Cafepress Privacy Notice

The privacy and security of your information is very important to us. We have made changes to the Privacy Notice that apply with respect to information that you provide on or after the date indicated in the “Last Updated” legend above. These changes include:

(1) Detailed information regarding what personal information and other information we collect from you, how we collect it, and how it is used;

(2) Further descriptions of the parties with whom and for what purposes your data is shared; and

(3) What rights are available to residents of California and to individuals in the EU/EEA and Switzerland including regarding the status of our EU-US and Swiss-US Privacy Shield Certifications for international data transfers.

1. WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?

We collect information directly from you as a user of our Site and Services, such as when you use our Services to create or buy products that are uniquely you, sign up to receive special offers from us or register for an account with us. We also collect certain information automatically through your use of our Site or Services. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.

1.1. Personal information you provide.

The term “personal information” refers to any information relating to an identified or identifiable individual, or as defined under applicable law.

The kinds of personal information that we collect depend on the types of products and Services you use. We collect personal information directly from you, such as:

Registration and account set up data: When you sign up to use our Services, you may provide us with your name (first and last), email address, date of birth (month/date), and a password to access your CafePress account. We use this information to create your CafePress account, where all of your content, creations, and other activities are stored. We also use this information to help verify your identity, account and account activities to ensure the safety and security of your transactions. We use your date of birth to provide you discounts and other Services that may be of interest to you on your birthday.

Profile data: When you sign up for a CafePress account, you may choose to create an account profile. When you choose to do so, we collect your name, username (if different than your name or email address), your photo or other image, your location (country and city), a link to your social media handle (e.g., via Facebook, Pinterest, or others), and any information about yourself that you choose to provide. The name associated with your account is publicly displayed and connected to your CafePress account activity.

If you choose to make your profile public, people may see your name, the country you designate in your profile, and your “About” details for your shop. You can adjust the privacy settings to your profile at any time.

Payment details when you complete a purchase: When you complete or authorize a purchase or similar transaction, we will ask for your email address, payment information, including a credit or debit card number, credit verification code (“CVV”), name (first and last), an expiration date for your credit or debit card, shipping and billing information. We may also ask you to provide your phone number.

We use third-party payment processing companies to process your payment information. This information is used to fulfill your order, and to make your shopping experience easy and efficient. Specifically, we display your delivery and billing address(es) to you during the order process so you can confirm they are correct. We also use your delivery and billing address for address verification, and include them on our invoices to assist our production partners with the shipping and handling of your order. We may print your phone number on the shipping label of your package so that the courier may contact you in the event there’s a difficulty delivering your package.

We store your shipping and billing addresses, so you won’t have to input them every time you make a purchase.

CafePress does NOT store your full credit card number or CVV.

Payment details when you sell products: If you choose to sell products on CafePress’ Site – whether on our marketplace or when you open a shop – we collect information such as your shop name, billing and payment information including your name (first and last), physical address, country of residence, phone number, your payment preference (e.g., via PayPal or mailing address), and date of birth in order to verify your identity, provide this service to you and comply with applicable law. If you choose to receive a commission on your sales, we also require your Social Security Number or Tax Identification Number (if receiving payment as an individual) or business name and Tax Identification Numbers (if receiving payment as a business) in order to verify your identity and comply with applicable law.

Contact information: When you contact us, we may collect your name (first and last), email address, or telephone number, order or product numbers (if any), store IDs/member numbers, and any other personal information you voluntarily provide. We use your contact information to send you newsletters, share news about new products, features, and Services, respond to your requests and inquiries, or reach out to you about issues and questions about your account.

Your photos or images: When you upload content or create products using the Services, we may collect the images that you upload. You may include image titles, and captions, and the date and time of upload.

Community postings: You can post information in CafePress blogs, forums, or other public posting areas. Any information you disclose is available to anyone with internet access. You do not have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services.

BE EXTREMELY CAREFUL WHEN DISCLOSING INFORMATION IN PUBLIC POSTING AREAS. BE AWARE THAT ANY PERSONAL INFORMATION THAT YOU CHOOSE TO SUBMIT THERE CAN BE READ, COLLECTED, OR USED BY OTHERS, OR COULD BE USED TO SEND UNSOLICITED MESSAGES TO YOU. WE ARE NOT RESPONSIBLE FOR OTHERS’ USE OF INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS INCLUDING, BUT NOT LIMITED TO, CHAT ROOMS AND FORUMS. ANY INFORMATION YOU DON’T WANT OTHERS TO KNOW SHOULD NOT BE POSTED PUBLICLY.

CafePress reserves the right to remove content or other postings from community spaces for any reason, but we generally do not do so, and your posts may remain public after your account is closed. You are responsible for the personal information that you choose to post in community spaces through the Services.

Another CafePress member may follow your public activity on the Site, such as when you add an item to your public Favorites. You may choose to make certain activities private through your account settings.

Information you provide to us when completing our surveys: If you choose to complete any of our surveys, you may share your name, email address, age, gender, answers to our surveys or comments and other information you choose to provide us in the comment fields. Our surveys are designed to collect your feedback in order for us to continually improve our Services. Participation in our surveys is completely voluntary. You choose whether to participate, and what to disclose. If you participate in a survey, your responses may be shared with third-parties we hire to conduct our surveys. We also may contact you for additional information needed to solve any issue you identify in your survey responses. We may also contact you in response to your request for help.

Employment information (job applicants): When you apply for a position with us, we also collect information about you including your name, address, resume/CV, educational details, prior experience and qualifications and any other information you choose to provide. CafePress is an equal opportunity employer.

1.2. Personal information we collect about you from others.

We may receive information about you in connection with certain CafePress features. For example, we collect your personal information (phone numbers and email addresses) when someone invites you visit the Site or a CafePress member uploads your photo or other images.

We may receive information about you and your interaction with the Services from our third-party business partners, and we may combine it with information we already have about you. We use this combined information to update, expand, and analyze our records about you; identify potential new customers; and create advertising tailored to your interests.

1.3. Other information we automatically collect.

Like many other websites, as you navigate through and interact with our Site and Services, we may use automatic collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Device information: We collect information relating to the device(s) you use to access the Services: the device model, operating system, browser type, unique device identifier, IP address, and event information (such as application installations). This information is collected automatically when you use the Services. We use this information to make navigation of our Services easier, and to personalize the content you see. We will also use this information to conduct audits and to troubleshoot problems. These activities are done using cookies and other tracking technologies. Please see Section 4 (“HOW DO WE USE COOKIES AND OTHER TRACKING MECHANISMS”) and our Cookie Notice for more information on cookies and other tracking technologies.

You can also learn more about cookies and how to manage them by visiting allaboutcookies.org.

Browsing history: We also collect the following information about your use of our Services: the types of content that you view or interact with, and the frequency and duration of your activities on the Services. While permission for us to collect this information is not mandatory, our access to this information is essential to helping us improve the Services’ functionality, generate web analytics, improve our product and Services offerings, and troubleshoot problems.

Mobile app: Depending on your permissions, if you download and use our mobile app we may collect or access certain information from your mobile device including:

• Your contacts so you can select a chosen contact to ship your order to. Once you select a contact from your mobile device, that contact’s information will be stored in our database and their address will used for delivery of your order; and
• Your phone number, entered by you in response to our request and stored in your account data, as required for shipping in some countries and for retail pickup orders for all countries we serve.

We use this information to provide the Services and for marketing purposes including, but not limited to, sending you push notifications about unfinished transactions, unused credits, or order status. With your permission, we may also send you information via push notifications regarding discounts, special offers, and new product alerts. Depending on your device, push notifications may be turned on by default. You can opt out of push notifications at any time by adjusting your device settings. Your mobile number’s use is limited to what is described in this document.

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2. IF YOU FAIL TO PROVIDE PERSONAL INFORMATION

Where we need to collect personal information by law, or under the terms of a contract we have with you, and you do not provide the information requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or Service you have with us. We will notify you if this is the case at the time.

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3. HOW DO WE USE YOUR INFORMATION?

CafePress uses the personal information in a number of ways and only when it has a legal basis to do so as set forth below.

Performance of a contract: We process your personal information in order to fulfill a contractual agreement with you when you use our Services. This may include:

• establishing an online account at your request;
• processing online purchase orders;
• tracking and keeping you informed about the status of your order (including to send you transactional emails notifying you about your orders, account information, changes to the Services, updates to our online documents, and other matters as required by law. You may not opt-out of transactional emails);
• providing customer service (e.g., answering your questions or responding to a request through phone, email or online chat). Please note that phone conversations and online chat sessions may be monitored or recorded in accordance with applicable law.

Legitimate business reasons: We process personal information described above when we have legitimate business reasons to do so, pursued by us or a third party, as long as it is does not override your interests, rights and freedoms. This may include:

• operating, maintaining, and improving our Services and our products
• performing analytics to diagnose problems or analyze use of our Services;
• allowing you to interact with certain third-party content service providers;
• allowing you to participate in interactive features of our Services when you choose to do so,
• administering online surveys or special offers from us or through our third-party business partners,
• internal record keeping;
• enhancing other information we have about you to help us better understand you and determine your interests;
• enforcement of our corporate reporting obligations and Terms and Conditions; and
• aggregating and/or anonymizing personal information. We may aggregate and/or anonymize personal information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose.

Legal obligation compliance: We process personal information described in this Notice where it is necessary to comply with legal obligations to which we may be bound. This includes:

• for fraud prevention, public safety; and
• to comply with law (e.g., tax and accounting), regulation, court order, subpoena, or other legal process.

With your consent: We process your personal information (including your name, email address, or physical address/telephone number) when we have your consent to do so. This includes:

• to communicate with you by email, postal mail, push notifications and/or SMS text in order to send you promotional offers, newsletters, information on us, our Services, and other marketing communications in accordance with your preferences;
• to conduct customer research; and
• to identify your preferences so we can notify you of new or additional products, services, and promotions that may be of interest to you.

We also process your personal information in order to enter into a contract with you, including to consider an application for employment, including review of your supplied resume. The data may be saved in our files for future review and consideration. The data will be shared internally on a need-to-know basis, and will not be given to any third parties other than our service providers who process data on our behalf.

If you do not want us to use your personal information, for example, to send you newsletters or directly market our products of services, you can withdraw your consent and opt out at any time by contacting us at the details in Section 16 below.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at the details in Section 16 below.

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4. HOW DO WE USE COOKIES AND OTHER TRACKING MECHANISMS

Cookies: Like most companies, we may collect some information from you through a “cookie.” “Cookies” are small bits of data cached or stored on your computer based on your internet activity. They can be placed on your computer both by us and by third parties with whom we have a relationship, such as web analytics services and advertising network services. Cookies help us track and understand how individuals use and interact with our Services and to otherwise help us manage our Services.

You can control cookies through your browser setting and other tools. For more information on the cookies, we collect and how to disable them, please visit our Cookie Policy.

Cross-device tracking: CafePress uses data analytics companies, advertising networks, or social media companies, and features offered by Google Analytics services or pixels such as from Facebook to engage in “cross-device tracking,” which occurs when platforms, publishers, and advertising technology companies try to connect a consumer’s activity across smartphones, tablets, desktop computers, and other connected devices. The goal of cross-device tracking is to enable companies to link a consumer’s behavior across devices.

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5. HOW DOES CAFEPRESS SHARE YOUR INFORMATION?

Service providers: We use third-party service providers, independent contractors and other affiliates that perform functions on our behalf. Examples include to perform payment processing, marketing and advertising, fulfilling orders, custom-printing, order processing, analyzing data, and product distribution for us. We share your personal information described above including your contact details and financial information with these third-parties solely for the purpose of providing and improving our Services and products. We only provide these entities with the information necessary for them to perform these services and functions on our behalf. These entities are required, as data processors, to protect your personal information from unauthorized access, use, or disclosure.

By you on community posts: You may opt to post on CafePress’ community forums, profile pages and blogs, and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public information and may be available to visitors to the Site and to the general public.

Other third parties: We share your information with unaffiliated third-parties (including social media platforms and apps), agents, and/or independent contractors who help us maintain the Services and provide other services including, but not limited to customer service, data analytics, marketing and advertisement, customer communications, research and surveys, entry collection, contests, sweepstakes and other promotions. We seek to ensure that they will use your information solely for the purpose of providing the services for which they are responsible. Our Services use social plug-ins by the following providers, which may or may not be available to you based on your location:

• Facebook
• Twitter
• Instagram
• Pinterest
• YouTube
• Trustpilot

Affiliates and subsidiaries: CafePress is a subsidiary of PlanetArt, LLC. We share your information with our group company as business necessitates in accordance with this Notice including for order fulfillment, and marketing with your consent.

Legal needs: We may disclose your personal information: as required by law, such as to comply with a subpoena or similar legal process; when we have a good faith belief that disclosure is necessary to protect our rights or property, protect your health and safety or the health and safety of others, investigate fraud, or respond to a government request, or to allow us to pursue available remedies or limit the damages that we may sustain.

Reorganization, merger or other sale or transfer: We may disclose your personal information in connection with a merger, acquisition or sale of all or a portion of our business or assets (including in connection with any bankruptcy or similar proceedings).

Aggregate and De-Identified Information: We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

CafePress will not sell, rent, or share your personal information without your consent except in accordance with this Notice or for the purposes disclosed on any online form or location on the Services where you provide personal information to us.

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6. WHAT ABOUT THIRD-PARTY LINKS?

Our Services may contain links to other third-party sites that we do not own or control, such as social networking sites, such as Facebook, or third-party analytics tools that collect information about visitor traffic on our websites or apps. The Notice does not address nor do we control or have responsibility for the policies or practices of any third parties or any third-party sites to which our Services link. If you provide any information to such third parties, different rules regarding the collection and use of your personal information may apply.

The providers of third-party apps, tools, widgets and plug-ins on our websites and apps, such as Facebook ”Like“ button, also may use automated means to collect information regarding your interactions with these features. This information is subject to the privacy policies or notices of these providers. Please review the third party’s privacy policies before providing any information to them.

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7. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

CafePress takes appropriate steps to manage the privacy of your personal information and the security of the Services. We have implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, CafePress cannot guarantee the security of your personal information. If you have any questions about the security of our Site, you can contact us at the contact details provided below in Section 16.

You should take steps to protect against unauthorized access to your password, mobile device, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, changing your password over time, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity, except where otherwise required by applicable law.

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8. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

We retain your personal information for the period necessary to fulfill the purpose outlined in this Notice unless a longer retention period is required or permitted by applicable law.

We may also retain your payment information for recordkeeping purposes and/or to complete transactions (e.g., when you make a purchase), and you may not be able to change or delete the personal information you provided until after completion of such purchase. For more information on how to close or delete your account, please visit Section 10 below.

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9. WHAT CHOICES DO YOU HAVE ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION?

Transactional emails: We occasionally send transactional emails notifying you about your orders, account information, changes to the Services, updates to our online documents, and other matters as required by law. You may not opt out of transactional emails.

Commercial marketing emails: We may send you marketing communications from time to time. If you are in the EU and you are our current or former customer, we may send you commercial marketing emails relating to products or services similar to those which have been previously purchased by you. You can also opt in to receive from us other types of commercial marketing communications. Regardless of your location, you can always stop marketing communications by unsubscribing as instructed in each email, or by contacting us here, or by changing your preferences in your CafePress account settings page.

Traditional marketing mail: Depending on where you live, you may receive marketing communications from us by post. You can stop these communications by contacting Customer Support for your region.

Third-party marketing, advertising, and other communications: You can opt in to receive marketing, advertising and other email communications from our partners, vendors, or affiliates. If you do opt in, you will be subject to the third party’s separate privacy notice, and you are responsible for managing your email preferences according to that privacy notice. Some marketing and advertising companies may collect information about your use of the Services through cookies, web beacons, and other technologies so they can market products or services to you, monitor the ads served to your browser, and learn which webpages you viewed when ads were delivered. To learn more about this practice, and your choices, please click here. We are not responsible for marketing emails sent by our partners and other third parties, and you need to visit their webpages for instructions on how to stop e-mails from them.

Push notifications: You can opt out of receiving push notifications using your mobile application or device settings. Opting out of push notifications may impact the functionality of our Services.

Platform Out-Opt Tools: Google and Facebook offer opt-out features that let you opt out of using your information for interest-based advertising:

Facebook: About Facebook Ads and Facebook

Google: You may prevent your information from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add On. You can opt out of Google Analytics by following the instructions at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

You can also learn more about the options available to you to limit third party advertisers that use tracking or targeting tools in connection with our Services:

• Opt Out of Interest Based Advertising (National Advertising Initiative);
• Your Ad Choices (Digital Advertising Alliance);
• Your Online Choices (European Interactive Digital Advertising Alliance);
• For mobile add users, check out participating members of the Digital Advertising Alliance by installing the AppChoices mobile app and selecting the user’s choices.

Do not track: Currently we do not alter our data collection and use practices in response to Do Not Track signals.

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10. HOW CAN YOU MANAGE OR DELETE YOUR INFORMATION?

Information that you provide during registration is available in your CafePress online account. You must enter your email address and password to access your account.

Updating account information: You may correct, amend or update profile or account information at any time by adjusting that information in your account settings. If you need further assistance correcting inaccurate information, please contact us at privacy@cafepress.com.

Account closure: You can close your CafePress account at any time by accessing your account settings. If you request to close your account, we will disable all access to your account. Your account information, including any designs, will not be accessible to you, but we will archive your account in case you want to rejoin or re-activate your account in the future.

Account deletion: If you request to delete your CafePress account, we will remove personal information from your account. Your account will not be accessible to you even if you choose to rejoin or reactivate your account at a later date.

Please note however, that information necessary for the purposes of maintaining business records regarding a deleted or cancelled account, including records of credit transactions and account ownership, will be retained in accordance with applicable law. Please see Section 8 regarding our data retention practices for more information.

You can delete your CafePress account by contacting us by email at privacy@cafepress.com.

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11. FOR CALIFORNIA RESIDENTS

11.1. Personal information collected

If you are a California resident, the California Consumer Privacy Act ( “CCPA”) gives you additional rights about the collection, processing and sale of your personal information, which are explained below.

We collect categories of personal information as defined under the CCPA, which includes the following:

• Identifiers: such as your name, physical address, email address, credentials to access your CafePress account, social media handles, and, when you visit our Sites, use our apps or interact with widgets or plug-ins, Internet Protocol address and/or unique device identifier. If you choose to sell products and receive a commission, we also collect your social security number and/or tax identification number;
• Other categories of personal information described in Section 1798.80(e): including the personal information listed in the preceding bullet as “identifiers”, your signature, telephone number, financial information or payment information and other information that identifies, describes, or is reasonably capable of being associated with, a particular individual that we describe in Section 1;
• Sensory information: including audio recordings when you call our customer service telephone number;
• Geolocation data;
• Commercial information: including Services purchased, and information about consumer preferences and behavior that we collect from you; and
• Internet/electronic activity: including but not limited to, browsing history, search history, and information regarding a consumer’s interaction with our Sites and mobile app.

We collect this personal information from you, other customers, social media platforms, and third-party partners such as analytics or travel partners or others. For more information, please see Section 1.

11.2. Purposes for use of your information.

We use and disclose the categories of personal information for businesses purposes including in order to:

• Audit our Services;
• Detect security incidents and prevent fraud, debug and repair errors, maintain your account, provide quality customer service, process or fulfill orders, conduct research and development and other activities to improve our service, show advertising, market our services, and understand how you may interact with our Services.

We also use and disclose the information we collect for commercial purposes including to provide you our Services.

For information regarding the purposes for which we collect and use the personal information we collect regarding California consumers, please see Section 3.

11.3. Disclosure of your information

In the preceding twelve (12) months, we have disclosed your personal information for a business purpose, including to the following categories of third parties:

For information regarding the third parties with whom we disclose personal information for a business purpose please see Section 5.

11.4. Your rights.

The CCPA also provides you with specific rights regarding your personal information. These include:

Information about collection, sale or disclosure: You have the right to be informed of the categories of personal information that we collect about you in the preceding (12) months, including the categories of sources from which the personal information was collected, the business or commercial purposes for which the personal information is used, disclosed, or sold, and the categories of third parties with whom we share the personal information, as also set forth in this Notice.

Access to specific information: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. The information that we will provide to you will be masked, meaning that portions of it will be omitted so that it can’t be used fraudulently. For example, your telephone number may display as (123)-XXX-4567. Once we have verified your identity, we will disclose the specific pieces of personal information we collected about you, which will be made in writing and delivered through your account with us, if you maintain such an account.

Deletion request rights: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Please note that if you delete your personal information, some of our Services may not work the same.

Exceptions: We may not be able to fulfill your request if we (or our service providers) are required to retain your personal information for one or more of the following reasons:

• Transactional: to complete a transaction for which the personal information was collected, provide a good or service requested by you, or perform a contract we have with you;
• Security: to detect data security incidents;
• Error Correction: to debug or repair any errors
• Legal: to protect against fraud or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; or
• Internal Use: to use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e. to improve our services).

Right to opt out of sale of Personal Information: You have the right to opt out of the sale of your personal information, as defined in the CCPA. The term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest-based advertising or other data uses described in the “Cookies and Other Technologies” Section above, we will comply with applicable law as to those activities. You can read more in our Cookies Notice.

To opt out of receiving interest-based advertising, you can exercise your choice by using your device’s or browser’s privacy settings.

Non-discrimination: We will not discriminate against you for exercising any of your privacy rights under CCPA or applicable law, including by, denying you goods or services, charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties, providing you a different level of quality of goods or services, or suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.

11.5. Exercising your consumer rights

To exercise your rights, you can:

• Call us at 1-844-988-0030 Toll-Free (US & Canada).
• Email us at privacy@cafepress.com. When you email us,
• Include “My California Rights” in the subject of the email
• Please include sufficient personal information for us to locate your records and to verify the identity affiliated with your account. At a minimum, you must provide the full name and email address affiliated with your account. We may request additional information, such as your telephone number, member number, billing address if you have made a purchase with us, telephone number, or information regarding your order history, to complete the verification process if we are unable to verify your identity. Our ability to locate your personal information is limited by the accuracy and the completeness of the information that you provide.
• Submit a request here.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. You may receive follow-up communications from us requesting additional information that will help us match your identity with the information we maintain about you. For example, if there is a discrepancy between the information in our systems and the information you provided with your request, we may ask that you submit additional information to validate your identity such as your order history or other contact information (e.g., e-mail address, telephone number, billing address) you may have used to order products or use our services.

You may also exercise your rights via an authorized agent (“Authorized Agent”). An Authorized Agent can be a third party that you authorize to act on your behalf, such as a third party with power of attorney. If you are a resident of California, an Authorized Agent can only be a person or a business entity that you authorize to act on your behalf to submit a verifiable consumer request related to your personal information.

When an Authorized Agent is submitting a request on your behalf, we will require your Authorized Agent to provide evidence of their entitlement, which must include information sufficient to identify you and the purpose of the request, and at least one of the following:

• written and signed permission designating the Authorized Agent to act on your behalf. You must verify your identity with us and directly confirm with us that you have provided the Authorized Agent permission to submit the request;
• evidence that you have provided the Authorized Agent with power of attorney pursuant to the California Probate Code; or
• proof that the Authorized Agent is registered with the California Secretary of State and that you have authorized be able to act on your behalf.

Absent such documentation, we reserve the right to refuse to comply with third-party requests for information.

11.6. California Shine the Light

Under California Civil Code section 1798.83, California residents who have an established business relationship with us are entitled to ask us for a notice describing the types of personal customer information we have shared with third parties for those parties’ direct marketing purposes during the preceding calendar year. That notice will identify the categories of information shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.

If you are a California resident and would like to request a copy of this notice or exercise your rights under the CCPA, please contact us as set forth in Section 16.

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12. FOR INDIVIDUALS IN THE EUROPEAN UNION (“EU”)/ EUROPEAN ECONOMIC AREA (“EEA”)

Under applicable law and regulations, you may, at any time, exercise certain rights, including the following:

Access: The right to request access to your personal information, which includes the right to obtain confirmation from us as to whether or not personal information concerning you is being processed, and where that is the case, access to the personal information and information related to how it is processed.

Rectify or erase: The right to rectification or erasure of your personal information, which includes the right to have incomplete personal information completed;

Restrict: The right to obtain a restriction of processing concerning your personal information, which includes restricting us from continuing to process your personal information under certain circumstances (e.g., where you contest the accuracy of your personal information, for a period enabling us to verify the accuracy of the personal information);

Object: The right to object to the processing of your personal information under certain circumstances, including objecting to processing your personal information for direct marketing purposes, or objecting to processing your personal information when it is done based upon legitimate interests;

Data portability: The right to data portability, which includes certain rights to have your personal information transmitted from us to another controller; and

Consent: Where data processing is based on your consent, the right to withdraw consent at any time.

In France, the right to define the instructions as to the use of your personal information post mortem.

If you think we have not complied with a data protection law, you may also have the right to lodge a complaint with a supervisory authority, a list of which is available at https://edpb.europa.eu/about-edpb/board/members_en. We would, however, appreciate the chance to deal with your concerns before you approach any authority so please contact us in the first instance.

If you want to exercise one or more of the above rights, you can contact us at GDPR@cafepress.com. We will respond within a reasonable timeframe and in any case as required by applicable law.

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13. DO WE TRANSFER PERSONAL INFORMATION INTERNATIONALLY

The personal information and other information that we collect from you will be transferred to, and stored in the United States. It also may be processed by staff operating outside the EU/EEA who work for us or other entities acting as data processors processing data on our behalf. This includes staff and providers engaged in, among other things, the fulfillment of your request or order and the provision of support services. More information on to whom your data is disclosed can be found in Section 5.

> Your Consent to International Transfer of Personal Information

If you are located in the EU/EEA or Switzerland we may also process, store, and/or transfer personal information we collect about you, in and to a country outside the EU/EEA or Switzerland including the United States. Those other countries may have different privacy laws that may or may not be as comprehensive as your own.

By submitting personal information or engaging with our Sites, Apps and/or Services, you consent to this transfer, storing, and/or processing.

Notice Re: EU-U.S. and Swiss-U.S. Privacy Shield Status and CJEU Schrems II Ruling

On July 16, 2020, the European Court of Justice determined that the EU-U.S. Privacy Shield framework is no longer valid for the transfer of personal information from the European Economic Area (EEA) to the U.S. (known as the Schrems II decision). The Schrems II decision also placed additional compliance requirements on the use of EU Standard Contract Clauses (SCC) for transfer of EU/EEA personal information to the U.S. by companies subject to Section 702 of the U.S. Foreign Intelligence Surveillance Act (FISA) and/or Executive Order 12333 (E.O. 12333).

We know our customers, website visitors, and business partners care deeply about privacy and data security; and we optimize our work to get these issues right. We’d like to confirm that you can continue to use our Sites, Apps, products and Services regarding EU/EEA and Swiss personal information in compliance with EU and Swiss law.

First, please know that it is our good faith belief that the types of EU/EEA/Swiss personal information we receive, collect, process, use and/or share in the U.S. are not of the types of personal information that would generally be subject to requests from U.S. government authorities pursuant to FISA Section 702 and/or E.O. 12333.

Second, please note that as part of our good faith efforts to comply with applicable data security laws that we strive to store and process EU, EEA, and Swiss personal information in Ireland, on servers located in the EU. In compliance with the GDPR and other applicable laws we also implement data encryption, data minimization, data pseudonymization, and need to know access to personal information.

Third, we are continuing to comply with the EU-U.S. and Swiss-U.S. Privacy Shield Principles required by our EU-U.S. and Swiss-U.S. Privacy Shield Certifications regarding personal information processed by us under those Certifications. More information about our collection, use and/or sharing of EU/EEA/Swiss personal information and our compliance with applicable laws is located in this Privacy Notice above.

Fourth, when applicable we require our service providers and business partners to enter into EU Standard Contractual Clauses (SCC), as amended, for compliance with EU/EEA/Swiss data protection laws. If an international transfer of personal information cannot be based on SCC, our transfer to a third country may also be necessary in order to perform a contract with you or in individual cases for the purposes of our compelling legitimate business interests and in order to comply with our internal policy, contractual and legal obligations.

If you represent one of our service providers or business partners and your organization is a party to an agreement with us that includes EU Standard Contract Clauses (SCC) for compliance with EU/EEA/Swiss data protection laws, please contact us at GDPR@cafepress.com to discuss whether any updates to our agreement are needed resulting from the Schrems II decision.

Trust is a top priority for us, and we will continue to work vigilantly to ensure that our customers, website visitors, and business partners are able to continue to enjoy the benefits of our Sites, Apps, products and Services securely, compliantly, and without disruption.

As always if you have questions or concerns about our collection and/or use of personal information, please contact us at GDPR@cafepress.com or through your account. Here is more information about how CafePress continues to comply with the EU-US Privacy Shield Framework and

With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, CafePress is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to GDPR@cafepress.com.

CafePress’ accountability for personal information that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, CafePress remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal information on its behalf do so in a manner inconsistent with the Principles, unless CafePress proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, CafePress commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact CafePress at GDPR@cafepress.com.

CafePress has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

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14. DO WE COLLECT PERSONAL INFORMATION FROM CHILDREN?

The Services are for individuals age 18-years-old or older. CafePress does not intend that any portion of its Services will be accessed or used by children under the age of 18, and such use is prohibited.

While we encourage parents to use our Services as a family activity with their children, we recommend carefully monitoring any Internet activities (including use of the Services) engaged in by their children. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personal information to us please contact us at privacy@cafepress.com.

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15.CHANGES TO OUR PRIVACY NOTICE

We periodically update this Notice, and encourage you to review it each time you visit the Services. We will notify you of any material changes made to the Notice and will post those changes through a prominent notice on our Services, along with an update to the Effective Date. Depending on where you live, we may give you an opportunity to accept these changes prior to continuing on our Services. If you do not agree to any changes made to this Notice, you should stop using our Services.

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If you have any questions or concerns about our Privacy Notice or our privacy practices, please contact Customer Support 1-844-988-0030 Toll-Free (US & Canada) or mail us at:

CafePress
11909 Shelbyville Road
Louisville, KY 40243
United States
privacy@cafepress.com