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Privacy Policy

PRIVACY POLICY

Effective date: August 28, 2023

Tusk ("us", "we", or "our") respects your concerns about privacy and values the relationship we have with you. Regardless of where you are from, we have determined that all customers should be provided the same rights regarding the privacy of their personal information. As such, we provide each customer with certain rights related to their privacy that are granted under certain data privacy laws (“Applicable Data Privacy Laws”), including but not limited to, the General Data Protection Regulation, California Consumer Privacy Act, and the California Privacy Rights Act. This Privacy Policy describes the types of personal information we collect about our customers, whether at one of our locations, online or via one of our mobile applications, how we use the information, with whom we share it, and the choices available to our customers regarding our use of the information. We also describe the measures we take to protect the security of the information and how our customers can contact us about our privacy practices.

Information We Collect

We collect 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”).

Personally Identifiable Information

While using our services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you, such as:

· Email address
· First name and last name
· Phone number
· Address, State, Province, ZIP/Postal code, City

Usage Data

We may also collect information about how our site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We also use cookies and similar tracking technologies to track the activity on our site and hold certain information.

Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a site and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information as well as to improve and analyze our site and how people interact with it.

You can instruct your browser to refuse all cookies, except necessary cookies, or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our site.

Examples of Cookies we use:

· Session Cookies. We use Session Cookies to operate our site.
· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
· Security Cookies. We use Security Cookies for security purposes.

Personal Information does not include:
· Publicly available information from government records;
· Deidentified or aggregated consumer information; and
· Information excluded from the scope of Applicable Data Privacy Laws, including without limitation: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Categories of Information We Have Collected

In particular, we have collected the following categories of Personal Information from our consumers within the last twelve (12) months:

A. Identifiers - A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

B. Personal data categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - A name, signature, physical characteristics or description, address, telephone number, credit card number, debit card number, or any other financial information. Some Personal Information included in this category may overlap with other categories.

C. Commercial information - Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

D. Internet or other similar network activity - Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement

E. Geolocation data - Physical location or movements

We obtain the categories of personal data 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, and how you interact with our email communications.

o We may maintain records of your preferences related to your orders, as well as reservation information if reservations are made.

Sensitive Personal Information

Below are items of sensitive personal information that are subject to certain rights granted by Applicable Data Privacy Laws.

· Social security, driver’s license, state identification card, or passport number
· Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
· Precise geolocation
· Racial or ethnic origin, religious or philosophical beliefs, or union membership
· Contents of consumer’s mail, email, and text messages unless the business is the intended recipients of the communication
· Genetic data
· Information relating to consumer’s health, sex life, or sexual orientation

Information within this category that is “publicly available” is not considered Sensitive Personal Information or Personal Information.

Using and Sharing Personal Information

We may use or disclose the Personal Information we collect for one or more of the following purposes:

· To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. 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 provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
· To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
· To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
· For testing, research, analysis, and product development, including to develop and improve our Website, products, marketing, operations, and services.
· 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 Applicable Data Privacy Laws.
· To collect feedback from you regarding your experience in our shops.
· 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’ve collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sale of Personal Information

We may sell the Personal Information that we collect for any of the purposes stated immediately above. Any sale of Personal Information by us will strictly comply with all Applicable Data Privacy Laws and the rights granted to you thereunder and as further described below.

Disclosure of Personal Information

When we disclose or sell Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to comply with Applicable Data Privacy Laws, including to keep that Personal Information confidential and not use it for any purpose except performing the contract. Applicable Data Privacy Laws prohibit third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We may share your Personal Information with the following categories of third parties:

  • Business communication and collaboration tools
  • Data analytics providers
  • Data storage service providers
  • Payment Processors
  • Advertising Network
  • Sales and marketing tools
  • Ecommerce
  • Social networks
  • Finance and accounting tools
  • Order Fulfillment Services

Categories of Information We Have Disclosed

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories
Category C: Commercial information
Category D: Internet or other similar network activity
Category E: Geolocation data

We have disclosed the categories of Personal Information for a business purpose to the following categories of third parties:

  • Business communication and collaboration tools
  • Data analytics providers
  • Data storage service providers
  • Payment Processors
  • Advertising Network
  • Sales and marketing tools
  • Ecommerce
  • Social networks
  • Finance and accounting tools
  • Order Fulfillment Services

Retention of Data

Tusk will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Tusk will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our site, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Tusk will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Your Rights and Choices

Depending on where you’re from, you may have certain rights under Applicable Data Privacy Laws regarding your Personal Information; however, regardless of where you’re from, we have decided to provide all our customers with the rights and choices defined below. This section describes and explains how to exercise those rights. Please be aware, that if you are not a resident of a state or jurisdiction governed by Applicable Data Privacy Laws, we cannot guarantee that our third-party providers will grant you the same rights, as they may not be obligated to do so under their respective privacy policies.

Access to Specific Information and Data Portability Rights

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. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), 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.
· The specific pieces of Personal Information we collected about you (also called a data portability request).

If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: sales, identifying the Personal Information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B Personal Information.

Deletion Request Rights

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. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. 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.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

7. Comply with a legal obligation or applicable state or federal law.

8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B Personal Information.

Right to Correct Inaccurate Information

You have the right to request that we correct any inaccurate Personal Information that we collected from you and retained. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” below), we will correct your Personal Information.

Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to request that any Sensitive Personal Information that we have collected and maintained from you be used and disclosed on a limited basis to that which is necessary to perform the services for which the Sensitive Personal Information was provided. Upon receiving such a request, we will refrain from using such Sensitive Personal Information for any reason or purpose other than as necessary to perform the service for which the Sensitive Personal Information was provided. We will instruct our service providers and contractors to limit their use and disclosure of your Sensitive Personal Information as described above.

Non-Discrimination

We will not discriminate against you for exercising any of your rights. Unless permitted by the Applicable Data Privacy Laws, 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 Applicable Data Privacy Laws that can result in different prices, rates, or quality levels. Any Applicable Data Privacy Laws-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.

Exercising Your Rights

To exercise any of your rights described above, please submit a verifiable consumer request to us by either:

Calling us at (503) 894-8082; or emailing us at privacy@tuskpdx.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
· 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.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. 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.

Do Not Track Notice

Under certain Applicable Data Privacy Laws, website and online service operators are required to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about a consumer’s online activities over time and across third party websites. We currently do not change our tracking practices in response to “do-not- track” signals or other similar mechanisms. These laws also require website and online service operators to disclose whether third parties may collect Personal Information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include Personal Information. These third parties do not change their tracking practices in response to “do-not- track” signals from your web browser and we do not obligate these parties to honor “do-not-track” signals. To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org.

Service Providers

We may employ third-party companies and individuals to facilitate our site ("Service Providers"), to provide the site on our behalf, to perform site-related services or to assist us in analyzing how our site is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our site.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the site available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visitor activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page:https://policies.google.com/privacy?hl=en

Behavioral Remarketing

Tusk uses remarketing services to advertise on third-party websites to you after you visit our site. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our site.

Google AdWords

Google AdWords remarketing service is provided by Google Inc.

You can opt out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page:http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on -https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page:https://policies.google.com/privacy?hl=en

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page:https://www.facebook.com/help/164968693837950

To opt-out from Facebook's interest-based ads follow these instructions from Facebook:https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USAhttp://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canadahttp://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europehttp://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy:https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the site. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your Personal Information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links to Other Sites

Our site may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. 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.

Children's Privacy

While those under the age of 16 may browse our site, we do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Tusk collects and uses your information described here, your choices and rights regarding such use, or if applicable, wish to exercise your rights under the Applicable Data Privacy Laws law, please do not hesitate to contact us at:

Phone: (503) 894-8082

Website: https://www.tuskpdx.com/

Email: privacy@tuskpdx.com

Postal Address: 2448 E Burnside St, Portland, OR 97214