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Utah UTCPA

Utah Consumer Privacy Act (UCPA) Notice – Wind ’n’ Sails
Utah Privacy Rights
This section provides additional information for Utah residents under the Utah Consumer Privacy Act (UCPA). Terms used in this section have the meanings given to them under the UCPA.
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, aggregated data, or publicly available information as defined under the UCPA.
For privacy-related inquiries, please contact privacy@windnsails.com.

Personal Data We Process
Wind ’n’ Sails may collect and process categories of personal data described in our Privacy Policy, including, as applicable:
  • Personal Identifiers
  • Contact Information
  • Commercial and Transaction Information
  • Internet or Other Electronic Network Activity
  • Device and Technical Information
  • Approximate Location Information
  • Preferences and Inferences
  • Other Personal Data You Choose to Provide
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.

Data “Selling” and Targeted Advertising
Wind ’n’ Sails may process certain personal data for targeted advertising as defined under the UCPA. Depending on the technologies and services used on our website, this may include:
  • Personal Identifiers
  • Internet or Other Electronic Network Activity
  • Commercial Information
  • Device and Technical Information
This processing may allow us and our advertising partners to provide advertisements that are more relevant to your interests.

Targeted Advertising
Utah 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.

Sale of Personal Data
Wind ’n’ Sails does not sell personal data for monetary consideration as the term “sale” is defined under the UCPA.
If our practices change and we engage in activities that constitute a sale of personal data under the UCPA, we will provide applicable notice and a method for Utah residents to exercise their right to opt out as required by law.

Sensitive Data
The UCPA provides additional protections for certain categories of sensitive data.
Where Wind ’n’ Sails processes sensitive data subject to the UCPA, we will provide clear notice and an opportunity to opt out of the processing as required by applicable law.
For personal data concerning a known child, we will process such information in accordance with the Children’s Online Privacy Protection Act (COPPA) and other applicable legal requirements.

Your UCPA Rights
Subject to applicable exceptions and limitations, Utah residents may have the following rights regarding their personal data.

Right to Confirm and Access
You have the right to:
  • Confirm whether Wind ’n’ Sails is processing your personal data.
  • Access the personal data we process about you.

Right to Correct
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.

Right to Delete
You have the right to request deletion of personal data that you provided to Wind ’n’ Sails, 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.

Right to Data Portability
You have the right to obtain a copy of personal data that you previously provided to us in a format that, to the extent technically feasible, is portable and, to the extent practicable, readily usable and allows you to transmit the data to another controller without impediment where the processing is carried out by automated means.

Right to Opt Out
You have the right to opt out of the processing of your personal data for:
  • Targeted advertising
  • The sale of personal data
You may exercise applicable opt-out rights through our Privacy Preferences page.

Right to Non-Discrimination
Wind ’n’ Sails will not discriminate against you for exercising your rights under the UCPA, except as otherwise permitted by law.
We will not deny goods or services, charge a different price or rate, or provide a different level or quality of goods or services solely because you exercised a right provided by the UCPA, subject to exceptions permitted by applicable law.
The UCPA permits certain differences in connection with a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program, and in certain circumstances following an opt-out of targeted advertising.

How to Exercise Your Utah Privacy Rights
You may submit a request to exercise an applicable Utah 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. If we are unable to authenticate your request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate the request or decline to act on the request as permitted by law.

Response Timing
We will respond to a privacy request within 45 days after receiving the request.
When reasonably necessary because of the complexity or volume of requests, we may extend the response period once by an additional 45 days. If an extension is required, we will notify you within the initial response period and explain why the extension is necessary.
If we decline to take action on your request, we will inform you of the reasons for our decision as required by applicable law.
We generally do not charge a fee for responding to your first request during a 12-month period. As permitted by the UCPA, we may charge a reasonable fee for certain subsequent requests or for requests that are excessive, repetitive, technically infeasible, manifestly unfounded, made primarily for a purpose other than exercising a privacy right, or that otherwise satisfy the statutory criteria for charging a fee or declining to act.

Children’s Privacy
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 we process personal data concerning a known child, we will process that information in accordance with COPPA and other applicable legal requirements.

Contact Us
For questions about this Utah Privacy Notice or our privacy practices, or to exercise your applicable privacy rights, please:
If you have concerns regarding your privacy rights, you may also contact the Utah Division of Consumer Protection.
This Utah Privacy Notice supplements the Wind ’n’ Sails Privacy Policy and applies to Utah residents to the extent the UCPA applies.