Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE:

The Flaming Silver Brand in its entirety and including all sister companies related to Flaming Silver R&R, LLC and Flaming Silver Trading (Pty) Ltd (hereinafter collectively referred to as the “Business” and the "Flaming Silver Brand") respects the privacy concerns and rights of all users (whether as guest users or as Clients in a Professional-Client Relationship) to its website (www.flamingsilver.cohereinafter referred to as the “Site”) and all associated digital pages and social media channels.

 

The Business also respects the privacy concerns and rights of all users (whether as guest users or as Clients in a Professional-Client Relationship) when using our content, materials, products and services throughout the Site and all associated digital pages and social media channels.

 

The Business thus provides the Privacy Policy as set out below to explain what information is gathered during a visit to the Site, any of the associated digital pages and/or any of the Business's social media channels, and how the information may be used.

 

Your use of the Business’s services, products, materials, resources and content on this Site is also governed by the Privacy Policy and other Terms of KARTRA and applies to the websites related to EverWebinar and WebinarJam and any other affiliate companies related to Genesis Digital, LLC.

 

This Privacy Policy sets forth the Business’s current privacy practices regarding the information we collect when you or your computer or any other digital device interacts with our Site and all associated digital pages and/or social media channels. By accessing www.flamingsilver.co you hereby acknowledge, accept, understand and freely consent to the information collection and use practices as described within this Policy.

 

"You”, “yourself” and “your” refers to yourself, the individual reader and user of this website, all its associated digital pages and social media channels, and the related Disclaimers and Terms of Use as contained therein.   

 

“Client” refers only to those who have paid for a Professional-Client Relationship with us (see below for further clarification). 

 

Any use of the above terminology or other words in the singular, plural, capitalization, and/or, he/she or they are taken as interchangeable and therefore as referring to same.

1. This Website and all Associated Digital Pages or Social Media Channels:

When accessing the www.flamingsilver.co website (the Site) or any other associated digital pages or social media channels, or any other digital efforts related to the Business, we will learn certain information about you during your visit, both automatically and through any voluntary actions you may take. This Policy applies to information we collect on the Site as well as via alternate electronic communications such as email, social media messages, whatsapp messages, text messages, or any other electronic messages between you and the Business.

 

For the purposes of this Site, please read the Privacy Policy carefully before you continue using this website. By using this Site or by clicking to accept or agree to any Terms of Use when the option is made available to you, you hereby acknowledge, accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to the Privacy Policy, you must not use or access this Site or any of our associated digital pages or the Business’s social media channels.

2. Social Media: 

The Business may collect certain information about you and/or from you by way of your interactions with us via our social media channels such as Facebook, Instagram, LinkedIn, Pinterest or any other such social platforms. For example, you may be given the option to register for webinars, other virtual events such as Facebook or Instagram Lives, the option to take advantage of special offers or receive mailings from us, sign up for our newsletters and so on, all through our social media channels.  

 

The information we receive or collect from such social media channels, and our ability to collect such information, may depend on the social media site, its policies and its requirements and/or technology. We collect the information you provide from these social media interactions and may use it for various purposes to improve our services to your experience, or to contact you regarding the reason you connected with us or with additional offers in the future. Of course, you have the opportunity to opt-out at any time provided we do not require a means of contacting you to fulfill your request.

3. Use of Information:

As a general business policy, no personally identifiable information such as your name or email address is automatically collected from your visit to the Site or any of our associated digital pages. However, certain non-personal information is recorded by the standard operation of the Business’s internet servers including, but not limited to, information such as the type of browser being used, its operating system and your IP address is gathered in order to enhance your online experience.

 

The Site’s various mailing lists, opt-in pages, downloads, special offers, contests, registration and sign-up forms, pop ups and online surveys may request that you give us contact information such as your name, telephone number or email address, demographic information such as your age and gender, geographical information such as your city or country, and personal preferences such as your preferred software and interests. Information submitted at the time of submission will be used by the Business only as necessary for our legitimate business interests, including, without limitation, the improvement of our products, services and the content on the Site and all associated digital pages and social media channels.

4. Third Parties:

The Business may also share such information with our third party representatives, associates, affiliates and any other promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about the Flaming Silver Brand, plans, services and products. You may always opt-out of receiving future mailings as provided below.

 

Please also note that third-parties who provide and/or publish content via the Business’s connections with Kartra, Mailchimp, any social media channels and/or any other online services as may be used in the future shall be deemed the data controllers for any personal data contained in the content uploaded by any such party to what we offer (“Third-Party Content”).

 

The Business does not store any credit card information it may receive with regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user for the due performance of our obligations to you.

 

The Business may disclose user information in special cases when we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Business’s rights or property, other users of the Site and associated digital pages and social media channels, or anyone else that could be harmed by such activities.

 

The Business may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

 

This Privacy Policy only concerns the processing for which the Flaming Silver Brand acts as a data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider directly responsible for any information relating to said Third Party Content.

5. Cookies and Pixels: 

Similar to other commercial websites, this Site and all associated digital pages utilizes a standard digital technology called "cookies" (see explanation below) and server logs to collect information about how our Site is used. Information gathered through cookies and server logs may include the date and time of your visits, the pages viewed, time spent on our website, your IP address, and the websites visited immediately before and immediately after our own. 

 

A cookie is a very small text document which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.

 

The Flaming Silver Brand also reserves the right to use technological equivalents of cookies, including, but not limited to, social media pixels. These pixels allow our social media platforms to track visitors to our website so as to tailor our marketing efforts for users while visiting any of our sites. The Business reserves the right to use these pixels in compliance with the policies of the various social media channels. ​ 

6. Third Party Use of Cookies and/or Pixels:

Some content or applications (including advertisements) on the Site and associated digital pages and/or our social media channels are served by third parties. This may include advertisers, third party networks and servers, content and service providers and/or application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information, or they may collect information including personal information about your online activities over time and across different websites and other online platforms. 

 

They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

7. IP Addresses: 

IP addresses are used by your computer every time you are connected to the internet. Your IP address is a number used by computers on the network to identify your computer. IP address are automatically collected by our web server as part of demographic and profile data known as “traffic data”, so that data (such as the web pages you request) can be sent to you. 

8. External Links: 

www.flamingsilver.co and all associated digital pages and social media channels may contain links to external websites, plug-ins, applications, landing pages, affiliate sites and/or other social media sites.  By clicking on those links or enabling those connections, you may allow third parties to collect or share data about you.

 

The Flaming Silver Brand cannot guarantee the accuracy of the information found at any linked site, nor do we control third party sites. We are not responsible for their privacy statements, nor can we control their privacy policies or any other third party applications or integrations. 

 

It is hereby acknowledged, accepted and agreed by you that links to or from any external sites not owned or controlled by the Business do not automatically constitute an endorsement by the Flaming Silver Brand or any of its agents, representatives, affiliates or employees. 

9. Terms of Use and Disclaimers: 

By accessing this Site and all associated digital pages, as well as our social media channels, you hereby acknowledge, accept and agree to be bound by our Site Terms of Use and Disclaimers and all applicable laws and regulations. You also hereby acknowledge, accept and agree that you are responsible for compliance with any other applicable local laws. If you do not agree with any of the Business’s Terms of Use, you are prohibited from using or accessing our Site and associated digital pages and/or social media channels.

10. Malware, Viruses and Spyware: 

Neither the Flaming Silver Brand nor its owners, officers, employees or representatives or this Site or any of its associated digital pages knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

11. Chat Areas, Groups and Membership Zones:

Users of this Site and all associated digital pages (whether as guests or those in a Professional-Client Relationship) are solely responsible for the content of messages they share or post on any of the Business’s forums, whether on this Site or on social media channels. Users should be aware that when they voluntarily disclose personal information (eg. username, email address) within such chat rooms, bulletin boards or other online groups areas (eg. Facebook Groups), that that information can be collected and used by others and may result in unsolicited messages from other people. You are solely held responsible for the personal information you choose to submit in these instances. Please take care when using these features.

12. How We Protect Your Information:

We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors. Email is not recognized as a secure medium of communication and, for this reason, we request that you do not send private information to us by email. Doing so is allowed, however, but you do so at your own risk. 

 

Secure Sockets Layer:  Some of the information you may enter on this Site, any of our associated digital pages and/or our social media sites may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit or Debit Card information, or any other sensitive information, should not be transmitted via email. 

 

Site Measurement:  The Flaming Silver Brand may use software programs to create summary statistics which are used for such purposes as measuring the number of visitors to the different sections of our sites and digital platforms, what information is of most and least interest, determining technical design specifications and identifying system performance or problem areas.  For site security purposes, and to ensure that this service remains available to all users, the Business may also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, and/or otherwise cause damage.

 

Security for all personally identifiable information is extremely important to us:  We have implemented technical, administrative, and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only the Business’s owners, officers, employees, representatives and affiliates or associate partners who need the information to perform a specific job (for example, customer service or outsourced digital business or technology managers) are granted access to personally identifiable information.

 

The computers/servers in which we store personally identifiable information are kept in a secure environment, and we regularly review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Flaming Silver Brand cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Business, you accept that you do so at your own risk.

13. Why We Collect Your Information:

Fundamentally, the Flaming Silver Brand collects your information to record and support your participation in the activities you select. If you register to download a book or other resource, sign up for our newsletter and/or purchase a service or product from us, we collect your information. 

 

Administering our Business Activities:  We use personal information for the purposes of administering our business activities, providing customer service, and making available any other products and/or services to our clients and prospective clients. As a visitor to this Site and any of our associated digital pages and/or our social media channels, you can engage in most activities without providing any personal information.

 

If you opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products or services as promoted by the Business and any of its owners, officers, employees, representatives or other third party affiliates, we will enroll ​you to receive our free email campaigns if you consent to it. It is only when you seek to download resources, communicate directly and/or register for services that you are required to provide information.

 

Choice Opt-Out:  This Site, its associated digital pages and/or our social media channels may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any email list in order to discontinue any such future communications.

 

In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Business which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such email communications, please email us at kristen@flamingsilver.co , include a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list. Alternately, you can always hit REPLY to the email you received and we shall be notified with your request to unsubscribe in due course.

 

No information you provide to us will be sold or otherwise transferred to unaffiliated third parties without the prior approval of the user at the time of collection. We may disclose information when legally compelled to do so when we, in good faith, believe that the law requires it, for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

14. The Type of Information We Collect About You:

In the course of administering and maintaining our website, all associated digital pages, and any of our social media channels relating to the Flaming Silver Brand, we may collect and process the following data about you:

  1. Client Data - including any data relating to purchases of goods and/or services such as your name, title, billing address, delivery address, email address, phone number or other contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
  2. User Data - including data about how you use our Site, our digital pages and/or our social media channels or any other online services or products as promoted, together with any data that you post for publication on our sites or through other online avenues. We process this data to operate our Site and related sites, to ensure relevant content is provided to you, to enable administration and publication of our Site and all digital pages, to ensure the security of our Site, to maintain back-ups of our Site and/or databases and any other online services and business related to either Miss Kristen Elizabeth Birkett Miller and/or the Flaming Silver Brand. Our lawful ground for this processing is our legitimate interests which in this case is to enable us to appropriately administer our Site and our business operations as a whole.
  3. Technical Data - data about your use of our Site, all associated digital pages and/or our social media channels or any other online service avenues includes your IP address, state or country from which you accessed our sites or email communications, time zone settings, details about your browser and the number you use our Site, your login data, page views and navigation paths, length of visits to pages on our Site and associated digital pages, and other technology on the devices you use to access our Site and other associated digital pages. The source of this data is from any analytics tracking system we may have in place at any time, such as Google Analytics. We process this data to analyse your use of our Site in its entirety as well as other online channels so as to administer and protect our Business and Site, to deliver relevant content and advertisements, and to understand the efficacy of our advertising. Our lawful ground for this processing is our legitimate interests which in this case is to enable us to properly manage our sites and the Business as we purposefully strive to grow our Business by introducing marketing strategy decisions with the information garnered.
  4. Marketing Data – including data about your communication preferences in relation to receiving marketing information from ourselves and any third party affiliates. We process this data to enable you to partake in our promotions such as free giveaways and competitions, to deliver relevant content and advertisements to you, and to measure and understand the efficacy of our advertising. Our lawful ground for this processing is our legitimate interests, which in this case are to monitor how our clients make use of our products and services, to develop our products and services, to create new marketing strategies, and to grow our business. 
  5. Communication Data - including any communication you send to us, whether through the contact form on our Site, through email correspondence, text messages, whatsapp communications, social media messaging, social media posting or any other communication initiatives that you share with us or send to us. We process this data for the purposes of communicating with you, for record keeping, and for the establishment, pursuance and/or defense of legal claims. Our lawful ground for this processing is our legitimate interests, which in this case are to reply to communications sent to us, to keep records, and to establish, pursue and/or defend legal claims.

We may use Client Data, User Data, Technical Data, Marketing Data and Communication Data to deliver relevant website content and announcements to you (including but not limited to Facebook adverts) and to measure and/or understand the efficacy of the announcements and advertising we present to you. Our lawful ground for this processing is legitimate interests which in this case is to grow our Business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent and/or legitimate interests (namely, to grow our Business).

15. Email Communication:

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and by telephone. This also applies when you register for our Site, any associated digital pages and/or through our social media channels, sign up through any of our forms using your email address, or make a purchase for a product or service on this Site. For further information see the email policies below:

 

Email Policies:  We are committed to keeping your email address confidential. We will not lease, rent or sell our mailing lists to third parties, nor will we disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information below. In compliance with the CAN-SPAM Act, all email communication sent from the Flaming Silver Brand and/or from Miss Kristen Elizabeth Birkett Miller as an individual and the current owner of the Business will clearly state who the email is from and how to contact the sender. In addition, our emails provide users with the opportunity - at any time - to opt out of receiving communications from us and our affiliates by offering the unsubscribe link located at the bottom of each email. 

 

Marketing Communications:  Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our Business). Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if: 

  1. you made a purchase or asked for information from us about our goods or services, or 
  2. you agreed to receive marketing communications, and in each case, you have not opted out of receiving such communications since. 

Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time by clicking on the unsubscribe link at the bottom of our emails. 

 

If you opt out of receiving marketing communications, this unsubscribe action does not apply to personal data provided as a result of any other transactions such as purchases, warranty registrations, etc.

16. Disclosure of Your Information:

As a general rule we do not lease, rent, sell or otherwise transfer any information collected whether automatically or through your voluntary action. However, we may have to share your personal data with the parties as set out below: 

  1. IT and system administration service providers;  
  2. Collection agencies; 
  3. Third Party Digital Business Managers and/or Outsourced Social Media Teams;
  4. Professionals and advisors to the Flaming Silver Brand, including, but not limited to, our lawyers, bankers, accountants, auditors or insurers; and 
  5. Any government bodies that may require us to report processing activities. 

We may disclose your personal information to a third party, our subsidiaries, affiliates, officers or employees with a need to know and/or external service providers for the purpose of providing our services to you; or, if necessary, to enforce our terms of service or any other agreement between you and the Business.

 

We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Flaming Silver Brand’s assets and/or business. We may disclose information when legally compelled to do so; in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. 

17. Client Testimonials and Endorsements:

In order to remain compliant with the FTC Guidelines concerning the use of testimonials and endorsements in promotional advertising, please be aware of the following:  

  1. Written copy testimonials that appear on our Site, any associated digital pages and/or on our social media channels are advertised with client confidentiality in mind, thus displaying only a portion of their name(s) and/or initials unless express written permission is granted by the individual attesting to the Business’s services and/or products .
  2. Any client that permits us to display a video testimonial sends us their video testimonial via email submission, whatsapp communication, a social media channel or text message with full permission to display such video testimonial. 
  3. All testimonials are individual experiences and reflect that person’s own opinions, beliefs and perceptions about whichever product, service or service representative of the Business they’re referring to.  
  4. Individual results will vary, and no testimonials displayed by the Flaming Silver Brand will necessarily determine the final result for anyone else that purchases our products and/or services. 
  5. Kindly note our Earnings and Success Disclaimer in our Terms of Use for further clarification.

The Business reserves the right to correct any spelling or grammatical errors on any testimonials received by our clients prior to online publication or sharing via print media; as well as to shorten and/or use excerpts from testimonials for promotion on our sites so as to better suit the general public and message at the time.

 

Neither Miss Kristen Elizabeth Birkett Miller as an individual, nor the Flaming Silver Brand as a representation of any of its associated business entities, are responsible for any of the opinions, comments or outcomes as may be posted on any of our public sites, portals or channels; nor does this automatically determine that we necessarily share the same opinions, beliefs or perceptions. 

 

To protect against abuse, all testimonials appear after they have been reviewed by Management of the Business, and some comments on social media sites may be deleted if Management deem it necessary in order to retain the value and Brand ethos and principles we aim to share with others.

18. International Transfer of Data:

We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).  Our Site, its associated digital pages and/or our social media channels may be operated on servers located in various jurisdictions, including the United States and Canada. When you access or use this Site and/or our services or products in any way, personal information about you may be transferred outside the country in which you are situated to these other locations.

 

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria. Because many of our third parties service providers are based outside the European Economic Area (EEA), their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

  1. We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
  2. Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
  3. If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

19. Your Access To and Control Over your Personally Identifiable Information:

At any time, but only once per calendar year or as otherwise required under applicable law, users may contact kristen@flamingsilver.co to review the personally identifiable information that the Business has collected about you. If you discover any errors, please notify us and the information will be corrected.

 

To review the personally identifiable information we have collected about you, please send an email to the aforementioned email address with the subject line: “Personal Information Review Request.”

 

Users may also request that the Business delete a user account(s) or - if you have not established a user account(s) – your email address and any related data at any time. If you wish to delete your user account(s), please email us at kristen@flamingsilver.co with the following subject line: “Delete Account”.

 

If you do not have a user account(s) and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, our associated digital pages or our social media channels, any direct communications via sms, text or whatsapp, any games or online surveys, and/or through any of our services or products, please email us at kristen@flamingsilver.co with the following subject line: “Delete My Information”.

 

You may also choose to confirm that the Business does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation: 

  1. when your personal may to be disclosed to a third party unrelated to the Business and/or parties directly related to providing your Professional-Client Services, and/or
  2. when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.

If you wish to limit your personal data in either such way, or have other questions about how the Business may use your personal data, please contact us at kristen@flamingsilver.co with the following subject line: “Privacy Request”.

20. Notice of Compliance to California Residents:

Your California Privacy Rights Under The California Online Privacy Protect Act (CCPA) and the California Business and Professions Code –

 

The CCPA took effect on 01 January 2020, and although the Flaming Silver Brand does not operate from a California base, we are protecting our Clients' rights if such Clients are residents of the State of California, USA. 

 

This Section of our Privacy Policy identifies the categories of personally identifiable information that our Business collects through this Site and any associated online service or promotion avenues, including but not limited to our social media channels, about individual consumers (whether as guest users or those in a Professional-Client Relationship with us) who use or visit www.flamingsilver.co and the categories of third party persons or entities with whom our Business may share that personally identifiable information.

 

The Flaming Silver Brand does not maintain an online process for an individual consumer who uses or visits our commercial website and all its associated digital pages (www.flamingsilver.co) or any other online service avenue to review and request changes to any of his or her personally identifiable information that is collected through this Site and/or any other online service avenue. The effective date of this Privacy Policy is listed at the end of this Privacy Policy under the heading: “Last Updated”.

 

For the purposes of this Privacy Policy and the Business's CCPA compliance, the following definitions apply:

  1. The term “personally identifiable” means individually identifiable information about an individual consumer or client in a Professional-Client Relationship with the Business collected online via this Site and any of our associated digital pages and/or social media channels, and which is maintained by us in an accessible form. This may include any of the following:
    1. A home or other physical address, including a street name or the name of a city or town;
    2. An email address or telephone number;
    3. Any other identifier that permits the physical or online contacting of a specific individual; and
    4. Information concerning a user and/or Client in a Professional-Client Relationship that this Site and associated digital pages and/or our social media channels may collect online, from the user and/or Client, which is maintained in personally identifiable form, in combination with an identifier described within this Privacy Policy.
  2. The Flaming Silver Brand has not and will not share your personally identifiable information with third parties for their direct marketing purposes. We do not currently earn gross revenues of US$25 million and upwards per business year; we do not currently buy, sell, receive or share personal information from at least 50,000 consumers, households or devices; nor do we currently make over 50% of our gross annual revenue from selling personal information.
  3. A Section of the California Civil Code permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Thus, per Clause (ii) above, we hereby state that we do not and will not maintain such a list of third parties. 
  4. The Flaming Silver Brand is not a “data controller” for any business anywhere in the world, but is instead registered and duly classified as a “service provider”.  Thus, as a small independent service provider, we only process information on behalf of other third party businesses such as Kartra per all other terms of our Privacy Policy. Therefore, the CCPA’s regulations do not apply to the Flaming Silver Brand or our current business operational requirements.
  5. Under California Law SB 27, California residents have the right to receive, once per year, information about third parties with whom we have shared information about you or your family for marketing purposes during the previous calendar year. To request such information once per year, you may contact us at kristen@flamingsilver.co with the following subject line: “California Privacy Request”. Please include the domain name of the website and/or associated digital page you are inquiring about, along with your name, physical address and email address. We will respond to you within thirty (30) calendar days of receiving such a request.

21. GDPR Rights and Disclaimer:

By using this Site and any of its associated digital pages and/or social media channels, you hereby confirm that you are at least 16 years of age or older. You also hereby confirm that you have read and fully understand and accept any EULA, Terms of Use, our Privacy Policy and/or any Data Processing Addendums which have been provided to you in connection with this Site, its associated digital pages and on or throughout the Business’s social media channels; and you hereby acknowledge and agree that you fully understand the basis of the products and/or services as shared throughout.

 

You also hereby confirm that you have been fully informed and consent to the collection and use of your personal data for any purpose in connection with the Business’s Site, associated digital pages and social media channels for any purpose whatsoever in connection with the Business’s products and/or services as may be shared at any time.

 

You hereby understand, accept and agree that certain data, including your personal data, must be collected or processed in order for the Business to provide the products and/or services as requested and/or contracted for in a Professional-Client relationship. You expressly hereby acknowledge, understand and agree that in some cases it is required of the Business to use cookies and similar digital tracking processes to provide said products and/or services, whichever the case may be.

 

You hereby acknowledge, understand and accept that you have the right to request access on an annual basis to any personal data the Business has obtained or collected regarding yourself in a readable format.

 

You also hereby acknowledge, accept and understand that you can revoke your content at any time and that you have the right to be forgotten.  If you have revoked your consent, the Business will stop collecting and/or processing your personal data.  You hereby acknowledge, accept and understand that if you revoke such consent, then the Business may be unable to provide its contracted products and/or services to you and you expressly accept and agree that the Business cannot be held responsible for that. Likewise, if you have properly requested to be forgotten, the Business will delete the data it may have for you and/or make it inaccessible for further use.  

 

You hereby acknowledge, accept and agree that if there is a dispute regarding your personal data, you can contact the Business. If the Business is unable to resolve any issue, you will provide an independent service to arbitrate a resolution.  If you have any questions regarding your rights to privacy, you can contact the Business at this email address:  kristen@flamingsilver.co .

22. Visitor's GDPR Rights:

If you are within the European Union (EU), you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

  1. You have the right to request access to your data that the Flaming Silver Brand stores, and the rights to either rectify or erase your personal data. You have the right to seek restrictions on the processing of your data, and the right to object to the processing and portability of your data. 
  2. To the extent that you provided consent to the Business’s processing of your personal data, you have the right to withdraw that consent at any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
  3. You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation (GDPR). We require only the information that is reasonably required to enter into a contract with you, and we will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

We will retain any information you choose to provide to us until the earlier of you asking us to delete the information; our decision to cease using our existing data providers; or the Flaming Silver Brand decides that the value in retaining the data is outweighed by the costs of retaining it.

23. Intellectual Property Rights:

Any and all copyrights, trademarks, patents and/or any other intellectual property rights in and on our Site, all associated digital pages, our social media sites and across all content, material, resources and software located on these sites shall remain the sole property of the Flaming Silver Brand and/or its owners, officers and/or licensors.

 

The use of any or all of our trademarks, content, material, resources and intellectual property is forbidden without the express written consent from the Business. You must not:

  1. Republish, rent or sell any content or material from our website or any associated digital pages or our social media channels without prior written consent; or
  2. Redistribute, duplicate, reproduce, copy or otherwise exploit any content or material from our website, associated digital pages or our social media channels for any purpose. 

Please refer to our Terms of Use for further clarification as to our intellectual property rights.

24. Credit and/or Debit Card Information:

All credit and debit card transactions are processed securely, and protected, through the Business's preferred payment gateways such as PayPal, Stripe, PayFast or any other payment gateway that we offer for your convenience. At no point does the Flaming Silver Brand or its owners, officers, employees or direct representatives receive your full credit or debit card information; nor do we store it when you make a payment online for our products or services. 

25. Data Security and Retention:

We only allow access to your personal data to those owners, officers, employees and affiliate partners who have a business necessity to know such data. They will also only process your personal data on our instruction, and they must keep it confidential. 

 

We only retain your personal data for as long as is necessary to fulfill the purposes for which we collected it, including the purposes of satisfying any legal, accounting, audit and/or reporting requirements. For tax purposes, the law requires us to keep basic information about our clients and customers (including Contact, Identity, Transaction and Financial Data) for a minimum of five years after their last transaction with us. 

26. Aggregate Data: 

In some circumstances, we may share and publicize aggregate and/or de-identified (anonymized) information shared with third parties and the public. This could be for research or statistical purposes, in which case we may use this information indefinitely without any further notice to you.

27. Acceptable Use: 

You hereby accept and agree to use our Site and all associated digital pages, as well as any of our social media channels, only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the sites.

 

Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our sites. You must not use our website or our associated social media sites to send unsolicited commercial communications. You must not use the content or material on our website for any marketing-related purpose without our express written consent.

28. Restricted Access: 

We may in the future need to restrict access to parts or all of our Site, associated digital pages and/or our social media channels or any other form of online community; and we reserve the full rights to do so. If at any point the Flaming Silver Brand provides you with a unique username and password for you to access any restricted areas of our sites or social media channels, it becomes your responsibility to ensure that your username and password are kept confidential. 

29. Children Age 16 and Under:

The Flaming Silver Brand recognizes the special obligation to protect personally identifiable information obtained from children age 16 and under.

 

AS SUCH, IF YOU ARE 16 YEARS OLD OR YOUNGER, WE REQUEST THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE BUSINESS.

 

If the Business discovers that a child age sixteen or younger has signed up on this Site or through any of our associated digital pages, and/or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.

 

If you believe that we might have any information from or about a child under the age of sixteen years and we aren’t yet aware of it, please contact us direct at kristen@flamingsilver.co and we will rectify the situation immediately.

 

Other third party applications or software service providers that we use may encourage parents to go online with their children. Thus, you hereby acknowledge, accept and agree that neither the Business nor any of its owners, officers, employees or representatives can be held responsible in any way whatsoever, whether now or in the future.

30. Disclaimer and Limitation of Liability:

Per our related Terms of Use and other Disclaimers, the Flaming Silver Brand makes no representations, warranties or assurances as to the accuracy, currency or wholeness of the content or material contained within this Site, any linked sites, any associated digital pages and/or on any of our social media channels.

 

All the content and materials on this Site and all associated digital pages and/or throughout our social media channels are provided "As Is" and without any express or implied guarantee of any kind; including warranties of merchantability, non-infringement of intellectual property or fitness for any particular purpose. 

 

Neither the Flaming Silver Brand in its entirety, including sister company entities as may be registered in any capacity and in any country at any point in time whether now or in the future; nor any of its owners, officers, employees, representatives, affiliates or other third party service providers; shall be held liable for any damages whatsoever, including and without limitation damages for loss of profits, business interruption, loss of information, injury or death arising out of the use of - or inability to use - the content or materials; even if the Business (or any of its owners, officers, employees, representatives, affiliates or other third party service providers) has been advised of the possibility of such loss or damages. 

31. Translations:

This Privacy Policy is executed in the English language. You hereby acknowledge, accept and agree that you have reviewed and wholly understand this Privacy Policy in English. To the extent that any translations of this Privacy Policy are provided, they are solely for convenience and remain of no binding effect. The English language version of this Privacy Policy shall control regardless of your native tongue or country of origin.

32. Complaints or Concerns:

If you have any complaints or concerns about the Flaming Silver Brand or about this Privacy Policy, please contact us at kristen@flamingsilver.co

 

33. Your Acceptance of these Terms and Privacy Policy:

By using the Site and all associated digital pages and/or any social media channels relating to Miss Kristen Elizabeth Birkett Miller as the current owner of the Flaming Silver Brand in its entirety, including all sister companies regardless of country of entity registration, you hereby understand, accept and agree to our Privacy Policy and all Terms of Use and Disclaimers as set forth throughout our Site and any other associated digital pages and/or social media channels. If you do not agree to this Policy, please do not use the Site and refrain from all other digital pages and our social media channels.

 

This online Privacy Policy will be revised from time to time by updating this posting, and the most recent update will be reflected at the bottom of this Policy below. You are bound by any such revisions and should therefore periodically visit this web page to review the then current online Privacy Policy to which you are bound.

 

You hereby acknowledge, accept and agree that it remains your responsibility to ensure that we have an up-to-date, active and deliverable email address for you, as well as for periodically visiting our website and this Privacy Policy to check for any changes.

 

Last Updated:  22 July 2020

© 2020 Kristen Miller - Flaming Silver

All Rights Reserved