Terms and Conditions | The Peach Peddler

Retaining your personal data

Privacy Policy, Terms and Conditions

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This website uses cookies to monitor browsing preferences.
I endeavor to ensure that all information provided on this website is accurate however we, nor any third parties, provide any warranty or guarantee as to the accuracy or completeness of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
This website contains material which is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance, and graphics.
Reproduction of any website content including, but not limited to logos, written content, design, graphics, and photographs is prohibited other than in accordance with the Copyright Notice (below) which forms part of these Terms Of Use. If you wish to reproduce any information, images, or materials from this website please email thepeachpeddler@gmail.com for written permission.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
This website may also include links to other websites. These links are provided for your convenience, they do not signify that I endorse the website(s). I have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of The United States of America.

If you disagree with any part of these terms and conditions, please do not use my website.

Information about me

I operate the website www.thepeachpeddler.com and sell The Peach Peddler products through my website store. I trade only as The Peach Peddler, selling bears and other artist creations made by Christie Elyse Kotz (myself). My trading address is in Colorado Springs, Colorado, 80923. I have been operating under the company name "The Peach Peddler" / (username) thepeachpeddler since October 1999. I have owned the registered domain www.thepeachpeddler.com since September 24, 2010. Documentation is available upon request. Trademark application filed.

In the event of my death, all rights and legal protections pertaining to The Peach Peddler™ company, site, and creations which are held by me, Christie Elyse Kotz, will pass in full to my husband, Jeffrey Joseph Kotz, Sr.

Credit - This document was created using a template from Docular (https://docular.net).

1. Copyright notice

1.2 Subject to the express provisions of this notice:

(a) I, together with my licensors, own and control all the copyright and other intellectual property rights in my website and the material on my website; and

(b) all the copyright and other intellectual property rights in my website and the material on my website are reserved.

(c) All text, photographs, designs, or other medium used on my website are reserved. You may not use these, for any purpose,

without my express and written permission.

2. Copyright license

2.1 You may:

(a) view pages from my website in a web browser;

(b) download pages from my website for caching in a web browser;

(d) stream audio and video files from my website; and

(e) use my website services by means of a web browser,

subject to the other provisions of this notice

2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from my website or save any such material to your computer.

2.3 You may only use my website for your own personal purposes, and you must not use my website for any other purposes.

2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on my website.

2.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from my website (including republication on another website);

(b) sell, rent, or sub-license material from my website;

(d) exploit material from my website for a commercial purpose; or

(e) redistribute material from my website, save to the extent expressly permitted by this notice.

3. Acceptable use

3.1 You must not:

(a) use my website in any way or take any action that causes, or may cause, damage to the website or impairment of the

performance, availability, or accessibility of the website;

(b) use my website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or

harmful purpose or activity;

(c) use my website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data

extraction and data harvesting) on or in relation to my website without my express written consent.

4. Report abuse

4.1 If you learn of any unlawful material or activity on my website or any material or activity that breaches this notice, please let me know.

4.2 You can let me know about any such material or activity by email or using my abuse reporting form.

5. Enforcement of copyright

5.1 I take the protection of my copyright very seriously.

5.2 If I discover that you have used my copyright materials in contravention of the license set out in this notice, I may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you from using those materials. You could also be ordered to pay legal costs.

6. Permissions

6.1 You may request permission to use the copyright materials on my website by writing to me by email at

thepeachpeddler@gmail.com or contact me through my web contact form routed to the same email.

1. Introduction

1.1 I am committed to safeguarding the privacy of my online store patrons, website visitors. and service users.

1.2 This policy applies where I am acting as a data controller with respect to the personal data of my online store patrons, website visitors, and service users; in other words, where I determine the purposes and means of the processing of that personal data.

1.3 I use cookies on my website. Insofar as those cookies are not strictly necessary for the provision of my online store, website, and services, I will ask you to consent to my use of cookies when you first visit my website.

1.4 In this policy, "I", "me", "we", "us" and "our" refer to The Peach Peddler™ Christie Elyse Kotz. For more information about me, see Section 13.

2. Credit

2.1 This document was created using a template from Docular (https://docular.net).

You must retain the above credit. Use of this document without the credit is an infringement of copyright.

However, you can purchase from us an equivalent document that does not include the credit.

3. How I use your personal data

3.1 In this Section 3 I have set out:

(a) the general categories of personal data that I may process;

(b) the purposes for which I may process personal data; and

(c) the legal bases of the processing.

3.2 I may process data about your use of my website and services ("usage data"). The usage data may include your IP address, geographical location, browser type, and version, operating system, referral source, length of visit, page views, and website navigation paths, as well as information about the timing, frequency, and pattern of your service use. The source of the usage data is Wix.com and Google Analytics. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is my legitimate interests, namely monitoring and improving my website and services.

3.3 I may process your account data ("account data"). The account data may include your name, location, and email address, and telephone number. The source of the account data is you, the customer, or site visitor. The account data may be processed for the purposes of operating my website, providing my services, ensuring the security of my website and services, maintaining back-ups of my databases, and communicating with you. The legal basis for this processing is my legitimate interests, namely the proper administration of my website and business.

3.4 I may process your personal data that are provided in the course of the use of my services ("service data"). The service data may include your name, shipping address, telephone number, and email address. The source of the service data is the information you provide. The service data may be processed for the purposes of operating my website, providing my services, ensuring the security of my website and services, maintaining back-ups of my databases, and communicating with you. The legal basis for this processing is my legitimate interests, namely the proper administration of my website and business.

3.5 I may process information contained in any inquiry you submit to me regarding goods and/or services ("inquiry data"). The inquiry data may be processed for the purposes of offering, marketing, and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.6 I may process information relating to transactions, including purchases of goods and services, that you enter into with me and/or through my website ("transaction data"). The transaction data may include your contact details and your PayPal email address. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and I and/or taking steps, at your request, to enter into such a contract and my legitimate interests, namely the proper administration of my website and business.

3.7 I may process information that you provide to us for the purpose of subscribing to my email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.8 I may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. My website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is my legitimate interests, namely the proper administration of my website and business and communications with users.

3.9 I may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is my legitimate interests, namely the protection and assertion of my legal rights, your legal rights, and the legal rights of others.

3.10 I may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is my legitimate interests, namely the proper protection of my business against risks.

3.11 In addition to the specific purposes for which I may process your personal data set out in this Section 3, I may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person.

3.12 Please do not supply any other person's personal data to us, unless I prompt you to do so.

4. Providing your personal data to others

4.1 I may disclose your personal data to my insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.2 Financial transactions relating to my Facebook Page, Online Store, and Web Site may be handled by my payment services provider, Paypal.com. I will share transaction data with my payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries relating to such payments and refunds.

You can find information about the payment services providers' privacy policies and practices at Paypal: https://www.paypal.com/en/webapps/mpp/ua/privacy-full // Wix: https://www.wix.com/about/privacy // Facebook: https://www.facebook.com/full_data_use_policy

4.3 I may disclose your inquiry data to one or more of those selected third party suppliers of goods and services identified on my website, such as the United States Postal Service, FedEx, and UPS, for the purpose of using their services to fulfill orders you have placed through my sites. You can find information about their respective privacy policies at USPS.com: https://about.usps.com/who-we-are/privacy-policy/welcome.htm#notice UPS.com: https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page and FedEx: https://www.fedex.com/en-us/trust-center/global-privacy-policy.html

4.4 In addition to the specific disclosures of personal data set out in this Section 4, I may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person. I may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. International transfers of your personal data

5.1 In this Section 5, I provide information about the circumstances in which your personal data may be transferred to countries outside the United States of America.

5.2 My business is located and entirely operated within the United States of America. If you, the customer, are located outside of the United States of America, your information may be shared with the delivery partners in order to facilitate the delivery of my products.

5.3 My primary shipping service, The United States Postal Service is situated in The United States of America (USA). The USPS counterparts in your country will have access to your information as needed to complete delivery and to collect any import taxes owed by you, the customer. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from EUROPEAN COMMISSION: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.

5.4 You acknowledge that personal data that you submit for publication through my website or services may be available, via the internet, around the world. I cannot prevent the use (or misuse) of such personal data by others.

6. Retaining and deleting personal data

6.1 This Section 6 sets out my data retention policies and procedure, which are designed to help ensure that I comply with my legal obligations in relation to the retention and deletion of personal data.

6.2 Personal data that I process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3 I will retain your personal data as follows:

(a) Your name, shipping address, email address, telephone number, and PayPal email address will be retained for a minimum period of 3 years following the date of your last order or communication with my site, and for a maximum period of 5 following your last order or payment made to me, for the purposes of tax reporting on income received through my online store, web site, or Facebook.

6.4 In some cases it is not possible for me to specify in advance the periods for which your personal data will be retained. In such cases, I will determine the period of retention based on the following criteria:

(a) the period of retention of your name, shipping, address, email address, telephone number, and PayPal email address will be determined based on tax reporting requirements in the U.S.A.

6.5 Notwithstanding the other provisions of this Section 6, I may retain your personal data where such retention is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments

7.1 I may update this policy from time to time by publishing a new version on my website.

7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3 I may notify you of significant changes to this policy by email or through the private messaging system on my website.

8. Your rights

8.1 In this Section 8, I have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in my summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(c) the right to erasure;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

8.3 You have the right to confirm as to whether or not I process your personal data and, where I do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned, and the recipients of the personal data. Providing the rights and freedoms of others are not affected, I will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; I no longer need the personal data for the purposes of my processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, I may continue to store your personal data. However, I will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7 You have the right to object to my processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, I will cease to process the personal information unless I can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

8.8 You have the right to object to my processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, I will cease to process your personal data for this purpose.

8.9 You have the right to object to my processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10 To the extent that the legal basis for my processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11 If you consider that my processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the state of your habitual residence, your place of work, or the place of the alleged infringement.

8.12 To the extent that the legal basis for my processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.

9. About cookies

9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiration date unless deleted by the user before the expiration date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that I store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that I use

10.1 I use cookies for the following purposes:

(a) personalization - I use cookies to create activities and BI (cookies used for this purpose are: svSession);

(b) security - I use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect my website and services generally (cookies used for this purpose are: hs / incap_ses_${Proxy-ID}_${Site-ID} / incap_visid_${Proxy-ID}_${Site-ID} / nlbi_{ID} / XSRF-TOKEN);

(c) analysis - I use cookies to help us to analyze the use and performance of my website and services (cookies used for this purpose are: svSession); and

(d) cookie consent - I use cookies to store your preferences in relation to the use of cookies more generally (cookies used for this purpose are: smSession).

11. Cookies used by my service providers

11.1 My service providers use cookies and those cookies may be stored on your computer when you visit my website.

11.2 I use Google Analytics to analyze the use of my website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to my website is used to create reports about the use of my website. Google's privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are: gtag.js and analytics.js.

11.3 I use Wix.com to host my web site and online store. This service uses cookies for security and web site analytics. You can view the privacy policy of this service provider at https://www.wix.com/about/privacy. The relevant cookies are: smSession / svSession / hs / incap_ses_${Proxy-ID}_${Site-ID} / incap_visid_${Proxy-ID}_${Site-ID} / nlbi_{ID} / XSRF-TOKEN.

12. Managing cookies

12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/kb/PH21411 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2 Blocking all cookies will have a negative impact upon the usability of many websites.

12.3 If you block cookies, you will not be able to use all the features on my website.

13. My details

13.1 This website is owned and operated by Christie Elyse Kotz, operating under the business name The Peach Peddler™. (USPTO)

13.2 You can contact me:

(a) using my website contact form; or

(b) by email, using thepeachpeddler@gmail.com.