Privacy Policy

This policy outlines the basic mindset Motley Digging Tools (hereinafter referred to as “the Company”) have with respect to the protection and handling of personal information obtained through business activities.

1. When handling personal information, the Company will comply with the items set forth by relevant law such as the Personal Information Protection Act, as well as this policy.

2. The Company will acquire personal information by lawful and fair means.

3. The Company will utilize personal information upon making clear the purpose of utilization, and will only use the personal information within the scope of the purpose.

4. The Company will not provide acquired personal information to a third party, except in cases in which the consent of the person is given or the provision is based on legal provisions.

5. The Company will appropriately manage personal information in order to secure its accuracy, and will also take reasonable safety measures in order to prevent leakage, loss, damage, etc. of personal information.

6. The Company will manage personal information appropriately and take reasonable safety measures when personal information is utilized jointly with Group companies or business partners within the scope of its purpose of utilization or if personal information handling is outsourced.

7. The Company will announce the procedures regarding inquiries and requests for disclosure of personal information that the Company possesses, and will respond promptly and sincerely to such requests.

8. In order to implement the aforementioned policy items, the Company will assign an individual responsible for the management of personal information.

9. The Company will continuously revise and improve its personal information management system and structure in order to effectively protect personal information in accordance with future changes in laws or circumstances.

Notice on the information obtained from the Internet site concerning Non-European residents

This Privacy Policy is designed to tell you about the practices regarding collection, use, and disclosure of information that may be collected by Motley Digging Tools (which mean the Joint Users of Personal Information as defined in Section 4(1) and together with Motley Digging Tools hereinafter referred to as “Motley”). Please be sure to read this entire Privacy Policy and the Terms and Conditions of Use (the “Terms”), available here, before using or submitting information to the websites owned or operated by Motley Digging Tools (collectively, the “Sites”)*.

1. Consent

By using the Sites, you agree to the Terms of this Privacy Policy. Whenever you submit information via the Sites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

2. Information Collected

Personal Information

Motley Digging Tools uses fair and proper means to collect your Personal Information (which means information about a living individual which can identify the specific individual by name, date of birth or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual) such as your name, date of birth, e-mail address, credit card information, shipping and billing address, etc.) to the extent necessary to achieve the purpose for use prescribed in this Privacy Policy. We do not collect information regarding your race, nationality, ancestry, lineage, religion, political views or membership of workers’ unions.

Information Collected Automatically

Motley Digging Tools also automatically collects your IP address and referring website address, browser type, domain name and website access frequency. This information is intended to help facilitate your online experience on the Sites. Motley Digging Tools uses cookies to track usage patterns on the Sites and to control the display of ads, as well as to offer other functionalities (such as screening for age and “recognizing” you to speed up your log-in when you visit the Sites). You can turn off cookies, but that will affect your online experience. See below for more detail on cookies.

3. Purposes of Use of Collected Information

Motley Digging Tools uses Personal Information only for the purpose described in this Privacy Policy or otherwise. 

     4. Credit Card Companies

In the event that you choose to transact using a credit card, Motley Digging Tools will supply to your credit card company all relevant information about the name of the vendor, item(s) purchased, purchase date, total cost and other information necessary to process the transaction. Motley Digging Tools will not otherwise provide any Personal Information to your credit card company without your permission.

5. Disclosure to Third Parties

Motley Digging Tools will not disclose your Personal Information to any third parties without your consent; provided, however, that Motley Digging Tools reserves the right to use or disclose to a third party any information without a customer’s consent in the following circumstances:

(i) If it is requested by any laws and regulations;

(ii) If Motley Digging Tools deems it necessary for protection and security of human life, body or assets (including the Sites);

(iii) If Motley Digging Tools deems it particularly necessary for improvement of public health or enrichment of children’s welfare;

(iv) If Motley Digging Tools deems it particularly necessary for cooperation with a governmental body or other public organization or its designee in discharging its duties pursuant to the laws and regulations (including investigating breach of laws), or otherwise deems it particularly necessary for the public interest;

(v) If Motley Digging Tools outsources the handling of personal information to the extent necessary for its business operation.

6. Personal Data Request

(1) The individual customer that is identifiable by the personal information (the “Owner”) may request Motley Digging Tools for the notification of the purpose of use of Retained Personal Data as third party (such request being referred to herein collectively as “Personal Data Request”) please write to info@motleybeachscoops.com

7. Cookies

Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a website. Cookies do not contain any Personal Information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best. Therefore, cookies enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser settings. Our Sites are viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features will not be available to you.

The following information may be collected through your device and browser:

• your device’s IP address (collected and stored in an anonymized format);

• your email address including first name and surname;

• device screen size;

• device type (unique device identifiers) and browser information;

• geographic location (country only);

• preferred language used to display the webpage.

• referring domain;

• pages visited;

• geographic location (country only);

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8. Security of Personal Information

We use Secure Sockets Layer (SSL) technology to encrypt important information, such as your credit card data, in an effort to prevent unauthorized access during transmission of your orders over the Internet. We implement standard industry practices internally and with our service providers to maintain the security of your Personal Information depending on its sensitivity and to avoid disclosure of such Personal Information unpermitted under this Privacy Policy.

Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Please note, however, that any Personal Information you post in chat rooms or message boards is available to anyone. WHILE MOTLEY DIGGING TOOLS  HAS TAKEN COMMERCIALLY REASONABLE PRECAUTIONS TO SAFEGUARD PERSONAL INFORMATION, MOTLEY DIGGING TOOLS  CANNOT AND DOES NOT GUARANTEE COMPLETE SECURITY OF PERSONAL INFORMATION BECAUSE COMPLETE SECURITY DOES NOT PRESENTLY EXIST ON THE INTERNET.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

9. Transfer of Personal Information

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Motley Digging Tools will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

10. Changes to our Privacy Policy

We will occasionally update this Privacy Policy as necessary to protect our users and to accommodate a changing environment. The changes to our Privacy Policy will be deemed to be effective from the date of posting on our Sites unless we specify otherwise. We recommend that you check the Privacy Policy when you visit our Sites to be sure that you are aware of and understand our current policy. If we make material changes to this Privacy Policy, we will make efforts to prominently post such changes prior to implementing the change. We will not make any retroactive material changes in how we handle previously collected Personal Information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will make efforts to inform registered visitors of information on material changes to this Privacy Policy via email.

Contact Information for Questions or Complaints
Please contact us if you have any questions, comments or complaints regarding this Privacy Policy, our privacy practices or our treatment of your Personal Information.
Please refer to contact information of Motley Digging Tools *The following Sites included but are not limited to and may be updated without notice:

https://www.motleybeachscoops.com

http://www.motleyscoops.com

http://www.motleydiggingtools.com

Notice on the (personal) data obtained from the Internet site concerning European residents

11. Personal data

This Notice describes the manner in which Motley Digging Tools as (hereinafter collectively referred to as “Motley Digging Tools” or “we”) protect and process (personal) data concerning European residents obtained through Motley Digging Tools websites (collectively, the “Sites”).*

The basic mind-set of Motley Digging Tools in respect to the protection and processing of (personal) data concerning European residents can be summarized as follows:

1. Either Motley Digging Tools is the controller within the meaning of the European General Data Protection Act (“GDPR”) for the handling of personal data concerning European residents obtained through the Site(s) in compliance with the obligations set forth by relevant data protection law such as the GDPR, as well as this privacy policy. Which entity is the controller depends on the Site you are visiting. Moreover, depending on the processing activity, of Motley Digging Tools.Please contact us at info@motleydiggingtools.com, if you wish to obtain more information.

2. Motley Digging Tools will acquire personal data by lawful and fair means.

3. Motley Digging Tools will utilize personal data upon making clear the purpose of utilization, and will only use the personal data within the scope of the purpose.

4. Motley Digging Tools will not provide acquired personal data to a third party, except in cases in described in this privacy policy or the cookie policy.

5. Motley Digging Tools will appropriately manage personal data in order to secure its accuracy, and will also take reasonable safety measures in order to prevent leakage, loss, damage, etc. of personal data.

6. Motley Digging Tools will manage personal data appropriately and take reasonable safety measures when personal data is utilized internally within the group or by third parties within the scope of its purpose of utilization or if personal data handling is outsourced.

Please be sure to read this entire privacy policy before using or submitting information to the Sites. For more information on Motley Digging Tools use of cookies an similar technologies, please refer to our cookie policy.

12. Legal basis

We will process your personal data obtained through the Sites in accordance with applicable law, including the GDPR. When we process your personal data, such processing will be based on any of the following grounds listed in the GDPR:

(a) your consent;

(b) the performance of a contract to which you are a party (or in order to take steps at your request prior to entering into a contract);

(c) compliance with a legal obligation to which Motley Digging Tools is subject;

(d) in order to protect the vital interests of you or of another natural person; or

(e) legitimate interests of Motley Digging Tools or a third party.

13. Purposes for which your personal data may be processed

We may process your personal data obtained through the Sites for the following purposes:

(a) to send you information requested by you;

(b) to perform and manage your orders for products and/or services;

(c) to manage your Motley Digging Tools (if any);

(d) to send you safety instructions or use instructions for your Motley Digging Tools products and services;

(e) to send you information about new features or new products or services that may be relevant for you based on the Motley Digging Tools products and services previously purchased by you;

(f) to ask you to participate in surveys and to manage the outcome of surveys in which you have participated;

(g) to analyze your use of our products and services for quality control, product development and marketing purposes;

(h) to send newsletters and commercial messages to you, which messages may be specifically tailored for you based on the type of services and products purchased by you and your use thereof;

(i (j) to satisfy statutory obligations of Motley Digging Tools, such as obligations regarding bookkeeping and tax law;

(k) to enable Motley Digging Tools to perform possible product recalls and to enforce and defend its rights in disputes;

(l) (m) to improve your online experience on our websites;

14. Types of personal data we process

We may collect your personal data in the following manner(s):

(a) When contacting us or when purchasing or using our products or services you may be asked to submit certain personal data, such as contact information when requesting information or contact and payment information when ordering products or services.

(b) When you create and maintain a Motley Digging Tools account, you may be asked to provide certain personal data, such as name, user name, email address and password, and to keep such personal data up to date.

(d) When you visit and use the Site, our servers automatically record certain data, such as URL, IP address, browser type and language, and the date and time of your visit. Also, we may collect personal data concerning your use of the Site. Your personal data is obtained by cookies and similar mechanisms. The Sites will inform you of our use of cookies and similar mechanisms.

(e) By obtaining certain personal data from third parties. We will always ask such third party to confirm that making the personal data available to us is in compliance of law, e.g. because you have consented to such transfer of personal data.

When we ask you to submit your personal data, we will indicate which data fields are optional. If you fail to provide us with the obligatory information, we may not be able to adhere to your request (e.g. to create a Motley Digging Tools account).

Depending on the purpose of processing, Motley Digging Tools may process the following personal data from you: name, contact information (including telephone number and e-mail address), shipping and billing address, date of birth, gender, the sort of products or services purchased or used by you, specific requests made by you, payment information (such as credit card information), 

We will not store your personal data for a longer term than necessary for compliance with the storage terms provided for by law and the fulfilment of the purposes as mentioned in this privacy policy.

 (c) See Here for More Details on Joint Users of Personal data

We may share your personal data, such as your name and e-mail address, with third parties not affiliated with us if you have consented to receive e-mail offers from such third parties. See Section 5 for more details. In addition, Motley Digging Tools may share your personal data to your credit card company, bank or another payment service provider in the context of a transaction. See Section 6 for more details. In exceptional circumstances, Motley Digging Tools may share your personal data with other third parties. See Section 7 for more details.

15. Marketing

Marketing through newsletter and emails

We may use your contact information to send you newsletters and commercial emails, such as to inform you about new developments in relation to our products and services. Also, we may extend e-mail offers to you on behalf of business partners about a particular product or service that may be of interest to you, without sharing your name or e-mail address with or disclosing your name or e-mail address to those business partners. Where required under applicable law, we will only send you such commercial emails if you have consented to receiving such emails.

Sometimes we will give you the opportunity to opt in to receive e-mail offers from third parties not affiliated with us in accordance with applicable laws. If you decide to accept these offers, we will provide, upon your consent, your contact information to the third party. We urge you to review carefully the privacy policies of these firms. We are not responsible for the privacy policies and procedures of any third party.

At any time you may notify us that you no longer wish to receive newsletters or other commercial messages from us via email. We will process your notification in due course and remove you from our mailing list.

Marketing through social media platforms

Only for those of you who have social media accounts Motley Digging Tools will also share your profile data to provide you with the best promotional content on social media platforms. Motley Digging Tools may use your profile data like email address or phone number to build audiences in Google, Facebook and other similar channels through a protected way of processing your data, also called hashing. The purpose is to use these audiences to increase the relevancy of ads shown to you. This means that you will either see ads that are relevant based on your interests and/or you will be excluded from seeing ads that are not relevant.

Based on the audiences that are built, you will be shown ads on websites or apps that are part of the network of Google, Facebook and other similar channels.

Based on past visits to Motley Digging Tools websites or apps and your acceptance of Targeted advertising cookies, audiences will be built to show you relevant ads via Google, Facebook and other similar channels.

Opting out

After you have opted in via the acceptance of cookies or registration for promotional updates, you can always opt out by the below options:

– At any time you can opt out from our promotional emails by hitting the unsubscribe button at the bottom of the mails

– At any time you can opt out from the use of cookies by visiting the settings of Google, Facebook or other similar channels

16. Credit card companies, banks and other payment service providers

In the event that you choose to transact using a credit card or debit card, we will supply to your credit card company, bank or other payment service provider all relevant information about the name of the vendor, item(s) purchased, purchase date, total cost and other information necessary to process the transaction. Motley Digging Tools will not otherwise provide any personal data to your credit card company, bank or payment service provider without your permission.

17. Disclosure to third parties

We will not disclose your personal data to any third parties other than your credit card company, bank or other payment service providers or our processors without your consent; provided, however, that we reserve the right to use or disclose to a third party any information without your consent in the following circumstances:

(a) If it is requested by any laws and regulations, in order to comply with legal obligations Motley Digging Tools is subject to;

(b) If we deem it necessary for protection and security of vital interests of you or third parties, including human life, body or assets (including the Sites), such as for improvement of public health or

(c) If we deem it particularly necessary for cooperation with a governmental body or other public organization or its designee in discharging its duties pursuant to the laws and regulations (including investigating breach of laws), or otherwise deems it particularly necessary for the performance of a task carried out in the public interest;

(d) If we outsource the handling of personal data to the extent necessary for its business operation.

We will use best efforts to inform you prior to such disclosure, including of the recipient of your personal data, by means of this privacy policy or, if appropriate, we will make efforts to inform you via other methods (e.g. email) when you are a registered visitor.

18. Cookies

We may collect and process information, including personal data, using cookies and similar technologies when you visit and use the Site. For example, we may collect URL, IP address, browser type and language, and the date and time of your visit. Also, we may collect personal data concerning your use of the Site. Please go to our cookie policy for a detailed overview on we handle cookies and similar technologies.

Moreover, our advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. Please go to our cookie policy for more information.

19. Security of personal data

We maintain state of the industry security measures to avoid unauthorized access to, alteration, disclosure or loss of your personal data. For example, we use Secure Sockets Layer (SSL) technology to encrypt important information, such as your credit card data, in an effort to prevent unauthorized access during transmission of your orders over the Internet. We implement standard industry practices internally and with our service providers to maintain the security of your personal data depending on its sensitivity and to avoid disclosure of such personal data unpermitted under this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. We also recommend not to re-use passwords on other websites.

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20. Your rights

You have the right to request from Motley Digging Tools access to and rectification or erasure of personal data or restriction of processing concerning you or to object to processing as well as the right to data portability.

Where the processing of your personal data is based on your consent, you have the right to withdraw the consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

You have the right to lodge a complaint about our processing of your personal data with the Dutch Data Protection Authority (Autoriteit persoonsgegevens) or the possible competent supervisory authority in your country.

You may invoke any of these rights by sending your request to: info@motleybeachscoops.com

We reserve the right to refuse any requests if your identity cannot be demonstrated by you and/or we can invoke any of the exceptions stated in the GDPR. In such case, we will inform you of the refusal.

21 Contact information for questions or complaints

Please contact us if you have any questions, comments or complaints regarding this privacy policy, our privacy practices or our treatment of your personal data, using the following contact details:

info@motleybeachscoops.com

*Please note that this privacy policy also applies to any processing of personal data concerning non-EU residents obtained through the Sites to which the GDPR applies.

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