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TMB Privacy Policy

TMB Privacy Policy

The Martinez Brothers Privacy Policy

1. Introduction

At The Martinez Brothers LLC (“us”, “we”, “our” or the “Company”) we value your privacy and
the importance of safeguarding your data. This Privacy Policy (“Privacy Policy”) describes
our privacy practices for the activities set out below. As per your rights, we inform you how
we collect, store, access, and otherwise process information relating to individuals. In this
Policy, “Personal Data” refers to any information that on its own, or in combination with other
available information, can distinguish an individual.

We are committed to protecting your privacy in accordance with the highest level of privacy
regulation. As such, we follow the obligations under

• Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)
and the applicable provincial legislations
• the EU’s General Protection Data Regulation (GDPR)
• Brazil’s Data Protection Legislation (LGPD)
• California’s Consumer Protection Act (CCPA) and California Online Privacy
Protection Act (CalOPPA)

Scope

This policy applies to the The Martinez Brothers LLC websites and domains.

This Policy does not apply to third-party applications, websites, products, services or
platforms that may be accessed through (non The Martinez Brothers LLC ) links that we may
provide to you. These sites are owned and operated independently from us, and they have
their own separate privacy and data collection practices. Any personal data that you provide
to these websites will be governed by the third-party’s own privacy policy. We cannot accept
liability for the actions or policies of these independent sites, and we are not responsible for
the content or privacy practices of such sites.

Processing Activities

This Privacy Policy applies when you interact with us by doing any of the following:

• Make use of our application and services as an authorized user
• Visit any of our websites that link to this Privacy Statement
• Receive any communication from us including newsletters, emails, calls, or texts

2. Personal Data We Collect

Data You Provide

When you make a purchase, or attempt to make a purchase, we collect personal data as
part of your order information.

This data includes:

• Account information such as your name, email address, and password
• Payment information such as your billing address, phone number, credit card, debit
card or other payment method

We additionally collect the following personal data

• Demographic Data including age, gender
• Financial Information including credit card numbers
• Purchase Information specifically if personalized or unique
• Mobile device specific identifiers such as make and model, IMEI and phone number
• Government Identifiers such as driver’s license numbers, SSN, passport numbers
• Location Data
• Work related information such as your occupation, employment details
• Other personal data

If you provide us, or our service providers, with any Personal Data relating to other
individuals, you represent that you have the authority to do so and acknowledge that it will
be used in accordance with this Privacy Statement. If you believe that your Personal Data
has been provided to us improperly, or to otherwise exercise your rights relating to your
Personal Data, please contact us by using the information set out in the Contact Us section
below.

Device and Usage Data

When you visit a The Martinez Brothers LLC website, we automatically collect and store
information about your visit using browser cookies (files which are sent by us to your
computer), or similar technology. You can instruct your browser to refuse all cookies or to
indicate when a cookie is being sent. The Help Feature on most browsers will provide
information on how to accept cookies, disable cookies or to notify you when receiving a new
cookie. If you do not accept cookies, you may not be able to use some features of our
Service and we recommend that you leave them turned on.

We also process information when you use our services and products. This information may
include:

• Login Information
• Device IDs
• IP Address
• Time stamps
• Authentication records
• Location Information
• Individual Products you view
• Web terms or searches that led you to the site
• Time zone
• Other operational data

Data we collect from third parties

We may receive your personal data from third parties such as companies subscribing to The
Martinez Brothers LLC services, partners and other sources. This information is not collected
by us but by a third party and is subject to the relevant third party’s own separate privacy
and data collection policies. We do not have any control or input on how your personal data
is handled by third parties. As always, you have the right to review and rectify this
information. If you have any questions you should first contact the relevant third party for
further information about your personal data. Where that third party is unresponsive to your
rights, you may contact the Data Protection Officer at The Martinez Brothers LLC (contact
details below) and we can assist you.

Our websites and services may contain links to other websites, applications and services
maintained by third parties. The information practices of such other services, or of social
media networks that host our branded social media pages, are governed by third parties’
privacy statements, which you should review to better understand those third parties’ privacy
practices.

Purpose and Legal Basis for the Processing of Personal Data

We collect and use personal data about you with your consent to provide, maintain, and
develop our products and services and understand how to improve them.

These purposes include:

• To deliver your product or service
 ○ To fulfill orders including electronic and non-electronic shipment
• Building a Safe and Secure Environment
 ○ To Verify or authenticate your identity; and
 ○ Investigate and prevent security incidents such as breaches, attacks and
hacks.
• Providing, Developing, and Improving our Products and Services
 ○ Deliver, maintain, debug and improve our products and services.
 ○ Enable you to access The Martinez Brothers LLC services and set up
accounts.
• Provide you with technical and customer support.
• Organize and Deliver Advertising and Marketing
 ○ Send you newsletters and other marketing communications about current and
future products, programs and services, events, competitions, surveys and
promotions held by us or hosted on our behalf; and
 ○ Organize events or register attendees and schedule meetings for events.

Where we process your personal data to provide a product or service, we do so because it is
necessary to perform contractual obligations. All of the above processing is necessary in our
legitimate interests to provide products and services and to maintain our relationship with
you and to protect our business for example against fraud. Consent will be required to
initiate services with you. New consent will be required If any changes are made to the type
of data collected. Within our contract, if you fail to provide consent, some services may not
be available to you.

Third Party Tools

We use these third party tools to store your information:

• Klayvio

Sharing and Disclosure

We will share your personal data with third parties only in the ways set out in this Policy or
set out at the point when the personal data is collected.

We also use Google Analytics to help us understand how our customers use the site. You
can read more about how Google uses your Personal Information here:

https://www.google.com/intl/en/policies/privacy/

You can also opt-out of Google Analytics here:

https://tools.google.com/dlpage/gaoptout

We may also use your Personal Information to provide you with targeted marketing via
advertisements or communications (such as newsletters).

For more information about how targeted advertising works, you can visit the Network
Advertising Initiative’s (“NAI”) educational page at:

http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:

http://optout.aboutads.info/

Legal Requirement

We may use or disclose your personal data in order to comply with a legal obligation, in
connection with a request from a public or government authority, or in connection with court
or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property.
Where possible and practical to do so, we will tell you in advance of such disclosure.

Service Providers and Other Third Parties

We may use a third party service provider, independent contractors, agencies, or consultants
to deliver and help us improve our products and services. Service providers may be within or
located outside the EEA. We may share your personal data with marketing agencies,
database service providers, backup and disaster recovery service providers, email service
providers and others but only to maintain and improve our products and services. For further
information on the recipients of your Personal Data, please contact us by using the
information in the Contact Us section below.

3. Cookie policy

What are cookies?

A cookie is a small file with information that your browser stores on your device. Information
in this file is typically shared with the owner of the site in addition to potential partners and
third parties to that business. The collection of this information may be used in the function of
the site and/or to improve your experience.

How we use cookies

To give you the best experience possible, we use the following types of cookies:

• Strictly Necessary. As a web application, we require certain necessary cookies to run
our service.
• Preference.
 ○ We use preference cookies to help us remember the way you like to use our
service.
 ○ Some cookies are used to personalize content and present you with a tailored
experience. For example, location could be used to give you services and
offers in your area.
• Analytics.
 ○ We collect analytics about the types of people who visit our site to improve
our service and product.
• Marketing.
 ○ We share cookies with third party advertisers and/or partners to help provide
you with a personalized marketing experience.
 ○ We also allow third party partners to put their own cookies on our website.

4. Retention & Deletion

We will only retain your personal data for as long as necessary for the purpose for which that
data was collected and to the extent required by applicable law. When we no longer need
personal data, we will remove it from our systems and / or take steps to anonymize it.

5. Children's Privacy

We will not knowingly collect personal data from children under the age of 18 Years.

6. Your Rights to Your Personal Data

Depending on your geographical location and citizenship, your rights are subject to local
data privacy regulations. These rights may include:

Right to Access (PIPEDA, GDPR Article 15, CCPA, LGPD)

You have the right to request a copy of the personal data we are processing about
you.

Right to Rectification (PIPEDA, GDPR Article 16, LGPD)

You have the right to have incomplete or inaccurate personal data that we process
about you rectified.

Right to be Forgotten (right to erasure) (GDPR Article 17, CCPA, LGPD)

You have the right to request that we delete personal data that we process about
you, except we are not obliged to do so if we need to retain such data in order to
comply with a legal obligation or to establish, exercise or defend legal claims.

Right to Restriction of Processing (GDPR Article 18, LGPD)

You have the right to restrict our processing of your personal data where you believe
such data to be inaccurate; our processing is unlawful; or if we no longer need to
process such data for a particular purpose unless we are not able to delete the data
due to a legal or other obligation or because you do not wish us to delete it.

Right to Portability (PIPEDA, GDPR Article 20, LGPD)

You have the right to obtain personal data we hold about you, in a structured,
electronic format, and to transmit such data to another data controller, where this is
(a) personal data which you have provided to us, and (b) if we are processing that
data on the basis of your consent or to perform a contract with you or the third party
that subscribes to The Martinez Brothers LLC services.

Right to Objection (GDPR Article 21, LGPD)

Where the legal justification for our processing of your personal data is our legitimate
interest, you have the right to object to such processing on grounds relating to your
particular situation. We will abide by your request unless we have compelling
legitimate grounds for processing which override your interests and rights, or if we
need to continue to process the data for the establishment, exercise or defense of a
legal claim.

Right Not to Be Discriminated (CCPA)

You have the right not to be denied service or have an altered experience based on
having executed any of your CCPA rights.

Withdrawing Consent

If you have consented to our processing of your personal data, you have the right to
withdraw your consent at any time, free of charge, such as where you wish to unsubscribe
from marketing messages that you receive from us. If you wish to withdraw your consent,
please contact us using the information found at the bottom of this page.

How to Exercise Your Rights

You can make a request to exercise any of these rights in relation to your personal data by
sending the request to our privacy team by using the form below.

For your own privacy and security, at our discretion, we may require you to prove your
identity before providing the requested information.

7. Changes

We may modify this Policy at any time. If we make changes to this Policy then we will post
an updated version of this Policy on this website. When using our services, you will be asked
to review and accept our Privacy Policy. In this manner, we may record your acceptance and
notify you of any future changes to this Policy.

8. Complaints

If you have a complaint about this Policy or any element of your personal information that we
hold then please contact us below. If you are not satisfied, then you have the right to lodge a
complaint with the local data protection authority..

If you are based in the EEA, please visit this website
(http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061) for a
list of local data protection authorities.

9. Contact Us

To request a copy for your information, unsubscribe from our email list, request for your data
to be deleted, or ask a question about your data privacy, we’ve made the process simple:

Make a Data Request

The Martinez Brothers LLC

Email us at:

social@cuttinheadz.com

Write to us at:

Data Privacy Officer of The Martinez Brothers LLC
425 Grand Ave, #C8, Brooklyn, New york, NY 11238

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