a user viewed specific webpages within our Site.  Although analytics cookies allow us to gather specific information about the pages that you visit and whether you have visited our Site multiple times, we cannot use them to find out details such as your name or address.

How Can I Manage My Cookies?
If you do not want to accept cookies from our Site, you can change your browser settings so that cookies are not accepted.  If you choose to do this, please be aware our Site may no longer function as intended.

All popular Internet browsers (e.g. Chrome, Internet Explorer, Edge and Safari) allow you to amend your cookie settings so that cookies are no longer enabled across all websites that you visit. 

You may always choose not to receive a cookie by enabling your web browser to refuse cookies or to prompt you before your browser accepts a cookie.  By refusing to accept a cookie, you may be asked to enter certain information each time you access certain areas of our Site.  In addition, for marketing purposes, we may review specific paths that you or an aggregate of customers have traveled through our Site.

For any queries regarding your visit to our Site, please contact our customer service department at  info@toplash.com.

 

Third-Party Sites & Services
Interactions with Other Sites and Services.  Our Site may include features from third-parties that allow you to interact with other online services, including social media.  For example, we may use third-parties to allow you to send messages, or make postings on social media sites, like Twitter and Instagram.  If you use these features, then we may share information about you with those third-parties, and they may collect additional information.  You should review the privacy policies for such third-parties to understand how they collect and use information.

Links to Third-Party Sites.  Our Site may include links to third-party websites or other online services.  We are not responsible for these other sites and services, and they may collect and use information about you.  You should review the privacy policies for such third-parties before using their sites or services to understand how they collect and use information.

 

Third-Party Tracking and Do Not Track
Third parties may use tracking technologies in connection with our Site, which may include the collection of information about your online activities over time and across third-party Sites.  This Privacy Policy does not apply to these third-party technologies because we may not control them and we are not responsible for them. 

Do Not Track is a technology that enables users to opt out of tracking by websites they do not visit.  Currently, we do not monitor or take any action with respect to Do Not Track technology.

 

Additional ways your PII may be used and shared
As Required by Law or Similar Process.  Toplash Cosmetics may disclose your PII, the contents of your communications with us, and/or other information you have provided to us if required to do so by law, with your consent, or in the good faith belief that such action is necessary:  (1) to conform to applicable law or comply with legal process served on Toplash Cosmetics; (2) to protect or defend the rights or property of Toplash Cosmetics or others; (3) to assist, under exigent circumstances, in the investigation of possible violations of law or other investigations; and/or (4) to assist law enforcement in preventing harm to anyone.   

Sale or rental or other transfer of your PII.  We do not sell, trade, or otherwise transfer your PII to outside parties unless we provide you with advance notice, except as described herein.  The term “outside parties” does not include Toplash Cosmetics or its affiliates. 

We may transfer or disclose your PII to:
- Site hosting partners;
- Other parties, our service providers, sub-contractors and agents, to assist us in operating our Site, conducting our business, or servicing you;
- to applicable authorities, agencies and other bodies or person, when appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety; 
- our affiliates, including our subsidiaries in other countries;‎
- anyone to whom we may transfer any part of our business, rights, obligations or ‎assets or our shares;‎ and
- credit reference agencies and fraud prevention agencies.‎

Non-personally identifiable visitor information may, however, be provided to other parties for marketing, advertising, or other uses.

Use of Analytics Services.  We may use third-party analytics services (such as Google Analytics or Adobe Analytics) that track details about your online activities ‎over time and across different sites.  These services help us to improve our Site, products, and services.  These services may also allow ‎us and others to provide you with targeted advertisements or other content that you may be interested in based on ‎your online activities.  If you would like to learn more about targeted ads that may be based on your online activities, ‎and the choices that you may exercise for certain sites and advertisers, you may wish to visit the Network ‎Advertising Initiative or the Digital Advertising Alliance.  Those websites can be found here: https://www.networkadvertising.org/ and here: https://digitaladvertisingalliance.org/ respectively.  To opt out of being tracked by Google Analytics across all ‎Web sites, visit: https://tools.google.com/dlpage/gaoptout.

Using our Site for purchases.  In order to make purchases on the Site, you will need to go through our checkout process and provide your payment information, such as your credit card or debit card number and expiration date.  If you choose to make a payment online, you will be redirected to one of our PCI-compliant third-party payment processors, such as Shopify, PayPal, or Afterpay. Toplash Cosmetics strives to ensure that all of its partners and affiliates maintain industry-standard privacy policies and practices.  Please be aware, however, that Toplash Cosmetics does not directly collect or store any of your payment information, and it does not control the privacy policies and practices of its third-party payment processors.  To understand how a third-party payment processor collects, processes and stores your payment and other information, please review the privacy policy of our payment processors.  For example, the Privacy Policy for Shopify can be found here: https://www.shopify.com/legal/privacy, the Privacy Policy for PayPal can be found here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full, and the Privacy Policy for Afterpay can be found here: https://www.afterpay.com/privacy-policy. 

Notice to non-U.S. Site users
If you are from a non-U.S. country, please be aware that the PII you submit, ‎including information provided through our Site, is being sent to a location in the ‎United States. The data protection laws in the United States are likely different from those of the ‎country in which you are located, and your personal information may be subject to access ‎requests from governments, courts, or law enforcement in the United States according to laws of ‎the United States. By providing such PII through the Site, you are ‎consenting to (and represent that you have authority to consent to), the transfer of such ‎information to the United States for the uses and purposes described in this Privacy Policy. ‎Without limiting the above, for the avoidance of doubt we do not have an establishment or target ‎‎people in the EEA or UK. ‎

 

How You Can Control the Use of Your PII
You may indicate certain preferred restrictions on our use of your PII, such as opting-out of or unsubscribing from our marketing communications, newsletters or e-mails by using the “unsubscribe” feature included in such messages or by contacting us by e-mail at info@toplash.com.  In that e-mail, you should indicate which of the following options you prefer:

- Toplash Cosmetics should not send me physical mail with newsletters or other information that may be of interest to me;
- Toplash Cosmetics should not send me electronic mail with newsletters or other information may be of interest to me;
- I understand that Toplash Cosmetics may send me any information about third-party or other products and services, subject to my having opted in to this where I am an EU Individual.

To request access to, or notify us of changes to, PII we have collected, contact us at info@toplash.com.          

 

How Your PII is Secured and Protected
Toplash Cosmetics implements reasonable administrative, technical and physical safeguards designed to protect your PII from accidental loss and from unauthorized access, use, alteration or disclosure.  Your PII is contained behind reasonably secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.  Regardless of any such precautions taken in good faith by visitors or by us, security on the Internet is imperfect, and we cannot warrant the protection of any information visitors transmit to us, which visitors do voluntarily and at their own risk.

 

Linking to Other Sites
Our Site links to third-party Sites.  Toplash Cosmetics does not control those Sites and this Privacy Policy does not apply to such third-party Sites.  Visitors should examine the privacy statements for all third-party Sites to understand their procedures for collecting, using, and disclosing visitors' information.  While we have no responsibility or liability for the content or activities of these linked sites, we seek to protect the integrity of our Site and welcome any feedback about these linked sites (including if a specific link does not work).

 

About Children's Privacy
The Site is intended for general audiences, and we do not knowingly seek or collect PII from children under the age of eighteen (18).  In accordance with the Child Online Privacy Protection Act, in the event that we learn that we have collected PII from a child under age thirteen (13) without verification of parental consent, we will delete that information as quickly as possible.  If you believe that we might have any PII from or about a child, please contact us at info@toplash.com

 

Your California Privacy Rights
We may from time to time elect to share certain information about ‎you collected by us on the Site with third-parties for those third-parties’ direct marketing purposes.  California Civil Code Section 1798.83 permits California residents who have supplied personal ‎information, as defined in the statute, to us to, under certain circumstances, request and obtain ‎certain information regarding our disclosure, if any, of PII to third-parties for their ‎direct marketing purposes. If this applies, you may obtain the categories of PII ‎shared and the names and addresses of all third-parties that received PII for their ‎direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2019 will ‎receive information about 2018 sharing activities) or to request to opt-out of such future sharing.  ‎To make such a request, please provide sufficient information for us to determine if this applies to ‎you, attest to the fact that you are a California resident and provide a current California address for ‎our response.  You may make this request in writing at: info@toplash.com.

If you are a California resident under the age of 18, and a user of any Site where this Privacy Policy is ‎posted, California Business and Professions Code Section 22581 permits you to request and ‎obtain removal of content or information you have publicly posted. To make such a request, ‎please send an email with a detailed description of the specific content or information ‎to info@toplash.com. Please be aware that such a request does not ensure complete or ‎comprehensive removal of the content or information you have posted and that there may be ‎circumstances in which the law does not require or allow removal even if requested.‎

If you are a California resident, you have additional consumer privacy rights under California law.  ‎For more information, review our California supplement here: CCPA Privacy Policy.‎

 

Sweepstakes, Contests and Promotions
We may offer sweepstakes, contests, and other ‎promotions (any, a “Promotion”) through the Site that may require registration.  By ‎participating in a Promotion, you are agreeing to the official rules that govern that Promotion which are separate from this Privacy Policy, and which ‎may contain specific requirements of you, including, allowing the sponsor of the Promotion to use ‎your name, voice, and/or likeness in advertising or marketing associated with the Promotion.  If ‎you choose to enter a Promotion, certain PII may be disclosed to third-parties or the ‎public in connection with the administration of such Promotion, including, in connection with ‎winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official ‎rules, such as on a winners list.

 

Changes to this Privacy Policy
Toplash Cosmetics reserves the right to modify or amend this Privacy Policy at any time and for any reason.  If we make any significant changes to our information privacy practices, we will post notice of the change on our homepage for a reasonable period of time after any such significant change is implemented or e-mail you about these changes.

Questions
Questions about this Privacy Policy will be answered if submitted to us at info@toplash.com.