Privacy Policy

Last Modified: February 7, 2022

Introduction

Not Your Average Size, LLC ("NYAS" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy ("Policy" or "Privacy Policy") describes the types of information we may collect from you or that you may provide when you visit the website https://www.shopnyas.com/ (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information. All information you provide, such as email addresses or any additional personal information on or through any forms found on our Website, during our purchase processes, or anytime during receiving our services, will be used solely to support your relationship with us.

This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
It does not apply to information collected by:
• Us offline or through any other means, including on any other website operated by NYAS or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Policy.

We may update this Policy from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons. All changes are effective immediately and we will use reasonable efforts to alert you about any changes by updating the “Last Modified” date of this Policy. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children Under the Age of 18

We do not knowingly market to, solicit data from, or collect personal information from children under the age of 18. If you are under 18, do not use or provide any information on this Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information from our records. If you believe we might have any information from or about a child under age 18, please contact us at info@nyasize.com.

Information We Collect

Information You Provide to Us. We collect several types of information from and about users of our Website, including:

Contact Information. Personal contact information such as your first and last name, shipping address, email address, and telephone number ("Personal Information").

Marketing Data. Information, such as an email address, that we use to send marketing communications and your preferences for receiving communications about our activities.

Purchase Data. Information, such as your order history and information needed to process and fulfill your order, including order details, credit card number, debit card number, bank account number, billing address, and shipping address.

Other Information. Information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Automatic Collection. As you navigate through and interact with our Website, we and our service providers may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Device Information. Information regarding your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, the website you visited before browsing our Website, and general location information such as city, state, or geographic area.

Online Activity Data. Information regarding pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For more information, please see our Cookie Policy below.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Your Choices section below.

Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit NYAS, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information

We use your personal information that we collect about you or that you provide to us for the following purposes and as otherwise described in this Privacy Policy:

Delivery of Services. We may use your Personal Information to fulfill any orders placed through the Website, including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations.

Direct Marketing. We may use your Personal Information to send you NYAS-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications. We may also use your Personal Information to provide you with information, products, or services that you request from us.

Analytics Information. We may use third-party analytic tools, such as Google Analytics, Facebook Marketing, and Instagram Marketing, to assist us in improving our Website and in providing you with a more personalized experience.

Targeted Advertising. We may contract with third-party advertising companies and social media companies to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. Our third-party advertising partners may deliver advertisements tailored to your interests when you visit certain websites through the use of pseudonymous or non-personally identifiable data.

To Comply with Laws and Regulations. We may use your Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.

For Compliance, Fraud Prevention, and Safety. We may use your Personal Information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect you, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyber-attacks and identity theft.

Disclosure of Your Information

We may disclose Personal Information that we collect or that you provide, for the purposes outlined above, to the following category of recipients:

Contractors, Service Providers and Other Third Parties. We share Personal Information with contractors, service providers, and other third parties to enable such parties to perform functions on our behalf and under our instruction in order to carry out the purposes identified above including, but not limited to information technology services, information storage and security, payment processing, fraud detection, marketing management and communications, customer service functions, and statistical analysis.

Specifically, we use Shopify to power our online store and we use Google Analytics to understand how customers use our site. You can read Shopify’s Privacy Policy here and you can learn more about Google Analytics here. If you would like to learn about how to opt-out of Google Analytics, please read our section about your choices.

Business Reorganization. We may share Personal Information with any corporate purchaser, prospect, or other successor to the extent permitted by law in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by NYAS about our Website users is among the assets transferred.

Mandatory Disclosures and Legal Rights. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other legal or governmental request for information. We also share Personal Information to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims.

Data Retention

We will hold your information for as long as you continue to be a customer of NYAS and for as long as we are required to keep it for legal obligations. If you no longer wish for us to retain your data, you may request that we delete your information; however, we may have a continued legal or legitimate business purpose to continue to retain some of your data after your request. If this is so, we will only retain only what is absolutely necessary to fulfill our legal or legitimate business purpose.

Data Security Practices

We take our responsibility to protect your information very seriously. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information from unauthorized access, use, alteration, and destruction, we cannot guarantee the security of your Personal Information transmitted to our Website.

Cookie Policy

This Website uses cookies to allow us to provide our services to you. A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, commonly login information for a specific site or search settings on a search website. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

Approved third parties may also set cookies when you interact with our Site. Third parties include search engines, providers of measurement and analytics services, social media networks, and advertising companies. Third parties use cookies in the process of delivering content, including ads relevant to your interests, to measure the effectiveness of their ads, and to perform services on behalf of NYAS.

You can manage browser cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies, and when cookies will expire. If you block all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a website, and some features and services may not work. The following are the types of cookies we use and how we use them:

Necessary Cookies. These cookies help make the Website usable by enabling basic functions like page navigation and access to secure areas of the Website.

Session Cookies. We use session cookies, also known as “temporary cookies”, to help the Website recognize users and the information provided when they navigate through the Website. Session cookies only retain information about a user’s activities for as long as they are on the Website. Once the web browser is closed, the cookies are deleted.

Analytical/Performance Cookies. These cookies collect information about how you use the Website. These cookies do not gather information that identifies you. They are anonymous and help to improve how the Website functions.

Your Choices

The following are the rights and choices available to all users:

Access or Update Your Account Information. If you have registered for an account with us, you may review and update certain Personal Information in your account profile by logging into the account.

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Opt-out of Marketing Communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of our marketing email.

Targeted Advertising. You can opt out of targeted advertising and Google Analytics by following these links:

  • Facebook
  • Google
  • Google Analytics
  • LinkedIn
  • Instagram
  • Digital Advertising Alliance

“Do Not Track” Signals. We do not support browser “Do Not Track” signals, and do not change any of our data collection or use practices when we receive such signals.

Choosing Not to Share Your Personal Information. If you do not wish to provide information that we need to provide the Service, we will not be able to provide the Service to you.

Other Sites, Mobile Applications and Services

The Website may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your Personal Information. We encourage you to read the privacy policies of the other websites and online services you use.

Residents of the EEA

The following section outlines the privacy rights that the General Data Protection Regulation (“GDPR”) grants to resident of countries in the European Economic Area (“EEA”) or Switzerland (“European Resident”). You have additional rights regarding your personal data, as defined by the GDPR, including:

The Right to Access. You have the right to request copies of your personal data from us.

The Right to Rectification. You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The Right to Erasure. You have the right to request that we erase your personal data, under certain conditions with exceptions provided for by the GDPR.

The Right to Restrict Processing. You have the right to request that we restrict the processing of your personal data, under certain conditions with exceptions provided for by the GDPR.

The Right to Object to Processing. You have the right to object to our processing of your personal data, under certain conditions with exceptions provided for by the GDPR.

The Right to Data Portability. You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions with exceptions provided for by the GDPR.

The Right to Make a Complaint to a Data Protection Regulator. If you are a resident of the EEA, you may submit a complaint to your local regulator.

You can withdraw your consent to our collection or processing of your personal data or your personal information at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to such withdrawal, nor will it affect processing of your personal data or your Personal Information conducted in reliance on lawful processing grounds other than consent.

Exercising GDPR Rights

To exercise any of the above rights, you must submit a request to us by email at info@nyasize.com or:

14433 California Ave Posen, IL 60469

Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. We cannot respond to your request if we are unable to verify your identity or authority. Your verifiable request must include the reference “Request for GDPR Privacy Information” in the subject line and the body of the message must:

  • provide sufficient information that allows us to reasonably verify that you are the person whose Personal Information we have collected;
  • describe your request with sufficient detail; and
  • include an e-mail address or mailing address, as applicable, for us to send our response.

We strive to respond to verifiable consumer requests within 28 days; however, if we require an extension (up to an additional 28 days) we will inform you of this extension and the reason in writing.

The Website generally provides you with a reasonable means to view and change your profile information and you can opt-out of marketing communications at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.

California and Nevada Residents

Under the California Consumer Privacy Act of 2018 (“CCPA”) and Nevada’s Chapter 603A, California (“CA”) and Nevada (“NV”) residents have certain rights regarding our collection, use, and sharing of their Personal Information. This Privacy Policy applies to “Consumers” as defined by the CCPA. In the event of a conflict between any of our policies, statements, or notices, including but not limited to this Privacy Policy, this section will prevail as to CA Consumers and their rights under the CCPA. For purposes of this section only, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you, as defined under the CCPA. Personal Information does not include information that is aggregated or information that cannot be reasonably linked to you. Consistent with the CCPA, job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered consumers for purposes of this notice or the rights described herein.

Under the CCPA, you have the following rights:

Right to Notice. You have the right to be informed of NYAS’s privacy practices regarding the collection, use, sale, and sharing of Personal Information.

Right to Access. You have the right to access and request that we disclose the Personal Information that we have collected, used, or disclosed to third parties and also the business or commercial purposes for the collection of this data over the past 12 months.

Right to Request Deletion. You have the right to request that we delete your Personal Information that we have collected from you and are maintaining. Please be advised, however, that exceptions under the CCPA may allow us to retain and use certain Personal Information notwithstanding your deletion request.

The right to know if personal data is being sold or shared, and to whom. If your data is being sold, you have the right to request that we disclose the Personal Information we sell to third parties and also the business or commercial purposes for the sale of this data.

Right to Opt-Out of Sale. You have the right to opt-out of any sale of your Personal Information.

  • Nevada (“NV”) law also guarantees that Residents of NV have the Right to Opt- Out of any sale of your Personal Information.

Right to Equal Services and Prices. We will not discriminate against you in any manner prohibited by the CCPA for exercising any of your CCPA rights.

Exercising Rights as Residents of CA and NV

If you have provided NYAS with your Personal Information, you may exercise the above rights by submitting a verifiable consumer request to us by email info@nyasize.com or:

14433 California Ave Posen, IL 60469

Only you or a person registered with the CA Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. We cannot respond to your request if we are unable to verify your identity or authority. Your verifiable request must include the reference “Request for California/Nevada Privacy Information” in the subject line and the body of the message must:

  • provide sufficient information that allows us to reasonably verify that you are the person whose Personal Information we have collected;
  • describe your request with sufficient detail; and
  • include an e-mail address or mailing address, as applicable, for us to send our response.

We strive to respond to verifiable consumer requests within 30 days; however, if we require an extension (up to an additional 60 days) we will inform you of this extension and the reason in writing. Data disclosure request will only include data collected within the 12-month period preceding the receipt of the verified request. We do not charge a fee to process requests to exercise your rights unless the requests are found to be excessive, repetitive, or unfounded.

Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@nyasize.com or by mail using the details provided below:

14433 California Ave Posen, IL 60469