THIS PAGE CONTAINS OUR FULL PRIVACY, SAFETY,SECURITY, and TERMS & CONDITIONS OF USE for our WEBSITE

PRIVACY, SAFETY, SECURITY POLICIES and LEGAL TERMS & CONDITIONS OF USE

Policies and Terms & Conditions of Use were last updated on October 2023.

We get it, Privacy, Safety, & Security Policies and Terms & Conditions of Use can be a bit boring and often ignored. They are important though, and we ask that everyone using our site to purchase fun and wonderful gifts & décor please take time to fully review and understand our full Privacy Policy and Terms & Conditions of Use of our site. We are a small company made up of real everyday people just like You, and We strive to protect your personal information and limit its use, and to provide other important information and disclosures up front.

Age and Responsibility. By accessing and using the Site, including any services we offer such as ordering items and interacting with our blog, you represent that you are at least 18 years old or older, if legally required, to enter into any agreements through the services we offer on the Site.

Other Ways to Order

If you aren’t in agreement (or unable to agree) with anything on this Policies and Terms & Conditions of Use Page or this Site, please do not provide your information or order from our site. You are welcome to visit our store in person at 402 Pacific Avenue, Bremerton, WA 98337 or call our store directly to make a purchase over the phone without placing an order online and your information being stored/used/tracked as outlined below.

PRIVACY

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your

information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service.

By using the Service, You agree to the automatic collection and use of information in accordance with these Privacy, Safety, and Security Policies and Terms & Conditions of Use. If you do not agree with the necessary collection and use of Your information please do NOT use Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

● "Account" means a unique account created for You to access our Service or parts of our Service.

● "Business", for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company

as the legal entity that collects Consumers' personal information and determines the purposes and

means of the processing of Consumers' personal information, or on behalf of which such information

is collected and that alone, or jointly with others, determines the purposes and means of the

processing of consumers' personal information, that does business in the State of California.

● "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to

Harris Family Holdings LLC dba downtownmercantile.com and The Bremerton Mercantile shipping from 402 Pacific Ave, Bremerton, WA 98337 with mailing address at 81 E Union Ridge Rd, Union, WA 98592.

● "Country" refers to United States.

● "Consumer", for the purpose of the CCPA (California Consumer Privacy Act), means a natural

person who is a California resident. A resident, as defined in the law, includes (1) every individual

who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is

domiciled in the USA who is outside the USA for a temporary or transitory purpose.

● "Cookies" are small files that are placed on Your computer, mobile device or any other device by a

website, containing the details of Your browsing history on that website among its many uses.

● "Device" means any device that can access the Service such as a computer, a cell phone or a

digital tablet.

● "Do Not Track (DNT)”is a concept that has been promoted by US regulatory authorities, in particular

the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a

mechanism for allowing internet users to control the tracking of their online activities across

websites.

● "Personal Data" is any information that relates to an identified or identifiable individual.

For the purposes of the CCPA, Personal Data means any information that identifies, relates to,

describes or is capable of being associated with, or could reasonably be linked, directly or indirectly,

with You.

● "Sale", for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting,

releasing, disclosing, disseminating, making available, transferring, or otherwise communicating

orally, in writing, or by electronic or other means, a Consumer's personal information to another

business or a third party for monetary or other valuable consideration.

● "Service" refers to the Website.

● "Service Provider" means any natural or legal person who processes the data on behalf of the

Company. It refers to third-party companies or individuals employed by the Company to facilitate the

Service, to provide the Service on behalf of the Company, to perform services related to the Service

or to assist the Company in analyzing how the Service is used.

● "Usage Data" refers to data collected automatically, either generated by the use of the Service or

from the Service infrastructure itself (for example, the duration of a page visit).

● "Website" refers to downtownmercantile.com, accessible from www.downtownmercantile.com

● "You" means the individual accessing or using the Service, or the company, or other legal entity on

behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

● Email address

● First name and last name

● Phone number

● Address, State, Province, ZIP/Postal code, City

● Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address),

browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the

time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information

automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You

access the Service by or through a mobile device.

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;

To provide our Users with ongoing customer assistance and technical support;

To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;

To comply with any applicable laws and regulations such as product recalls and tax reporting purposes.

Tracking Technologies and Cookie

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain

information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

● Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your

browser to refuse all 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 parts of our Service. Unless you have adjusted

Your browser setting so that it will refuse Cookies, our Service may use Cookies.

● Web Beacons. Certain sections of our Service and our emails 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 a certain section and

verifying system and server integrity).

Cookie Opt-In Banner

We utilize a cookie banner to on site that automatically disables the usage of non-essential cookies and scripts until you provide consent.

As a result, certain Marketing and Analytics integrations will only work after You approve using the relevant cookies. Below are some examples of the apps that will not work before obtaining Your consent:

Functional cookies: Hubspot and apps created by POWr.

Marketing / Advertising cookies: Marketing integrations such as Facebook Ads, Google Ads and Facebook Pixel.

Analytics cookies: Analytical tools like Google Analytics, Hotjar and Wix Analytics.

What isn't covered by the Cookie Banner?

There are elements and apps that the cookie banner cannot control. Meaning, Wix cannot guarantee that the cookie banner is able to block all potential non-essential cookies from these parties:

Third-party apps from the Wix app market or other third-party apps

Types of Cookies

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web

browser.

We use both Session and Persistent Cookies for the purposes set out below:

● Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

● Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

● Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such

as remembering your login details or language preference. The purpose of these Cookies is to

provide You with a more personal experience and to avoid You having to re-enter your preferences

every time You use the Website.

● Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users

use the Website. The information gathered via these Cookies may directly or indirectly identify you

as an individual visitor. This is because the information collected is typically linked to a

pseudonymous identifier associated with the device you use to access the Website. We may also

use these Cookies to test new pages, features or new functionality of the Website to see how our

users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our

Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
To comply with any applicable laws and regulations.

Additional ways The Company may use Personal Data for the following purposes:

● To provide and maintain our Service, including to monitor the usage of our Service.

● To manage Your Account: to manage Your registration as a user of the Service. The Personal

Data You provide can give You access to different functionalities of the Service that are available to

You as a registered user.

● For the performance of a contract: the development, compliance and undertaking of the purchase

contract for the products, items or services You have purchased or of any other contract with Us

through the Service.

● To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of

electronic communication, such as a mobile application's push notifications regarding updates or

informative communications related to the functionalities, products or contracted services, including

the security updates, when necessary or reasonable for their implementation.

● To provide You with news, special offers and general information about other goods, services and

events which we offer that are similar to those that you have already purchased or enquired about

unless You have opted not to receive such information.

● To manage Your requests: To attend and manage Your requests to Us.

● For business transfers: We may use Your information 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 Data held by Us about our Service users is among the assets transferred.

● For other purposes: We may use Your information for other purposes, such as data analysis,

identifying usage trends, determining the effectiveness of our promotional campaigns and to

evaluate and improve our Service, products, services, marketing and your experience.

Reasons We may contact You

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, notify you of an important product recall, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

We may share Your personal information in the following situations:

● With Service Providers: We may share Your personal information with Service Providers to

monitor and analyze the use of our Service, for payment processing, to contact You.

● For business transfers: We may share or transfer Your personal information in connection with, or

during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a

portion of Our business to another company.

● With Affiliates: We may share Your information with Our affiliates, in which case we will require

those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other

subsidiaries, joint venture partners or other companies that We control or that are under common

control with Us.

● With business partners: We may share Your information with Our business partners to offer You

certain products, services or promotions.

● With other users: when You share personal information or otherwise interact in the public areas

with other users, such information may be viewed by all users and may be publicly distributed

outside.

● With Your consent: We may disclose Your personal information for any other purpose with Your

consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data 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 or notify you of a product recall), resolve disputes, and enforce our legal agreements and policies.

The Company 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 Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any

other places where the parties involved in the processing are located. It means that this 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 than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your

agreement to that transfer.

The Company 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 Data 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.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred.

We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to

do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

● Comply with a legal obligation

● Protect and defend the rights or property of the Company

● Prevent or investigate possible wrongdoing in connection with the Service

● Protect the personal safety of Users of the Service or the public

● Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is very important to Us but remember that no method of transmission over the Internet, or method of electronic storage is ever 100% secure. While We strive to use all commercially acceptable means to known to us to protect Your Personal Data, We are a small company in a rapidly changing online space, We cannot ever guarantee Your Personal Data’s absolute security.

When legally possible, if you are ever uncomfortable or concerned about any use or storage of your personal data please do not provide your information or do business with our site, or contact us immediately to remove your personal data from any prior use of the site. Please note: by removing all contact information we may not be able to notify you of important product recalls should the occur. The fastest methods for contacting us are to call us directly at (360) 827-8627 or email us directly at info@downtownmercantile.com.

Website Hosting & Payment Processing Disclosures

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

All direct payment gateways offered by Wix.com and used by our company 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 credit card information by our store and its service providers.

Our company may also process payments via Square, Inc.

To protect Square account holders and their customers, all information our customers submit is encrypted to our servers, regardless of whether you’re using a public or private WiFi connection or a data service on your phone (such as 3G, 4G or EDGE). Square complies with all required PCI standards. As per our Terms, Security Policy and Privacy Policy, we will never sell information to third party vendors.

Square protects its systems with industry-leading technology and security controls, including:

Square performs data encryption.

Square’s software is developed using industry-standard security best practices.

Square’s servers are monitored around the clock by dedicated security staff.

Square’s employees act in accordance with security policies designed to keep your data safe.

Since Square itself is PCI compliant, they don’t require account holders to validate PCI compliance. Merchants who use Square for all storage, processing, and transmission of payment card data do not need to validate PCI compliance for those transactions.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect,

store, use, process and transfer information about Your activity on Our Service in accordance with their

Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and

other information that may be of interest to You. You may opt-out of receiving any, or all, of these

communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

Payments

We may provide paid products and/or services within the Service. In that case, we may 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.

CCPA Privacy Policy

This privacy notice section for California residents supplements the information contained in Our Privacy

Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

● Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet

Protocol address, email address, account name, driver's license number, passport number, or other

similar identifiers.

Collected: Yes.

● Category B: Personal information categories listed in the California Customer Records

statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description,

address, telephone number, passport number, driver's license or state identification card number,

insurance policy number, education, employment, employment history, bank account number, credit

card number, debit card number, or any other financial information, medical information, or health

insurance information. Some personal information included in this category may overlap with other

categories.

Collected: Yes.

● Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or

creed, marital status, medical condition, physical or mental disability, sex (including gender, gender

identity, gender expression, pregnancy or childbirth and related medical conditions), sexual

orientation, veteran or military status, genetic information (including familial genetic information).

Collected: No.

● Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected: Yes.

● Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used

to extract a template or other identifier or identifying information, such as, fingerprints, faceprints,

and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or

exercise data.

Collected: No.

● Category F: Internet or other similar network activity.

Examples: Interaction with our Service or advertisement.

Collected: Yes.

● Category G: Geolocation data.

Examples: Approximate physical location.

Collected: No.

● Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: No.

● Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: No.

● Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or

party acting on its behalf, such as grades, transcripts, class lists, student schedules, student

identification codes, student financial information, or student disciplinary records.

Collected: No.

● Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person's preferences, characteristics, psychological trends,

predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected: No.

Under CCPA, personal information does not include:

● Publicly available information from government records

● Deidentified or aggregated consumer information

● Information excluded from the CCPA's scope, such as:

● 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 (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information

Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Sources of Personal Information

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

● Directly from You. For example, from the forms You complete on our Service, preferences You

express or provide through our Service, or from Your purchases on our Service.

● Indirectly from You. For example, from observing Your activity on our Service.

● Automatically from You. For example, through cookies We or our Service Providers set on Your

Device as You navigate through our Service.

● From Service Providers. For example, third-party vendors to monitor and analyze the use of our

Service, third-party vendors for payment processing, or other third-party vendors that We use to

provide the Service to You.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for "business purposes" or "commercial purposes"(as defined under the CCPA), which may include the following examples:

● To operate our Service and provide You with our Service.

● To provide You with support and to respond to Your inquiries, including to investigate and address

Your concerns and monitor and improve our Service.

● To fulfill or meet the reason You provided the information. For example, if You share Your contact

information to ask a question about our Service, 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.

● 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.

● For internal administrative and auditing purposes.

● To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity,

including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We

collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following

categories of personal information for business or commercial purposes:

● Category A: Identifiers

● Category B: Personal information categories listed in the California Customer Records statute (Cal.

Civ. Code § 1798.80(e))

● Category D: Commercial information

● Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all

examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a

contract that describes the purpose and requires the recipient to both keep that personal information

confidential and not use it for any purpose except performing the contract.

Sale of Personal Information

As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all

examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of personal

information:

● Category A: Identifiers

● Category B: Personal information categories listed in the California Customer Records statute (Cal.

Civ. Code § 1798.80(e))

● Category D: Commercial information

● Category F: Internet or other similar network activity

Share of Personal Information

We may share Your personal information identified in the above categories with the following categories of third parties:

● Service Providers

● Payment processors

● Our affiliates

● Our business partners

● Third party vendors to whom You or Your agents authorize Us to disclose Your personal information

in connection with products or services We provide to You

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service,

although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers We actually know are less than 16 years of age,

unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal

information, please contact Us with sufficient detail to enable Us to delete that information.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

● The right to notice. You have the right to be notified which categories of Personal Data are being

collected and the purposes for which the Personal Data is being used.

● The right to request. Under CCPA, You have the right to request that We disclose information to

You about Our collection, use, sale, disclosure for business purposes and share of personal

information. Once We receive and confirm Your request, 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

○ If we sold Your personal information or disclosed Your personal information for a business

purpose, We will disclose to You:

■ The categories of personal information categories sold

■ The categories of personal information categories disclosed

● The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not

sell Your personal information. To submit an opt-out request please contact Us.

● The right to delete Personal Data. You have the right to request the deletion of Your Personal

Data, subject to certain exceptions. Once We receive and confirm Your request, 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 Providers 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, 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.).

○ 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.

○ 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.

● The right not to be discriminated against. You have the right not to be discriminated against for

exercising any of Your consumer's rights, including by:

○ Denying goods or services to You

○ Charging different prices or rates for goods or services, including the use of discounts or

other benefits or imposing penalties

○ Providing a different level or quality of goods or services to You

○ Suggesting that You will receive a different price or rate for goods or services or a different

level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

● By visiting this page on our website: www.downtownmercantile.com

● By sending us an email: info@downtownmercantile.com

Only You, or a person registered with the California Secretary of State that You authorize to act on Your

behalf, may make a verifiable request related to Your personal information.

Your request to Us 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 the required information if we cannot:

● Verify Your identity or authority to make the request

● And confirm that the personal information relates to You

● We will disclose and deliver the required information free of charge within 45 days of receiving Your

verifiable request. The time period to provide the required information may be extended once by an

additional 45 days when reasonably necessary and with prior notice.

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

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.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a

verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers we partner with (for example, our analytics or advertising partners) may use

technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our

instructions presented on the Service:

● The NAI's opt-out platform: http://www.networkadvertising.org/choices/

● The EDAA's opt-out platform http://www.youronlinechoices.com/

● The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you

change browsers or delete the cookies saved by your browser, You will need to opt out again.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

● "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices

● "Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from Your mobile device by changing the

preferences on Your mobile device.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally

identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires

consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites 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.

Cross-Border Data Transmission

Downtownmercantile.com is headquartered in the United States of America (“USA“) and all of our primary data storage and processing facilities are in that country. If you are accessing the Site from another country, please note that all data we collect will be transmitted outside of your country and into the USA, where it will reside and be processed. In addition, your data may pass through or be temporarily stored or processed in countries beyond your country and the USA. By continuing to access this Site, you explicitly consent to have your data so transmitted and stored. Please review our Privacy Policy to see what types of data we collect, transmit, process and store.

Changes to these Policies and Terms & Conditions of Use

We reserve the right to make changes to the Site, these Policies, Terms and any other disclaimers, terms, or conditions on the Site at any time and without notice to you. Any such changes will be incorporated into these Policies, Terms & Conditions on this Page and considered binding.

You are advised to review these Privacy, Safety, and Security Policies and Terms & Conditions of Use periodically for any changes.

Changes are effective when they are posted on this page, regardless of the date of update listed at the top of the page.

Downtownmercantile.com Intellectual Property

Except for any content you provide to us via the Site, ownership of which is discussed below, all content on the Site (including text, graphics, logos, icons, images, downloadable files, blog posts, and video clips) (the “downtownmercantile.com Content”) is the exclusive property of downtownmercantile.com or its content suppliers or partners and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of downtownmercantile.com and is also protected by U.S. and international copyright laws. We permit you to use the Site for personal purposes only or to engage in legitimate use of Services. You may not use the site for commercial purposes—i.e. to generate income for yourself. Any other use, including the copying, sale, modification, distribution, transmission, republication, display, or performance, of the downtownmercantile.com Content, or any other content on the Site, is strictly prohibited. For copyright inquiries, including reprint rights, please contact the info@downtownmercantile.com.

Restrictions on Use of the Site

As mentioned above, you may only use the Site for personal reasons or to engage in legitimate commercial transactions proposed on the Site. You agree that you will only use the Site for lawful purposes and will also not use the Site for any purpose not specifically permitted under these Terms, including, without limitation, using bots or spiders to scrape any content, or using code intended to frame or impermissibly add content to the Site.

User Content

There are a few places on the Site where we invite your comments and submissions; we hope you choose to participate! Here are the terms about any content (including text, images and graphics) (“User Content“) you provide to us via certain functions on the Site. Please note that if you choose to submit your event for inclusion into our on-line calendar (see https://visitseattle.org/things-to-do/events/submit-your-event/), you will be asked to provide a description of your proposed event, which we consider User Content.

Responsibility

You are solely responsible for your User Generated Content (including any liabilities) and, subject to these Terms, may be required to indemnify Visit Seattle from any claims arising or relating to such User Content. Also, you are responsible for any User Content posted using your name, email address or other account information we may require, whether you authorized that use or not. Please be sure to keep any user names and passwords you use on our Site secret.

License

In addition, and except for any Personal Information, our use of which is governed by our Privacy Policy, you grant Visit Seattle a perpetual, irrevocable, fully-paid up, worldwide license to copy, modify, compile, alter, maintain, store, create derivative works from and otherwise use all your User Content for any purpose at any time, to be determined in our sole discretion. You understand and agree that you are not entitled to any payment for Visit Seattle’s use of your User Content in any form. You further agree to waive, to the maximum extent permitted by law, any and all right of attribution or any other “moral right” which may vest in your User Content.

Right to Use

If you upload User Content to the Site, this will constitute your representation and warranty that you have the lawful right to distribute and reproduce your User Content

Prohibited Content

We have determined that certain User Content is prohibited on our Site (“Prohibited Content“). You agree that you will not submit any Prohibited Content, which is any User Content that:

is illegal or encourages or solicits illegal behavior, including any User Content that infringes any third-party intellectual property rights;
is obscene, harassing, pornographic, inflammatory, profane or bigoted;
contains any virus, Trojan Horse or similar code designed to disrupt the Site, our systems or other computers or applications;
contains any Personal Information other than your own.

Remedies for Violation of the Terms

If we learn that you have violated these Terms, including posting Prohibited Content or making unauthorized use of it, we may, in addition to any other rights or remedies available to us and without any liability whatsoever, terminate or restrict your access to the Site. If we do so, the license we granted you above will be considered terminated.

Third-Party Content and Links

We may, from time to time, post articles, videos or other content provided by manufacturers, vendors, resellers, bloggers, social media personalities, or other people and we may also allow advertisers and partners to post content on the Site and provide links to sites and content of third parties (collectively the “Third-Party Content”) for those interested in this information. Unless specifically indicated on the Site near the Third-Party Content, we do not control, endorse or adopt any Third-Party Content or the third-parties that provide it, and we make no representation or warranties of any kind regarding the Third-Party Content, including its accuracy. You acknowledge and agree that we are not responsible, and will not be held liable for, such Third-Party Content. Finally, if you choose to click on a third-party link to visit another website, you acknowledge and agree that the third-party who owns or operates the website’s terms of use and privacy policy, or similar policies—and not Downtownmercantile.com's —will govern your use of that site.

Indemnification

You agree to defend, indemnify and hold us, any underlying carrier or network provider and any of our affiliates, officers, partners, owners, directors, employees, and assigns harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site, including your submission of User Content, or your violation of these Terms. You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.

Warranty Disclaimers and Waiver

Disclaimer of Warranties, Generally

The Site, and all Downtownmercantile.com Content, Third-Party Content and other materials, information, products and services included in or made available in connection with the site are provided “as is,” with no warranties whatsoever. We expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We also disclaim any warranties regarding the accuracy, security, reliability, timeliness, availability, compatibility and performance of the site and information thereon. We further disclaim any warranties for any information or advice obtained through any content on the site. Finally, we disclaim any warranties for services or goods received through or advertised on the site or in connection with the site or received through any links provided on the site, as well as for any information or advice received through any links provided on the site.

Assumption of Risk

You agree that your use of the Site and all User Content or other information you provide or submit shall be at your sole risk.

Waiver of Claims

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST HARRIS FAMILY HOLDINGS LLC DBA DOWNTOWNMERCANTILE.COM AND THE BREMERTON MERCANTILE.COM, ITS AFFILIATES, DIRECTORS, OFFICERS, PARNTERS, OWNERS, EMPLOYEES AND AGENTS WITH RESPECT TO OUR SITE AND ANY CONTENT ON THE SITE (INCLUDING USER CONTENT), AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Limitation of Liability

You agree by using Our Site, that Harris Family Holdings LLC dba Downtownmercantile.com and The Bremerton Mercantile will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data or costs of replacement goods) arising out of or relating to your use or inability to use the Site or resulting from use of or reliance on the information present, even if we may have been advised of the possibility of such damages. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Harris Family Holdings LLC dba Downtownmercantile.com and The Bremerton Mercantile or other Affiliates, Directors, Officers, Partners, Owners, Employees and Agents with Respect to our Site aggregate liability shall not exceed $100.00

Remedy

If you are dissatisfied with the Site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us with respect to these terms or the site, then your sole and exclusive remedy is to discontinue using the Site.

Limitation of Liability Not Permitted

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Governing Law, Jurisdiction and Venue

These Terms are governed by the laws of the State of Washington, United States, without giving effect to its conflicts of laws principles. You consent to accept these Terms under the applicable laws of the State of Washington, and agree that any disputes arising under these Terms will be subject to the courts of competent jurisdiction therein. Venue for any such disputes will be in the courts of King County, Washington and you agree that venue is convenient.

If you have any questions about this Privacy Policy, You can contact us:

● By visiting this page on our website: www.downtownmercantile.com

● By sending us an email: info@downtownmercantile.com (please make the subject line: POLICIES INQUIRY).

● By direct mailing our store at:

DowntownMercantile.com

c/o The Bremerton Mercantile

402 Pacific Ave

Bremerton, WA 98337

Located in Downtown Bremerton, WA, we ONLY ship from/to Washington State

THIS PAGE CONTAINS OUR FULL PRIVACY, SAFETY,SECURITY, and TERMS & CONDITIONS OF USE for our WEBSITE

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