Tabayer (“Tabayer,” “we,” “our” or “us”) values your online privacy.  In an effort to provide our users and customers (“you” or “your”) with more details about our information collection and use practices, we have created this Privacy Policy (“Policy”).  This Policy details the information that we collect from you when you visit www.tabayer.com (the “Website”).  If you have any questions about this Policy, please feel free to contact us using one of the methods provided at the very bottom of this document. 

WHAT INFORMATION DOES TABAYER COLLECT? 

The information that we collect through the Website depends upon your interactions with us as detailed below:

• Our Website includes functionality that enables you to join our newsletter by scrolling to the bottom of any page on our Website or clicking the “Newsletter” hyperlink. If you choose to register to receive our newsletter, we will collect your email address (“Newsletter Information”).

• If you contact us by email, or Whatsapp, we will collect your name, email address or Whatsapp username, and the contents of the message that you provide to us (collectively, “General Inquiry Information”).

• In the event that you contact us by telephone, we will collect your name, telephone number, and we will document the substance of your inquiry of us (collectively, “Telephone Inquiry Information”).

• If you desire to create an account on our Website, we will collect your first name, last name, email address, password, and we will ask that you review and agree to our Privacy Policy (collectively, “Account Registration Information”).

• Whenever you choose to purchase an item from our Website, we will collect information about the particular product that you have chosen to place into your shopping bag (collectively, “Product Selection Information”).

• Should you decide to purchase the items that you have placed into your shopping bag, we afford you three different options for completing your sales transaction: (1) you may complete your sales transaction by utilizing our express checkout options with Shop Pay or Google Pay, in which case you will be redirected to the applicable provider’s website to login and complete their payment process; (2) you may log into your account by providing us with your email address, password; or (3) you may complete your transaction without having an account with us by providing us with your email address or phone number. We will also request information on your desired shipping address, including first name, last name, address, city, country/region, state, and zip code and to the extent that you do not use our express checkout (option 1), we will collect your payment card information (collectively, “Checkout Information”). 

• In connection with each sales transaction, we will also provide you with the option to opt-in to receive news and other offers from us (“Promotional Mailing Information”). You may unsubscribe from receiving promotional mailings from us by following the instructions to unsubscribe included at the bottom of each such email message or contacting us by email at inquiries@tabayer.com. 

• Our Website also utilizes internet cookies as more fully detailed in the section below entitled “Internet Cookies.” 

HOW DOES TABAYER USE THE INFORMATION IT COLLECTS?

The information that is outlined in the foregoing section is utilized by Tabayer in the following ways:

• We use Newsletter Information for purposes of adding you to our newsletter mailing list and for purposes of sending out our newsletter on a periodic basis. You may unsubscribe from our newsletter at any time by following the instructions to unsubscribe, which are included at the bottom of each such email or you may contact us by email to make the request at inquiries@tabayer.com.

• We use your General Inquiry Information and Telephone Inquiry Information for purposes of responding to your specific inquiry of us. 

• We use your Account Registration Information to create your account on our Website, to provide you with customer support, authenticate your credentials during the log in process, and with your affirmative consent, to send you promotional mailings about Tabayer news and offers.

• We use your Product Selection Information to keep track of the products that you have selected to include in your shopping bag.

• We use your Checkout Information to complete and fulfill your sales transaction with us and in connection with administering customer and product support. We store your Checkout Information excluding any payment card data, in our customer relationship management system to assist us in our customer and product support efforts. 

• We use your Promotional Mailing Information to add you to our promotional mailing list and for purposes of sending you news and offers from Tabayer. 

INTERNET COOKIES

Tabayer uses the information that is collected from internet cookies to verify your Account Registration Information when you login to the Website.  We use information from cookies to enable you to select items to include in your shopping bag, to track your preference on a particular product (i.e. desired color, setting, size, if relevant), to enable a seamless interface between our Website and any third party payment processor that you may choose to utilize as part of the checkout process, and to complete your sales transaction with us.  We use the information we collect from cookies to detect and troubleshoot problems with our Website, ecommerce store, and to combat fraud and malicious activity on our Website.  We also use aggregated and anonymized information from cookies to understand where visitors to our Website originate, the products that our visitors are most interested in, and the types of computing devices and internet web browsers that are most often used by our visitors, which we use to optimize and improve your experience on our Website.  

DOES COMPANY DISCLOSE INFORMATION TO THIRD PARTIES? 

Disclosure to Service Providers

We utilize third party service providers in connection with providing our products, ecommerce store, and Website to you.  These third party service providers include web and data hosting, ecommerce service, payment card processing, software, email, and marketing service providers.  We do not permit our third party service providers to use your personal information, such as your name, email address, mailing address, and telephone number for any other purpose except in connection with providing their services to us.    

Disclosure to Law Enforcement

Tabayer will disclose your information to the extent required by applicable law, including in response to a court order, subpoena, or other legal demand from a law enforcement or governmental agency.  Tabayer reserves the right to challenge or to seek protection from a court against disclosing any such information in its sole discretion.  We also reserve the right to disclose your information to law enforcement to the extent necessary to protect Tabayer, including its employees, property, or the safety of others. 

Sale of Business

In the event that all or substantially all of Tabayer’s assets are sold to another party or merged into another legal entity, then your information will be among the assets that are transferred to the acquiring or surviving entity in connection with such a transaction.  

Our Policy on “Do Not Track” Signals

We do not currently recognize Do Not Track (“DNT”) signals or requests from internet web browsers because there is no current standard for handling such requests. 

Children’s Privacy

We do not knowingly market, solicit, or collect personal information from anyone under the age of 18.  Users of the Website must be at least 18 years of age.  If you are the parent or guardian of a minor child and you become aware that your child has provided us with any personal information, please contact us to have it removed immediately.  

Hyperlinks to Third Party Websites

Our Website contains hyperlinks to other websites that are not owned or operated by Tabayer.  If you choose to click on a third-party hyperlink, you will be re-directed to that third party’s website.  We strongly encourage you to review the Privacy Policy for each and every website that you visit to ensure that you are comfortable with the privacy and business practices of those websites.  We do not have any control over the content, information, privacy, or business practices of any third party website.  Your use of any third party website is entirely at your own risk.  Tabayer will not be liable for any content, information, privacy or business practices of any third party website. 

Your Options Regarding Your Information

We value your privacy. Should you wish to review, update, or delete any of your information, you may do so by logging into your account or you may contact us using the information listed under the heading, “Contact Us.” Please also include the subject “Data Request” in your message so that we may more quickly identify your request. We ask that you clearly describe your request to us in your communication so that we can locate your information and include your name and email address so that we can contact you to verify your request or to obtain additional information that may be necessary to complete your request.  Please do not provide us any personal information other than your name and email address. 

Revisions to this Policy

Tabayer reserves the right to revise this Policy in its sole discretion.  In the event that we choose to revise this Policy, we will update the Last Modified Date that is included at the top of this document.  Except as required by applicable law, revisions to this Policy will become effective upon the date of posting.  It is your responsibility to regularly check this Policy to keep yourself advised of any changes.  If you do not agree with any update to this Policy, then you must immediately cease your use of the Website and end your browsing session.  Unless otherwise required by applicable law, any use of the Website after the posting of any revisions shall constitute your unconditional acceptance of such revisions.  In the event that we make a material change to the manner in which we collect, use, or disclose information, we will provide notice on the main page of the Website to direct your attention to the revised Policy.  

European Union’s General Data Protection Regulation

The European Union’s (“EU”) General Data Protection Regulation (“GDPR”) imposes certain disclosure requirements on us for data subjects that are located within the EU.  References contained in this Section to terms such as “controller,” “data subject,” “personal data,” “processor,” and “supervisory authority” are intended to have the same meanings conferred in Regulation (EU) 2016/679 of the European Parliament and of Council of 27 April 2016. 

Identity of the Controller

Tabayer LLC, Suite 609, 501 Fifth Avenue, ​New York, NY 10017.

PURPOSES OF PROCESSING

The personal data that we collect from you is processed for the purposes detailed in the Policy. 

• If you provide us with Newsletter Information, the legal basis for our processing is your affirmative consent. 

• If you contact us with General Inquiry Information or Telephone Inquiry Information, the legal basis for our processing is both your consent and our legitimate basis in responding to questions specifically addressed to our business.

• Our basis for processing your Account Registration Information is your both your consent and processing that is necessary in connection with our performance of a contract with you, as set forth in our Terms of Service, which is incorporated by reference herein.

• The legal basis for our processing of Product Selection Information and Checkout Information is based on your consent, processing that is necessary in connection with our performance of a contract (e.g. our sales transaction with you), and our legitimate basis in responding to orders from our customers. 

• The legal basis for our processing of Promotional Mailing Information is your affirmative consent.

• The legal basis for our processing of information collected from cookies in connection with your selection of products on our Website, logging into your user account, and completing your sales transaction is processing that is necessary for purposes of fulfilling a contract with us as this functionality is a necessary component of completing sales transactions through our ecommerce store. The legal basis for our processing of all other information from cookies is based upon your consent.  

CATEGORIES OF RECIPIENTS OF PERSONAL DATA

We provide personal data to third parties in accordance with the terms of this Policy, including to third party service providers as detailed above.   

Transfers of Personal Data

Tabayer is located within the State of Florida, U.S.A.  To the extent that any personal data is transferred out of the EU or European Economic Area, such transfers will be conducted utilizing appropriate and suitable safeguards in accordance with applicable privacy laws and regulations and by using approved mechanisms for transferring personal data, including the model clauses approved by the European Commission. 

Personal Data Retention Period

We will maintain your personal data for as long as you maintain a customer account unless and thereafter for only as long as required to comply with our legal obligations, and any obligation we may have under any applicable product warranties. 

Statutory or Contractual Requirement for Personal Data

Your Account Registration Information together with your Product Selection Information, and Checkout Information are categories of data that are contractually required by us in order to fulfill our contractual obligations to you.  Depending upon the given function that you choose to utilize on our Website, certain information contained in a form may be designated as either “required” or “optional” for you to provide to us.  Where we designate information as being required in connection with a particular function or online form on the Website, this information is required in order to complete the function or submit the form to us.  If you do not provide us with the required information, you will not be permitted to complete the request.  Information that is designated as being “optional” to provide to us, is optional and is not required to complete the function or submit your request. 

EU Data Rights

Pursuant to the GDPR, data subjects have certain rights, including the following:

(1) the right to request access to the data subject’s personal data,

(2) the right to request rectification of inaccurate personal data that we have about that data subject,

(3) the right to object to a processing activity under certain circumstances,

(4) the right to data portability for the personal data that we maintain about the data subject,

(5) the right for a data subject to have such data subject’s personal data erased or deleted,

(6) the right to impose a restriction on our processing of the data subject’s personal data under certain circumstances,

(7) the right to lodge a complaint against us with a supervisory authority, and

(8) to the extent our processing of the data subject’s personal data is based upon consent, the data subject has the right to withdraw the data subject’s consent at any time. 

A data subject may exercise any of their data rights by contacting us using the information provided below.  Please be sure to clearly explain the data right(s) you wish to exercise to enable us to fulfill your request.

CONTACT US

If you have any questions about this Privacy Policy, or would like to exercise your data rights under the GDPR, please contact us using one of the following methods:

By email: inquiries@tabayer.com

By mail: Tabayer LLC, Suite 609, 501 Fifth Avenue, ​New York, NY 10017.