Terms & Conditions Privacy Policy
Terms & Conditions
TERMS OF SERVICE
Please read these Terms of Service carefully (“Terms”). These Terms, which incorporate our Privacy Policy and other policies posted on the Site (as defined herein), as amended from time to time, establish and govern the relationship between ColossalFish(“ColossalFish” or “we” or “our”) and you, the end-user (“End User” or “you” or “your”) of www. colossal.fish (the “Site”) regarding our services provided pursuant to this Site (the “Services”), including the purchase of any products offered for sale on the Site (the “Products”). These Terms constitute a legal contract with all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. As such, by accessing, navigating and utilizing the Site, you hereby acknowledge and agree to be bound by these Terms, as updated, from time to time, by ColossalFish.If you do not agree to be bound by all of these Terms, do not access or utilize the Services provided by the Site.
At some point, different areas of the Services and your access to or use of certain Services or Content (defined below) may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms posted for a specific area of the Services or Site Content, the terms and conditions posted for a specific area will take precedence with respect to your use of or access to that area of the Services or Site Content.
Changes to Terms
ColossalFish may, in its sole discretion, modify these Terms and its prices for any Products, limit the sales of the Products or Services to any person, geographic region or jurisdiction, limit the quantities of any Products or Services that we offer, or discontinue the sale of such Products or Services, at any time without prior notice. Without limiting the foregoing, all descriptions of Products or Product pricing are subject to change at any time without notice. If we do so we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the modified Terms whenever we revise them because your continued use of the Site shall constitute your agreement to be bound by the modified Terms. Your continued use will be governed by the modified Terms as well, and any new features or tools which are added to the Site are subject to these Terms of Service. Because our Services are evolving, if the revised Terms are not acceptable to you, you must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to you.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We have made every effort to display as accurately as possible the colors and images of our Products on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Eligibility and Account Registration
If you would like to use our Services to order any Products from the Site, you will be required to register to create an account with ColossalFish(“Account”) or sign in as a “Guest”. In either event, the Services are intended solely for businesses or persons who are 18 or older or, if the age of majority in your state or place of residence is higher than 18, then such higher age. Any access to or use of the Services by anyone under 18 is expressly prohibited. By creating an Account or signing in as a “Guest” and accessing or using the Services you represent and warrant that you are 18 or older, or the age of majority in your state if higher than 18.
When creating an Account or signing in as a “Guest”, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to (i) suspend or terminate your Account or cancel any purchase made while signing in as a “Guest” if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or (ii) reclaim any username that you create through the Services that violates these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account or when you sign in as a “Guest”.
Content on the Site
For the purposes of these Terms:
“Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
“ColossalFish Content” means all Content that ColossalFish provides on the Site or makes available through the Services, including any Content licensed from a third party, but excluding End User Content.
“End User Content” means all Content that an end user posts, uploads, publishes, submits or transmits to be made available through the Services.
“Site Content” means, collectively, Content, End User Content and ColossalFish Content.
Subject to your compliance with the terms and conditions of these Terms, ColossalFish grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any ColossalFish Content solely for your personal and non-commercial purposes or your internal business purposes.
You acknowledge and agree not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ColossalFish or its licensors, except for the licenses and rights expressly granted in these Terms. You agree that you have no right to, or title in or to, any Site Content (except for the End User Content that you provide) or any other attributes associated with your Account.
You agree that you are solely responsible for all your End User Content. You represent and warrant that: (a) you own or have the right to use the End User Content that you provide through the Services, and (b) you have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to ColossalFish the rights in any End User Content you provide via the Services. You also represent and warrant that your End User Content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Finally, you grant ColossalFish a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the End User Content you submit in connection with the Service and ColossalFish.’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
ColossalFish respects copyright law and expects you to do the same. ColossalFish has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Account holders who infringe the rights of copyright holders.
What Not to Do
The Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Services, ColossalFish.’ name, any ColossalFish trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ColossalFish express written consent;
Access, tamper with, or use non-public areas of the Services, ColossalFish computer systems, or the technical delivery systems of ColossalFish providers;
Attempt to probe, scan, or test the vulnerability of any ColossalFish system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ColossalFish or any of ColossalFish providers or any other third party (including another End User) to protect the Services or Site Content;
Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ColossalFish or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a ColossalFish trademark, logo URL or Product name without ColossalFish express written consent;
Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
Interfere with, or attempt to interfere with, the access of any End Users, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services, or otherwise introduce or transmit any worms, viruses or code of a destructive nature;
Collect or store any personally identifiable information from the Services from End Users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation, including but not limited to copyright laws, or use the Site for any unauthorized purpose;
Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided; or
Encourage or enable any other individual to do any of the foregoing.
ColossalFish has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ColossalFish may involve and cooperate with law enforcement authorities in prosecuting end users who violate these Terms. You acknowledge that ColossalFish has no obligation to monitor your access to or use of the Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ColossalFish reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that ColossalFish, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
Termination and Account Suspension or Cancellation
If you breach any of these Terms, or if we reasonably believe that your Account has been compromised or “hacked,” we have the right to suspend or disable your access to your Account and/or your use of the Services. In the event ColossalFish terminates your Account for your breach of these Terms, you will remain liable for all amounts due hereunder. Subject to these Terms, you may cancel your Account at any time by sending an email to info@colossal.fish. As stated above under the section titled “Changes to Terms”, we may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion.
Orders
ColossalFish will check the information provided by you to confirm your purported identity, payment method and shipping address. Your receipt of any type of acknowledgement from us regarding your order shall not signify an acceptance of your order or constitute a confirmation of your order. ColossalFish reserves the right to reject or limit any order you place with us, for any reason or no reason at all. We will attempt to notify you in the even your order is rejected or limited. In the event your order is rejected or limited, we will endeavor to charge, or not charge, your credit card or other payment method accordingly. In the event your credit card or other payment method has been erroneously charged, we will refund any erroneous charge.
All orders placed through the Site are subject to Product availability. ColossalFish will ship all Products in accordance with its shipping policy. However, while ColossalFish will endeavor to ship all Products timely and accurately, we must rely on the address and shipping information you provide. In the event there is an error with the address or shipping information provided, we reserve the right to limit refunds. If, at any time, you have problems with an order, please contact us at info@colossal.fish and we will happily discuss your order and any refunds or exchanges to which you may be entitled. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Disclaimer
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, COLOSSALFISH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER COLOSSALFISH NOR ANY OF ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, "ASSOCIATES") MAKE ANY WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEITHER COLOSSALFISH NOR ANY ASSOCIATES MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER COLOSSALFISH, ANY ASSOCIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR SITE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLOSSALFISH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
IN NO EVENT WILL COLOSSALFISH AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS OR (II) THE USE OF OR INABILITY TO USE THE SERVICES, OR SITE CONTENT EXCEED THE FEES PAID BY THE END USER TO COLOSSALFISH, OR ONE HUNDRED DOLLARS ($100), IF THERE ARE NO SERVICE FEES PAID BY THE END USER, WHICHEVER IS LESS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLOSSALFISH AND YOU.
Notwithstanding anything to the contrary herein, if you have given ColossalFish notice of a Dispute under the section called “How Disputes Will Be Handled” (below), no change to the “Limitation of Liability” section after ColossalFish received your notice will apply to the Dispute.
Indemnity
You agree to indemnify and hold harmless ColossalFish and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with (i) your access to or use of the Services or Site Content or your violation of these Terms; or (ii) your End User Content.
How Disputes Will Be Handled
These Terms and any disputes related to them or to your use of the Services will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“IP Disputes”) will be the state and federal courts located in Cook County, Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You and ColossalFish agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COLOSSALFISH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and COLOSSALFISH otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
General
The Services may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third-party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
In addition, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
You agree to comply with all laws or regulations relevant to the Site, the Services and the Products.
Please refer to our Privacy Policy (https://www.colossal.fish/pages/privacy-policy for information on how we collect, use and disclose information from End Users.
Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of ColossalFish to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ColossalFish.Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ColossalFish, as determined by ColossalFish in its sole and absolute discretion, (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms of Service and any separate agreements whereby we provide you regarding the Products or Services shall be governed by and construed in accordance with the laws of the State of Delaware.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and you can submit Feedback by emailing us at info@colossal.fish . You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Contacting ColossalFish
If you have any questions about these Terms, please contact us at info@colossal.fish
Privacy Policy
COLOSSALFISH WEBSITE PRIVACY POLICY
This Privacy Policy outlines how ColossalFish (“ColossalFish “we” or “us”) collect, use, and safeguard your information on our website, www.pre-brands.com (the "Website"). This Privacy Policy applies only to information we collect through the Website.
Changes to this Privacy Policy. This Privacy Policy may be updated periodically without notice to you to reflect changes in our online information practices. Our most current Privacy Policy is always available on our Website. The most recent revision date is shown at the end of the Policy. Any changes to our Privacy Policy will supersede this version of our Policy. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If ColossalFish is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Contact Us. If you have questions about this Privacy Policy, any of the personal information we have about you or wish to "opt out" of certain kinds of information uses, you can contact us at:
ColossalFish LLC
244, Fifth Ave, Suite B80,
New York, N.Y. 10001, USA
Or by email at: info@colossal.fish
Please see the section below captioned "How You May Opt Out of Our Information Uses" regarding your right to ask us not to use your information for certain purposes.
Information We Collect and How We Use It. The information we collect generally falls into two categories: (1) personal information you provide voluntarily; and (2) tracking information we collect automatically as you navigate through the Website. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, or enter a contest, we imply that you consent to our collecting such information and using it for those specific reasons only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to decline to disclose such information.
Personal Information. When you make a purchase, take a survey, enter a contest, request other information, products, or services, or otherwise communicate with us through the Website, we may ask for your name, mailing address, email address, telephone number, date of birth, credit card information, or other personal information. We use this information to complete the transaction you are requesting, customize your online experience, provide you with personalized email and direct mail messages, and help us improve the Website.
Tracking Information. When you visit our Website, we automatically collect tracking information such as your browser type, the type of operating system you use, which pages you visited on our Website, your device IP address and which search terms you entered. Most tracking information is collected via cookies or other technical methods. We use cookies, Web beacons, and other technologies for analysis and personalized services.
Third Party Providers Generally. In general, the third-party providers used by us in connection with our Website activities will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their respective privacy policies in order to better understand the manner in which your personal information will be handled by these providers. You should be aware that certain third-party service providers may operate in different jurisdictions than either you or us. Therefore, if you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which such service provider or its facilities are located. In addition, once you leave our Website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Website’s Terms of Service.
Shopify. Our online store is hosted on Shopify Inc. (www.shopify.com). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete a purchase on our Website, Shopify will store your credit card data. This data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of firms such as 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. For more information, please read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).
Cookies. A cookie is a small text file that is sent to your computer by our Website's server. We use cookies to collect tracking information and to remember information you have given us, so you don't have to reenter the information each time you visit our Website. Most web browsers can be set to decline cookies or to inform you when a cookie has been sent to you and provide you with an opportunity to refuse that cookie or to remove it later. If you remove or chose not to accept our cookies, you will need to reenter your information and reselect your preferences each time you visit our Website, and you may not be able to access particular parts of our Website.
Below is a list of cookies that are used by Shopify. They are listed to allow you to determine whether you may want to refuse to accept these cookies.
_session_id: unique token; sessional; allows Shopify to store information about your session (referrer, landing page, etc.).
• _shopify_visit: no data held; persistent for 30 minutes from the last visit; used by our Website provider’s internal stats tracker to record the number of visits.
• _shopify_uniq: no data held; expires midnight (relative to the visitor) of the next day; counts the number of visits to a store by a single customer.
• _cart: unique token; persistent for 2 weeks; stores information about the contents of your cart.
• _secure_session_id: unique token; sessional.
• _storefront_digest: unique token; indefinite; if the shop has a password, this is used to determine if the current visitor has access.
ColossalFish employs certain subpages of our Website as plugins for the social networking site Pinterest, which is operated by Pinterest, Inc. By activating the plugin and using the ‘Pin It’ button, your page visit is linked to your Pinterest board and shared with other users. This data is transmitted to Pinterest. For more information on Pinterest’s policies regarding the use of your information, please refer to the Pinterest Privacy Policy at https://policy.pinterest.com/en/privacy-policy.
How Your Information Will Be Used. We will use the information we collect from and about you for various purposes, including to respond to your requests, provide you with our product and service offerings, improve our Website, customize your experience on our Website, notify you about any changes to our Website, such as new products or services, and monitor postings on any bulletin board or chat areas we may make available. Our primary goal is to provide you with a customized experience and to make our products, programs, and services more useful to you. Further, we may use the information we collect from you, or permit selected third parties to use such information, so that you can be provided with information about goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods to which you consented at the time your information was collected. If you do not want us to use your data for any of these purposes, you will have the opportunity to withhold your consent when you provide your details to us on the Website. Finally, as indicated below, we may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
How Your Information Will Be Shared. We value your privacy and will not sell your personal information to third parties. However, we may share your information with third parties under limited circumstances.
Service Providers. We may share your information with third-party service providers who help us operate and maintain our Website or deliver our products and services. Except as provided above, any third-party service provider with whom we share your information will be contractually restricted from using or disclosing your personal information for any purpose other than as necessary to provide the services for which the information was disclosed.
For Legal Purposes. We will release information when we believe we are legally required to do so, such as in response to a court order or subpoena. We may also be required to release information if we are purchasing or selling a business, although in such cases your information may be covered by a non-disclosure agreement. Finally, we may release information in order to establish, exercise or defend our legal rights.
Aggregate Information. We may disclose to third parties non-personally-identifiable aggregate statistics, such as overall patterns or demographic reports, regarding user behavior as a measure of interest in, and use of, our Website and marketing materials. Aggregate disclosures will not describe or identify any individual user.
How You May Opt Out of Our Information Uses. If you do not wish to receive marketing information from us in the future, you may opt out by clicking on the "unsubscribe" or “opt out” link included in a marketing email or by contacting us at the postal or email address at the beginning of this Policy, in the Section captioned "Contact Us." We will make reasonable efforts to honor your request promptly.
You cannot opt out of our use of your information for legal purposes or to complete a transaction or respond to a request that you have initiated.
Updating or Correcting Your Information. We do not provide Website visitors with access to information that we have collected about them. If you would like to receive a copy of the information we have about you, please send a request to us using the postal or email address shown above in the Section captioned "Contact Us." If the information is incorrect or incomplete, please let us know and we will use reasonable efforts to update or correct it promptly.
Security. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. We maintain a secure process to collect, transmit, and store your personal information. When you provide credit card information online, we use secure socket layer (SSL) encryption to protect it. However, no method of transmitting or storing electronic data is ever completely secure, so we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Policy. In particular, the transmission of electronic data via the Internet is not completely secure, and therefore we cannot guarantee the security of such data sent to us electronically, and transmission of such data is therefore at your own risk.
We urge you to keep your online password in a safe place and not to disclose it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This ensures that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place, such as a library or Internet cafe. You agree to notify ColossalFish immediately of any unauthorized use of your account or any other breach of security. ColossalFish will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Minors. This Website is not directed to children under the age of majority in your state or province and we do not knowingly collect personal information from children under the majority on our Website. If we become aware that we have inadvertently received personal information from a visitor under the age of 18 on our Website, we will delete the information from our records. By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Last Update. This Privacy Policy was last updated and is effective as of March 08, 2022.