Privacy Policy

Thank you for your interest in this Privacy Policy. This Privacy Policy explains which Personal Data we collect from you via our website and shop at www.surprisecastle.com, what we use it for, when we delete it and how your data is protected. In addition, we will inform you of the respective legal basis that allows us to process your data. Finally, we will also tell you about your rights in connection with the processing of your data.

What is Personal Data?
Personal Data is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.

What is Processing?

"Processing" means and covers virtually any handling of data.

What law applies?

We will only use your Personal Data in accordance with the applicable data protection laws, in particular:

• the Florida Digital Bill of Rights (“FDBR”);
• the California Consumer Privacy Act (“CCPA”) and the subsequent amendments from the California Privacy Rights and Enforcement Act (“CPRA”);
• the UK`s Data Protection Act (“DPA”); and
• the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.

Who is responsible for data processing?

The responsible party within the meaning of the above laws is Surprise Castle LLC, 4604 49th St N Ste 1054, St. Petersburg, FL 33709, USA (“Surprise Castle”, “we”, “us”, “our”).

If you have any questions about this policy or about our data protection practices in general, you can reach us via email using office@surprisecastle.com, or use our Contact Form.

Data collection

All Personal Data that we obtain from you will only be processed for the purposes described in more detail below. In particular, we collect Personal Data only if:

• you have given your consent;
• the data is necessary for the fulfillment of a contract / pre-contractual measures;
• the data is necessary for the fulfillment of a legal obligation; or
• the data is necessary to protect the legitimate interests of our company and business.

We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular Florida’s Sales And Use Tax Regulations) for up to 4 years. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

Data transfers

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

a) Internal

If necessary, we transfer your Personal Data within Surprise Castle. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to fulfill your order or to contact you in case of queries.

b) External bodies

Personal Data is transferred to our service providers in the following instances:

• in the context of fulfilling your orders, shipping and delivery,
• to use marketing services and to advertise our products online,
• to communicate with you,
• to provide our website and shop, and 
• to state authorities and institutions as far as this is required or necessary.

We usually do not transfer Personal Data to countries outside the USA. However, if we do, we ensure that processing of your Personal Data is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection.

Security of your data

In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction or access by unauthorized persons, we use appropriate technical and organizational security measures. The security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

Your Rights and Privileges

1. Privacy Rights

Under the FDBR amendment, you can exercise the following rights:

• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;

Under the CCPA and the CPRA amendment, you can exercise the following rights:

• The right to know/access;
• The right to delete;
• The right to opt-out of sale;
• The right to non-discrimination;
• The right to rectification;
• The right to limit use and disclosure of sensitive personal information;

Further, California’s “Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Information using the contact details provided.

Under the DPA and GDPR, you can exercise the following rights:

• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;
2. Updating your information

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.

3. Withdrawing your consent

You can withdraw consents you have given at any time by contacting us.

4. Access Request 

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

5. Complaint to a supervisory authority

You have the right to lodge a complaint about our processing of personal data with a supervisory authority responsible for data protection. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

6. Automated decision-making

Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making does not take place.

7. Do Not Sell

We do not sell your Personal Information.

8. COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

9. CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

10. Telephone Consumer Protection Act (TCPA)

If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.

11. Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

Processing of your Personal Data

1. Log files

As mentioned above, we want to provide you with an optimal user experience in our online shop and with our advertisements, which is tailored to your individual needs. To this end, we work together with various service providers and technology providers and use cookies and tracking methods.

The following data is collected anonymously for the purpose of demand-oriented design and optimization of this website:

• Information on the device used (e.g., operating system, browser, screen resolution, language set.
• Information on pages viewed during the website visit (e.g., category or product detail pages)
• Information within the ordering process (e.g., order number, delivery and payment method, shipping and/or billing address)
• Information on access data (e.g., entry via email newsletters, other websites or online advertising measures).

The scope of the stored and processed data is limited purely to the performance of statistical evaluations. Your IP address is made unrecognizable immediately after receipt, which means that it is not possible to assign usage profiles to IP addresses.

The collection of the data is necessary from a technical point of view in order to continuously optimize the functions as well as the presentation of our website on different devices, operating systems and browsers and to be able to make our offer more interesting for you as a user and is therefore based on the legitimate interest.

2. Cookies and Cookie Consent Management Tool

As described in our Cookie Policy, we use so-called cookies on our website. As the use of Non-essential Cookies requires your consent, we also use a cookie consent management tool to obtain and of course document your preferences. Consequently, we process: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent. For further information on the cookies we use, please refer to our Cookie Policy

3. Hosting of our website and shop

We use the hosting services of Shopify, for the purpose of hosting and displaying our website and shop. Shopify does so on the basis of processing on our behalf, and that also means that all data collected on our website and shop is processed on Shopify's servers.The basis for processing is our legitimate interest, and the initiation and/or fulfillment of a contract.

4. Contact options

We process and store the Personal Data provided in the contact enquiry solely for the purpose of processing and responding to your enquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection and the message field itself. In addition, your IP address is processed out of technical necessity and for legal protection. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service and your consent.

5. Shopping with us

We process your first name, last name, e-mail address, billing and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship

6. User account

It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.

7. Personal Data of Third Parties

Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.

8. Payment Data

If you make a purchase your payment will be processed via our payment service providers Stripe and PayPal. Payment data will solely be processed through Stripe or PayPal as selected by you, and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

9. Newsletter

If you subscribe we will use your email address to send you information about products, promotions, news and customer satisfaction surveys. You can find an unsubscribe link at the end of each newsletter. The legal basis is your consent.

10. Promotional use of your data

We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.

11. Economic analyses and market research

For business reasons, we analyze the data we have on business transactions, contracts, enquiries, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use both Google Analytics and Shopify Analytics by Shopify and you can find more information about both in our Cookie Policy. The legal basis is our legitimate interest and your consent.

Social Media

1. General

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.

2. Market research and advertising

In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behavior and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. You can find more information about our advertising on social media in our Cookie Policy. The legal basis is our legitimate interest.

3. When you visit our profiles and interact with us and others

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.

Advertising

We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.

We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website (e.g., orders placed, products clicked on). The legal bases for processing are our legitimate interest and your consent in case of cookies. For further information, please refer to our Cookie Policy.

Does this policy change?

We may update our Privacy Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use cookies. We recommend that you check here periodically for any changes to our Privacy Policy. This Privacy Policy was last updated on Saturday, October 25th 2023.

Who should I contact for more information?

If you have any questions about this policy or about our data protection practices in general, you can reach us via email using office@surprisecastle.com, or use our Contact Form.