Texas TDPSA

This section provides additional information for Texas residents under the Texas Data Privacy and Security Act (TDPSA). Terms used in this section have the meanings given to them under the TDPSA.

This section applies only to individuals acting in an individual or household context and does not apply where an exemption under applicable law applies. It also does not apply to deidentified data or publicly available information as defined under the TDPSA.

For privacy-related inquiries, please contact privacy@windnsails.com.

Wind ’n’ Sails may collect and process categories of personal data described in our Privacy Policy, including, as applicable:

We process personal data for purposes described in our Privacy Policy, including to provide and fulfill orders, process payments, provide customer service, maintain and improve our website and services, prevent fraud and protect security, communicate with customers, comply with legal obligations, and conduct marketing and advertising activities.

Our Privacy Policy also describes the categories of personal data we may share and the categories of third parties with whom personal data may be shared.

Wind ’n’ Sails may process certain personal data for targeted advertising as defined under the TDPSA. Depending on the technologies and services used on our website, this may include:

This processing may allow us and our advertising partners to provide advertisements that are more relevant to your interests.

Texas residents have the right to opt out of the processing of personal data for targeted advertising.

You may exercise this right through our Privacy Preferences page or through another method we make available for submitting privacy choices.

Wind ’n’ Sails does not sell personal data for monetary consideration.

Because the TDPSA defines a “sale of personal data” more broadly than a traditional exchange of data for money, certain disclosures involving advertising or other third parties may constitute a “sale” under applicable law depending on the circumstances. Where applicable, Texas residents may exercise their right to opt out through our Privacy Preferences page.

The TDPSA provides Texas residents with the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

Wind ’n’ Sails does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects, such as decisions concerning access to financial or lending services, housing, insurance, health care, education enrollment, employment opportunities, criminal justice, or access to basic necessities.

Where Wind ’n’ Sails processes sensitive data subject to the TDPSA, we will do so in accordance with applicable law, including obtaining consent where required.

Sensitive data may include categories of information specifically designated as sensitive under the TDPSA, such as precise geolocation data and personal data collected from a known child.

We do not knowingly process sensitive data in a manner requiring consent under the TDPSA without obtaining the consent required by applicable law.

Subject to applicable exceptions and limitations, Texas residents may have the following rights regarding their personal data.

You have the right to:

You have the right to request that Wind ’n’ Sails correct 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 or obtained about you, subject to exceptions permitted by law.

We may retain certain information where necessary or permitted for purposes such as completing transactions, complying with legal obligations, detecting and preventing fraud or security incidents, exercising or defending legal claims, or other purposes permitted under applicable law.

Where required, we will instruct relevant processors to delete personal data associated with a valid deletion request.

Where applicable, you have the right to obtain a copy of personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance.

You have the right to opt out of the processing of personal data for:

You may exercise applicable opt-out rights through our Privacy Preferences page.

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

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

You may submit a request to exercise an applicable Texas privacy right by:

Please describe your request with sufficient detail to allow us to understand, evaluate, and respond to it.

We may request information reasonably necessary to authenticate your identity and your request. We will use personal data provided in connection with a privacy request only as reasonably necessary to authenticate and process the request or as otherwise permitted by law.

If we are unable to authenticate a request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate the request.

We will respond to an authenticated privacy request without undue delay and no later than 45 days after receiving the request.

When reasonably necessary, we may extend the response period once by an additional 45 days, taking into account the complexity and number of requests. 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 privacy request will be provided free of charge at least twice annually per consumer.

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 TDPSA.

You may designate another person to act as your authorized agent for purposes of exercising your rights to opt out of targeted advertising, the sale of personal data, or qualifying profiling, as permitted by the TDPSA.

An authorized agent may communicate your opt-out choice through methods permitted by applicable law, which may include certain technology indicating your intent to opt out.

We may take commercially reasonable steps permitted by law to verify your identity and the authorized agent’s authority to act on your behalf.

Authentication is not required for a consumer's own opt-out request. However, we may deny an opt-out request if we have a good-faith, reasonable, and documented belief that the request is fraudulent, as permitted by law.

Where required by applicable law and supported by our systems, Wind ’n’ Sails will process recognized browser- or device-based privacy preference signals in accordance with applicable legal requirements.

Because these signals generally operate at the browser or device level, your preference may need to be applied separately to each browser or device you use. If you clear your cookies, change browsers, or use a different device, you may need to renew your privacy preference.

You may also exercise applicable opt-out rights directly through our Privacy Preferences page.

If we decline to take action on your privacy request, we will provide you with the reason for our decision and instructions for appealing the decision.

You may submit an appeal through our Privacy Preferences page or by emailing privacy@windnsails.com and clearly indicating that your request is an appeal of a prior privacy-rights decision.

We will respond to an appeal within 60 days after receiving the appeal.

If your appeal is denied, we will provide information about how you may submit a complaint to the Texas Attorney General.

Our website and services are not directed to children under the age of 13, and we do not knowingly collect personal data from children under 13 except as permitted by applicable law.

Where the processing of personal data concerning a known child is subject to the Children’s Online Privacy Protection Act (COPPA) or other applicable law, we will process that information in accordance with applicable requirements.

For questions about this Texas Privacy Notice or our privacy practices, or to exercise your applicable privacy rights, please:

This Texas Privacy Notice supplements the Wind ’n’ Sails Privacy Policy and applies to Texas residents to the extent the TDPSA applies.