Privacy Policy

PRIVACY POLICY


Last Updated: October 18, 2021


Prior version of the Privacy Policy available here.


This Privacy Policy (“Privacy Policy”) describes how Riot Accessories LTD and our subsidiaries and affiliates (collectively, “Pony-O,” “us,” “we,” or “our”)  collect, use and share your personal information in connection with our website at www.ponyo.com and any other websites we operate that link to this Privacy Policy (collectively, the “Site”), our social media profiles, our email communications, and our related products, sales, marketing, or events (collectively, the “Platform”), and the choices that you have with respect to your personal information.


We reserve the right, at any time, to modify this Privacy Policy.  If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy.  You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices.  We will note the effective date of the latest version of our Privacy Policy at the top of this Privacy Policy.  Your continued use of the Platform following posting of changes constitutes your acceptance of such changes.     


  • COLLECTION OF PERSONAL INFORMATION 

  • Personal Information We Collect.  The following are categories (with non-exhaustive examples) of personal information we may collect about you:

  • Categories

    Examples

    A. Individual Identifiers and Demographic Information

    Contact information, such as your name, address, phone number, and email address.

    Demographic information, such as general location information like city, state and geographic area.

    B.  Commercial Information 

    Payment information, such as your payment card number, billing address, and other payment details. We use third party payment providers to process payments on our behalf.

    Communications, such as email messages, phone calls, social media interactions, and other communications with us.

    Preferences, such as your preferences for receiving marketing and other communications and your product interests.

    C.  Internet or Network Activity

    Device information, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, the website you visited before browsing to our website, and general location information such as city, state or geographic area.

    Online activity information, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

    D.  Inferences Drawn from Personal Information

    Profiles reflecting your preferences and other characteristics, such as inferences regarding the type of products you like to purchase.


    We may also collect other personal information that is not specifically listed here, which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.


    Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us.


  • Sources of Personal Information. We obtain the categories of personal information listed above from the following categories of sources:

    • Personal Information You Provide.   We collect personal information when you voluntarily submit it to us.  For example, we may collect or receive personal information when you make a purchase on the Platform, sign up to receive our newsletters and emails, participate in our promotions, contests, or surveys, submit a request to our customer service team, interact with us on social media, or otherwise.

    • Automatically Collected Personal Information.  We, our service providers, and our advertising partners may automatically log information about you, your computer or mobile device, and your activity over time on our Platform and other sites and online services, including the device information and the online activity information described in the table above. Like many online services, the Platform uses cookies and similar technologies to facilitate automatic data collection, such as:
      • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising. For more information, please visit our Cookie Policy.
      • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.

    • Personal Information Obtained from Third Parties.  We may also receive personal information about you from other third party sources.  For example, we may receive personal information from our business and advertising partners, event sponsors, joint marketing partners, affiliates and related companies, and social media sites. We may also receive personal information from any third-party platforms or services that you connect with our Platform when completing your order or otherwise, so that we can complete your order or provide you with other feature, products, or services that you request.

  • USE OF PERSONAL INFORMATION

  • We may use your personal information for various purposes, including the uses below and as otherwise described in this Privacy Policy or at the time of collection:


  • To Provide the Platform and Our Products and Services.  We may use your personal information to:
    • provide you with the products, content, features, and services that you request;
    • process your transactions and orders;
    • communicate with you about the Platform and your orders (including by sending announcements, updates, security alerts, and support and administrative messages);
    • understand your interests, personalize your experience on the Platform, and deliver information about products and services relevant to your interests; and
    • respond to your inquiries and requests for customer support, including to investigate and address your concerns and monitor and improve our responses.

  • For Research and Development.  We use personal information to understand and analyze the usage trends and preferences of our users to make our Platform and other offerings better, diagnose technical issues, and develop new features and functionality.  As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect.  We make personal information into anonymous data by removing information that makes the data personally identifiable to you.  We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Platform and promote our business.

  • For Marketing and Promotional Communications.  We may send you Pony-O-related or other offers, promotions, and marketing communications as permitted by law.  You may opt-out of our marketing communications as described in the “Opt-out of Marketing Communications” section below.

  • Advertising.  We, our business partners, and our third party advertising partners may collect and use your personal information for advertising purposes.  We may contract with third-party advertising companies and social media companies to help us advertise our services, identify potential customers, and display ads on our Site and other sites, including through the use of interest-based advertising.  These companies may use cookies and similar technologies to collect information about you (including the device information and online activity information described above) over time across our Platform and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you and/or use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms.  You can learn more about your choices for limiting interest-based advertising, in the “Advertising Choices” section below.  

  • To Comply with Laws and Regulations.  We may use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

  • For Compliance, Fraud Prevention, and Safety.  We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of our Platform, products and services, business, databases and other technology assets; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Platform; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

  • With Your ConsentIn some cases we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law. 

  • SHARING OF PERSONAL INFORMATION 

  • In addition to the specific situations discussed elsewhere in this Privacy Policy or as otherwise described at the time of collection, we may share your personal information with the following categories of recipients: 


  • Service Providers.  We share personal information with third parties and individuals who perform functions on our behalf or help us run our business and the Platform, such as service providers that help us perform SMS and email services, website hosting, maintenance services, database management, web analytics, billing, payment processing, marketing, and other purposes.

  • Related Companies.  We may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us) or may be affiliated with us in the future for the purposes described in this Privacy Policy.

  • Business Transactions.  If we sell all or part of its business or make a sale or transfer of assets or are otherwise involved in a corporate divestiture, financing, merger, consolidation, acquisition, reorganization, sale, spin-off, or other disposition of all or any portion of the business or assets of, or equity interests in, Pony-O or our related companies (including, in connection with a bankruptcy or similar proceedings), we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.

  • Legal Authorities and Others.  We may disclose your personal information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention and protection purposes described above.

  • Advertising and Other Business Partners.  We may also share personal information collected about you with third parties who we partner with for advertising campaigns, contests, special offers, or other events or activities in connection with our Platform, that collect information about your activity on the Platform and other online services to help us advertise our products and service, that use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms, and/or that wish to provide you with information and promotions that may interest you.

  • Professional Advisors.  We may disclose your personal information to our professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

  • SECURITY OF PERSONAL INFORMATION 

  • No method of transmission over the Internet, or method of electronic storage, is fully secure.  While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.  


  • YOUR CHOICES 

  • You can make the following choices with respect to your personal information.


  • Opt-out of Marketing Communications.  You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at support@ponyo.com.  You may continue to receive service-related and other non-marketing emails.  

  • Text Messages.  We may offer communications via SMS texts or similar technology sent by Pony-O or our service providers, such as when we send you text messages for customer service, account-related, or marketing purposes.  To stop receiving text messages from Pony-O, reply STOP to any message you receive from us.  Note that we may send you a message to confirm receipt of your STOP request.  Message and data rates may apply for this service.  You can also opt-out of Pony-O marketing texts by emailing us your request and mobile telephone number to support@ponyo.com. 

  • Cookies.  Most browsers let you remove and/or stop accepting cookies from the websites you visit.  To do this, follow the instructions in your browser’s settings.  Many browsers accept cookies by default until you change your settings.  If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our Site may not work properly.  For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. For more information about the cookies we use on our Site, please visit our Cookie Policy.

  • Advertising ChoicesYou can limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, and/or using your mobile device settings to limit the use of the advertising ID associated with your mobile device.  You can also opt out of interest-based ads from any of our advertising partners participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp), the Digital Advertising Alliance (optout.aboutads.info), and the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu/). The opt-out preferences described here must be set on each device and/or browser for which you want them to apply.  Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies.  If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.  For more information, please visit our Cookie Policy.

  • Do Not Track.  Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com

  • Declining to Provide Information.  We need to collect personal information to provide certain services.  If you do not provide the information requested, we may not be able to provide those services.

  • INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION 

  • Pony-O is headquartered in the United States of America.  If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America.  By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.  


  • OTHER SITES AND SERVICES

  • Our Platform may contain links to websites, mobile applications or other online services operated by third parties. When you click on a link to any other website, mobile application or online service, you will leave our Platform and go to another site, and another entity may collect personal information or anonymous data from you.  In addition, our content may be included on other online services that are not associated with us. We have no control over, do not review, and are not responsible for, these third party online services or for their content or actions.  Other online services follow different rules regarding the collection, use and sharing of your personal information.  We encourage you to read the privacy policies of other online services that you visit or use.  The links to third party online services are for your convenience and do not signify our endorsement of, or affiliation with, any third party or its services.


  • CHILDREN

  • Our Platform is not intended for use by minors under the age of 16.  If we learn that we have collected personal information of a minor under 16 without the consent of the child’s parent or guardian as required by law, we will delete it as soon as possible.  If you believe that we might have any personal information collected online from a minor under 16, please contact us at support@ponyo.com.


  • NOTICE FOR CALIFORNIA RESIDENTS

  • This section applies only to California residents.  It describes how we collect, use and share personal information of California residents when we act as a “business” as defined under the California Consumer Privacy Act of 2018 (“CCPA”), and their rights with respect to their personal information.  For purposes of this section, “personal information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA.  In some cases we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.


  • Personal Information That We Collect, Use, and Disclose.  We describe:

    • the categories of personal information we may have collected about you in the preceding 12 months in the section above called “Personal Information We Collect”;
    • the categories of sources from which we collect your personal information in the section above called “Sources of Personal Information”;
    • the business and commercial purposes for which we collect this information in the section above called “Use of Personal Information”; and
    • the categories of third parties to whom we disclose this information in the section above called “Sharing of Personal Information”.

    Pony-O must also disclose whether the following categories of personal information are disclosed for a “business purpose” or “valuable consideration” as those terms are defined under the CCPA.  The CCPA also calls this latter category a “sale.”  Note that while a category below may be marked, that does not necessarily mean that we have personal information in that category about you.  


    In the preceding twelve months, we have disclosed the following categories of personal information in the manner described:


    Category

    Personal Information is Disclosed for a Business Purpose

    Personal Information is Disclosed for Valuable Consideration

    A.  Individual Identifiers and Demographic Information

    Yes

    Yes

    B.  Commercial Information

    Yes

    No

    C.  Internet or Network Activity

    Yes

    Yes

    D. Inferences Drawn from Personal Information

    Yes

    No


  • Your Rights as a California Resident.  The CCPA provides California residents with the rights listed below:

    • Right to Access.  You have the right to request that Pony-O disclose certain information to you about our collection and use of your personal information over the past 12 months, including:
      • The categories of personal information we collected about you.
      • The categories of sources of the personal information we collected about you.
      • Our business or commercial purpose for collecting or selling that personal information.
      • The categories of third parties with whom we share that personal information.
      • The specific pieces of personal information we collected about you.
    • Right to Erase/Delete.  You have the right to request that Pony-O delete any of your personal information that we collected from you and retained, subject to certain exceptions.
    • Right to Opt-Out of Sales.  If we “sell” your personal information, you can opt-out.  
    • Right to Nondiscrimination.  You are entitled to exercise the rights described above free from discrimination in the form or legally prohibited increases in the price or decreases in the quality of our products and services.  

    Please note, these rights are not absolute and in some cases we may not be able to respond your request, such as when a legal exemption applies or if we are not able to verify your identity.  


  • How to Exercise Your California Privacy Rights.

    • Access and Deletion Rights.  To exercise the access and deletion rights described above, please submit a request to us and provide the information we request that is required to verify your request by: 
      • Emailing us at support@ponyo.com, or 
      • Riot Accessories Ltd., 25587 Conifer Road, Unit 105-234, Conifer, CO 80433
    • Right to Opt-Out of the “Sale” of Personal Information.  Under California law, some of the data we share with our advertising partners may qualify as a “sale” as defined under the CCPA.  To exercise your right to opt-out of such “sale”, please:
      • Email us at support@ponyo.com

    When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity.  This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it.  We may also contact you to ask you for further information in relation to your request to speed up our response.  


    You may also designate an authorized agent to make a request on your behalf.  If you do so, we may require the requester’s proof of identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify your request, including evidence of valid permission for the authorized agent to act on your behalf.


    You will not have to pay a fee to access your personal information (or to exercise any of the other rights).  However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.


    We try to respond to all legitimate requests within 45 days of your request.  Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests.  In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.


  • NOTICE TO EUROPEAN USERS

  • The information provided in this section applies only to individuals in the European Union, the European Economic Area, and the United Kingdom (collectively, “Europe”).  Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.  


  • Controller.  The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Riot Accessories LTD.

  • Legal Bases for Processing.  The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it.  However, the legal bases we typically rely on are set out in the table below.  We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law).  If you have questions about the legal basis of how we process your personal information, contact us at support@ponyo.com. 

  • Processing Purpose (as described above in the “Use of Personal Information” section)

    Legal Basis

    To Provide the Platform and Our Products and Services

    Processing is necessary to perform the contract governing our operation of the Platform or our products and services, or to take steps that you request prior to purchasing our products or engaging our services.  Where we cannot process your personal data as required to provide the Platform, our products, and our services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and/or request. 

    For Research and Development

    Processing is based on our legitimate interests in performing research and development as described in this Privacy Policy.

    For Marketing and Promotional Communications

    Processing is based on your consent where that consent is required by applicable law.  Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business and showing you tailored relevant content.

    Advertising

    Processing is based on your consent where that consent is required by applicable law.  Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Platform. 

    To Comply with Laws and Regulations

    Processing is necessary to comply with our legal obligations.

    For Compliance, Fraud Prevention, and Safety

    Processing is necessary to comply with our legal obligations or based on our legitimate interests in protecting our or others’ rights, privacy, safety, or property.

    With Your Consent

    Processing is based on your consent.  Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consented or in the Platform. 


  • Use for New Purposes.  We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis. 

  • Retention.  We will retain your personal data for as long as necessary to fulfill the purpose of collection, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, for fraud prevention purposes, or as long as required to meet our legal obligations.  

  • To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.


  • Your Rights.  European data protection laws give you certain rights regarding your personal information.  You may ask us to take the following actions in relation to your personal information that we hold:
    • Access.  Provide you with information about our processing of your personal information and give you access to your personal information.
    • Correct.  Update or correct inaccuracies in your personal information.
    • Delete.  Delete your personal information.
    • Transfer.  Transfer a machine-readable copy of your personal information to you or a third party of your choice.
    • Restrict.  Restrict the processing of your personal information.
    • Object.  Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights. 

    You may submit these requests by contacting us using the information provided below.  We may request specific information from you to help us confirm your identity and process your request.  Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions.  If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here


  • Cross-Border Data Transfer.  If we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so.  Please contact us at support@ponyo.com for further information about any such transfers or the specific safeguards applied.

  •  

  • Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

  • CONTACTING US

  •  

    You may contact us via email at support@ponyo.com or by writing to us at the address below:


    Riot Accessories LTD
    Attn: Privacy
    Riot Accessories Ltd.

    25587 Conifer Road

    Unit 105-234

    Conifer, CO 80433