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Free Spirits LLC Privacy Policy (Effective July 25, 2025)

1 Overview and Scope

Free Spirits LLC (”Free Spirits”, “we”, “our” or “us”) respects your privacy and is committed to protecting the personal information you share with us.

This Privacy Policy explains how Free Spirits collects, uses, stores and shares personal information when you interact with our websites, mobile applications, events, products, services or communications (collectively, the “Services”).  It applies to personal information collected from visitors, prospective customers, customers and other individuals who interact with Free Spirits.  This policy does not apply to our employees or contractors.

Controller Identification

Under most data protection laws, the “data controller” is the entity that determines why and how your personal data is processed.  Free Spirits LLC acts as the controller for data collected through our Services.

• Legal business name: Free Spirits LLC
  
• Business address: Mililani Town, Hawaii 96789, United States
  
• Contact for privacy matters: privacy@freespiritshawaii.com
  
• Data Protection Officer (DPO): For questions about this policy or to exercise your rights, please contact our DPO at the email above or write to the address listed.
  

Jurisdiction

Free Spirits operates in the United States but may collect personal information from individuals worldwide.  We comply with applicable privacy laws, including the General Data Protection Regulation (GDPR) in the European Union, Brazil’s LGPD, and U.S. state laws such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).  All references to “personal data” or “personal information” mean information that identifies or relates to an identifiable individual, as defined by the relevant law .

2. Personal Information We Collect

Free Spirits collects personal information to provide our Services and operate our business.  We collect only what is necessary and relevant .  The categories of data we collect include:

1. Identifiers and contact information: full name, postal address, email address, phone number, account usernames and passwords.
   
2. Demographic information: such as age, date of birth, gender (if you choose to provide it) and communication preferences.
   
3. Transaction and payment information: order details, purchase history, billing address and limited payment card information (we use third‑party payment processors and do not store full card numbers).
   
4. Device and usage data: IP address, browser type, operating system, referring URLs, pages viewed, time spent on pages, links clicked and other analytics data captured via cookies or similar tracking technologies.
   
5. Location data: approximate location derived from your IP address or voluntarily provided shipping addresses.
   
6. Marketing and communication preferences: records of your opt‑in/opt‑out status for newsletters, promotions or surveys.
   
7. Special categories: We do not intentionally collect sensitive personal information (e.g., race, health data, sexual orientation).  If such information is provided inadvertently, it will be treated securely and deleted unless required for legal compliance.
   
8. Children’s data: Our Services are not directed at children.  We do not knowingly collect personal information from children under 13 and comply with the Children’s Online Privacy Protection Act (COPPA) .
   

3. How We Collect Information

We collect personal information in several ways:

• Direct interactions: When you sign up for an account, complete a transaction, submit a contact form, subscribe to our newsletter, participate in surveys or promotions, register for events or contact customer support.
  
• Automatic data collection: We use cookies, pixels, web beacons and similar technologies to gather information about your device and how you use our Services .  Cookies help us remember your preferences, deliver advertisements and understand usage patterns.  For more details, see our Cookie Notice.
  
• Third‑party sources: We may obtain personal information from payment processors, shipping providers, marketing partners and analytics platforms.  We ensure that such third‑party providers are contractually bound to process data only on our instructions.
  

4. Legal Basis for Processing (GDPR & International Users)

For individuals in the European Economic Area (EEA), United Kingdom, Brazil and other jurisdictions with similar requirements, our processing of personal data must be justified by a legal basis.  Depending on the context, Free Spirits relies on:

1. Consent: For marketing communications, use of non‑essential cookies and collection of optional personal information, we ask for your explicit consent.  You may withdraw consent at any time (see Section 9).
   
2. Contract: Processing necessary to fulfill a contract or pre‑contractual obligations, such as completing orders, providing customer support and managing your account .
   
3. Legitimate interests: We process certain data for our legitimate business interests (e.g., improving Services, securing our systems, preventing fraud) unless those interests are overridden by your rights or interests.
   
4. Legal obligations: We process data to comply with laws (e.g., tax and accounting obligations, responding to lawful requests from authorities).
   
5. Vital interests: In rare cases, we may process data to protect the vital interests of you or another individual.
   

5. How We Use Personal Information

We use personal information for the following purposes:

1. Provide Services and fulfill contracts: Process orders, ship products, manage accounts, provide customer service and respond to inquiries .
   
2. Improve our products and Services: Analyze usage patterns, develop new products, maintain website functionality, conduct surveys and improve user experience .
   
3. Marketing and promotions: Send newsletters, promotional materials or surveys where permitted by law.  We will obtain consent for electronic marketing where required and offer a clear opt‑out mechanism .
   
4. Personalization: Tailor content and recommendations based on your preferences and interactions.
   
5. Security and fraud prevention: Protect the integrity of our systems, detect and prevent fraud, and secure our Services .
   
6. Compliance and legal obligations: Comply with applicable laws, regulations, court orders or legal processes, and respond to lawful requests by public authorities.
   
7. Business transfers: In connection with a merger, acquisition, sale of assets or restructuring, information may be transferred to a third party.  In such cases, we will ensure an equivalent level of protection and notify you where required.
   

We will not use personal information for purposes inconsistent with this policy without informing you and, where required, obtaining consent. .

6. How We Share Personal Information

We may share personal information with:

1. Service providers: Third‑party vendors who perform services on our behalf, such as payment processors, shipping providers, analytics companies (e.g., Google Analytics), marketing agencies and IT service providers.  These partners are contractually required to use your data only as necessary to provide services to us .
   
2. Business partners: With your consent, we may share information with business partners for joint offerings or co‑branded services.
   
3. Legal and regulatory authorities: When required by law, court order or governmental request, or when we believe disclosure is necessary to protect our rights, your safety or the safety of others .
   
4. Corporate transactions: If we are involved in a merger, acquisition or sale of assets, personal information may be transferred as part of the transaction.  You will be notified of any change in ownership or use of your personal data.
   
5. Third‑country transfers: When we transfer personal data outside the jurisdiction in which it was collected (e.g., from the EEA to the U.S.), we will use appropriate safeguards such as Standard Contractual Clauses or rely on adequacy decisions .
   

We do not sell personal information for monetary consideration.  However, certain marketing practices may constitute a “sale” or “sharing” under some state privacy laws.  We provide state‑specific opt‑out rights in Section 10.

7. Cookies and Tracking Technologies

Our Services use cookies and similar technologies to enhance functionality, analyze usage and personalize content.  Some cookies are essential for the operation of our Services (e.g., to remember session state), while others are used for analytics and advertising.

• Managing cookies: Most browsers allow you to control cookies through settings.  You can choose to block or delete cookies, but this may impact Service functionality.
  
• Third‑party analytics: We use tools like Google Analytics to collect aggregated information about site traffic and interactions.  These providers may use cookies or other identifiers; you can learn more about how Google uses data at https://www.google.com/policies/privacy/partners/.
  

8. Data Security

We employ technical and organizational measures to protect personal information against unauthorized access, disclosure, alteration or destruction .  Measures include:

• Data encryption (in transit via HTTPS and, where appropriate, at rest).
  
• Access controls restricting employee access based on job role.
  
• Multi‑factor authentication for critical systems.
  
• Regular security assessments and penetration testing.
  
• Vendor due diligence to ensure service providers use reasonable security measures.
  

No system can guarantee absolute security; however, we strive to follow industry best practices and continually improve our security program.  In the event of a data breach, we will notify affected individuals and regulators as required by law .

9. Data Retention

We retain personal information only for as long as necessary to fulfill the purposes for which it was collected and to comply with legal, accounting or reporting requirements .  Criteria used to determine retention periods include:

• The nature and sensitivity of the data.
  
• The purposes for which we process the data and whether we can achieve those purposes through other means.
  
• Legal requirements, such as tax or regulatory obligations.
  

Once the retention period expires, we securely delete or anonymize personal information .  For example, we typically retain account information for up to five years after your last interaction, unless a longer retention period is required by law or you continue to maintain an account with us.

10. Your Privacy Rights

Depending on where you live, you may have certain rights regarding your personal information.  We respect and facilitate these rights as described below .

10.1 Rights Under the GDPR and Other International Laws

If you are located in the EEA, UK, Switzerland, Brazil or jurisdictions with similar laws, you may have the right to:

• Access: Request confirmation of whether we process your personal data and obtain a copy of that data.
  
• Rectification: Request correction of inaccurate or incomplete personal data.
  
• Deletion: Request erasure of your personal data when it is no longer needed or if processing is unlawful.
  
• Restriction: Ask us to restrict processing in certain circumstances (e.g., while we verify accuracy of data).
  
• Portability: Receive your data in a structured, commonly used and machine‑readable format and transfer it to another controller.
  
• Objection: Object to processing based on our legitimate interests, or for direct marketing purposes, including profiling.
  
• Withdraw consent: Withdraw your consent where we rely on consent.
  

To exercise these rights, contact us at privacy@freespiritshawaii.com.  We will respond within one month, or as required by law, and may request additional information to verify your identity.

10.2 California and Other U.S. State Rights

California residents have rights under the CCPA/CPRA and similar state laws, including the right to:

• Know: Request disclosure of categories of personal information collected, sources of collection, purposes for which the information is used, categories of third parties with whom we share personal information, and specific pieces of personal information collected.
  
• Delete: Request deletion of personal information collected, subject to certain exceptions.
  
• Opt out of sale or sharing: Opt out of the “sale” or “sharing” of personal information as defined under California law.  We do not sell personal information, but our advertising practices may be considered sharing.  To opt out, please adjust your cookie preferences or email us at privacy@freespiritshawaii.com.
  
• Correct: Request correction of inaccurate personal information.
  
• Non‑discrimination: Exercise these rights without receiving discriminatory treatment.
  

To submit a verifiable request, please contact us as noted above.  We may need to confirm your identity and will respond within the timeframe required by law.

11. How to Opt In or Opt Out

You can manage your privacy preferences as follows:

• Marketing communications: You may opt out of marketing emails by clicking the “unsubscribe” link in any marketing email or contacting us.  Opting out will not affect transactional communications (e.g., order confirmations) .
  
• Cookies: Use our cookie banner or your browser settings to control cookies.  Non‑essential cookies will be disabled until you provide consent.
  
• Do Not Track: Our Services do not currently respond to Do‑Not‑Track signals.  We respect opt‑out preferences provided under applicable law.
  
• Account settings: If you have an account, log in to update your personal information or delete your account.
  

12. Dispute Resolution and Complaints

If you have concerns about how we handle your personal information, please contact us first.  We will investigate and respond promptly.  If you are located in the EEA, you may lodge a complaint with your local data protection authority.  Under U.S. laws, you may also contact your state attorney general.

In the event of a dispute, we aim to resolve issues internally within 30 days .  If resolution is not reached, you may seek mediation or file a complaint with the relevant supervisory authority .

13. Children’s Privacy

Our Services are not directed to children under 13.  We do not knowingly collect, use or disclose personal information from children under 13 without verified parental consent .  If we learn that a child under 13 has provided us with personal information, we will promptly delete such information.  If you believe we have collected personal information from a child without parental consent, please contact us.

14. International Transfers

Free Spirits is based in the United States, and your personal information may be transferred to servers located in the U.S. or other countries.  Data protection laws in those countries may differ from the laws in your jurisdiction.  When transferring personal data internationally, we rely on:

• Adequacy decisions (when applicable);
  
• Standard Contractual Clauses approved by the European Commission;
  
• Other lawful transfer mechanisms recognized by relevant authorities .
  

By using our Services or providing us with personal information, you consent to such transfers, storage and processing.

15. Changes to This Policy

We may update this Privacy Policy periodically to reflect changes in our practices, technologies, legal requirements or other factors.  We will post the updated policy on our website and update the “Effective Date” at the top.  If the changes materially affect your rights, we will provide additional notice (e.g., via email or prominent notice on our website).  Please review this policy regularly to stay informed about our practices .

16. Contact Us

If you have any questions, concerns or comments about this Privacy Policy or our privacy practices, you can contact us using the details below:

• Email: info@freespiritshawaii.com
  
• Mail: Free Spirits LLC – Privacy Inquiry
  
  Mililani Town, Hawaii 96789
  
  United States
  

This policy is intended for informational purposes and is not a substitute for professional legal advice.  Businesses should consult legal counsel to ensure compliance with all applicable privacy laws and tailor the policy to their specific operations .