Delaware (DPDPA)

This section provides additional information for Delaware residents under the Delaware Personal Data Privacy Act (DPDPA).

The terms used in this section have the meanings given to them under the DPDPA. The DPDPA generally applies to Delaware residents acting in an individual or household context and does not apply to individuals acting in a commercial or employment context. Certain information and entities may also be exempt from the DPDPA as provided by law.

For privacy-related questions or requests, please email privacy@windnsails.com.

Wind ’n’ Sails may process personal data in connection with your purchases, use of our website, interactions with our services, and communications with us.

Depending on how you interact with Wind ’n’ Sails, the categories of personal data we process may include:

For additional information about the personal data we collect, the purposes for which we process it, and the categories of third parties with which we disclose it, please review our Privacy Policy.

Wind ’n’ Sails may process certain personal data for targeted advertising as defined by the DPDPA. This may include personal identifiers, internet or other electronic network activity, and commercial information.

Targeted advertising generally involves displaying advertisements selected based on personal data obtained or inferred from your activities over time and across nonaffiliated websites or online applications in order to predict your preferences or interests.

You have the right to opt out of the processing of your personal data for targeted advertising. To exercise this right, visit Your Privacy Choices.

Wind ’n’ Sails does not sell personal data as defined by the DPDPA.

If our practices change, we will update our disclosures and provide applicable opt-out rights as required by law.

Wind ’n’ Sails does not engage in profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning consumers, as those terms are defined under the DPDPA.

Subject to applicable exceptions and limitations, Delaware residents have the following rights under the DPDPA.

You have the right to:

Certain information may be excluded where disclosure would require Wind ’n’ Sails to reveal a trade secret or where another exception under applicable law applies.

You have the right to request correction of inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for which it is processed.

You have the right to request deletion of personal data provided by you or obtained about you, subject to applicable exceptions under the DPDPA.

We may retain certain information when permitted or required by law, including where reasonably necessary to provide requested products or services, comply with legal obligations, protect the security and integrity of our systems, prevent or investigate fraud or other unlawful activity, establish or defend legal claims, or for other purposes permitted by law.

You have the right to obtain a copy of personal data processed by Wind ’n’ Sails in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance where the processing is carried out by automated means, subject to applicable exceptions.

You have the right to obtain a list of the categories of third parties to which Wind ’n’ Sails has disclosed your personal data.

Additional information about the categories of third parties with which we disclose personal data is available in the How We Disclose Your Personal Information section of our Privacy Policy.

You have the right to opt out of the processing of your personal data for certain purposes.

You may opt out of the processing of your personal data for targeted advertising by visiting Your Privacy Choices.

Wind ’n’ Sails does not sell personal data as defined by the DPDPA.

Wind ’n’ Sails does not engage in profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning consumers as defined by the DPDPA.

Where the DPDPA requires consent before processing sensitive personal data, Wind ’n’ Sails will obtain the required consent before engaging in such processing.

Where applicable, you may revoke consent through a mechanism that is at least as easy to use as the mechanism through which consent was provided. Following a valid revocation, we will cease the applicable processing as soon as practicable and within the period required by law.

For personal data concerning a known child, we will process such information in accordance with applicable parental or legal-guardian consent requirements and other applicable law.

Where Wind ’n’ Sails has actual knowledge, or willfully disregards, that a consumer is at least 13 years old but younger than 18 years old, we will not sell that consumer’s personal data or process that consumer’s personal data for targeted advertising without the consumer’s consent, as required by the DPDPA.

You may designate an authorized agent to exercise your right to opt out of:

An authorized agent may communicate your opt-out preference through a qualifying platform, technology, internet link, browser setting, browser extension, global device setting, or other mechanism permitted under applicable law.

Where required, we may take commercially reasonable steps to verify your identity and the authorized agent’s authority to act on your behalf.

Wind ’n’ Sails recognizes qualifying universal opt-out preference signals as required by the DPDPA.

A universal opt-out mechanism allows you to communicate your preference to opt out of targeted advertising or the sale of personal data through a supported browser, browser extension, device setting, or other qualifying technology rather than submitting a separate request to each website.

When we receive a qualifying opt-out preference signal that meets applicable legal requirements and can reasonably be determined to apply to a Delaware consumer, we will process the signal in accordance with the DPDPA.

You may also exercise your privacy choices directly through Your Privacy Choices.

To exercise an applicable Delaware privacy right, you may:

You are not required to create a new Wind ’n’ Sails account solely to exercise your privacy rights. We may, however, ask you to use an existing account where permitted by law.

Please provide sufficient information for us to understand and respond to your request.

To protect your personal data, Wind ’n’ Sails may take reasonable steps to authenticate requests to exercise applicable access, correction, deletion, and portability rights.

Depending on the nature of your request, we may:

If we cannot reasonably authenticate a request, we may be unable to fulfill it.

Opt-out requests are handled in accordance with the authentication and verification requirements applicable to those requests under the DPDPA.

We will respond to a valid consumer request without undue delay and generally within 45 days after receiving the request.

When reasonably necessary because of the complexity or number of requests, we may extend the response period by an additional 45 days. If an extension is required, we will notify you within the initial 45-day period and explain the reason for the extension.

Information provided in response to a consumer request will generally be provided free of charge once during any 12-month period.

If a request is manifestly unfounded, excessive, or repetitive, we may charge a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request, as permitted by the DPDPA. Wind ’n’ Sails bears the burden of demonstrating that a request is manifestly unfounded, excessive, or repetitive.

If we decline to take action on your privacy request, we will provide information explaining the decision and instructions for appealing it.

You may submit an appeal through Your Privacy Choices or by emailing privacy@windnsails.com and identifying your request as an appeal.

We will respond to your appeal in writing within 60 days after receiving it, including an explanation of any action taken or not taken in response to the appeal.

If your appeal is denied, you may submit a complaint to the Delaware Department of Justice at privacy@delaware.gov.

Wind ’n’ Sails will not unlawfully discriminate against you for exercising your rights under the DPDPA.

We will not deny goods or services, charge different prices or rates, or provide a different level or quality of goods or services because you exercised a DPDPA right, except as otherwise permitted by law.

Nothing in the DPDPA prohibits Wind ’n’ Sails from offering different prices, rates, levels, quality, or selections of goods or services in connection with your voluntary participation in a bona fide loyalty, rewards, premium-features, discount, or club-card program, where permitted by law.

We may update this Delaware Privacy Notice from time to time to reflect changes in our practices, services, or applicable law.

When appropriate, we will post the updated notice on our website and revise the applicable effective or last-updated date.

For questions about this Delaware Privacy Notice or to exercise your privacy rights, please contact:

Wind ’n’ Sails
Email: privacy@windnsails.com

You may also exercise applicable privacy choices through Your Privacy Choices.

For additional information about how Wind ’n’ Sails collects, uses, retains, and discloses personal information, please review our Privacy Policy.