Terms of Service and Privacy Policy

Last Published: August 30, 2022

1. Introduction. On Display, Ltd., an Ohio limited liability company (“On Display”, “us”, “our” or “we”) utilizes the Shopify platform as a complete commerce platform which enables merchants to access On Display’s online marketplace. The On Display marketplace provides a unified platform for all of On Display’s commercial activities, including, but not limited to, product management, inventory keeping, and payment, fulfillment and shipping operations. These Terms of Service and Privacy Policy (“Policy”) describe how On Display collects, uses, and shares information about merchants to On Display’s Shopify platform at www.popcentral.com (“Website”). The Website is used by merchants who wish to purchase curated products (the “Services”). This Policy describes how we obtain and use personal data (which can be used to identify a specific individual) and anonymous data (which cannot). Certain provisions of this Policy, which are clearly labelled, apply only to users who are citizens or residents of particular regions (e.g., the EU or California). Otherwise, this Policy applies to all users of our Services, regardless of location. On Display’s Services are not directed to children. If you become aware that a child (based on the jurisdiction where the child lives, which in the United States means someone under the age of 13) has provided On Display with personal data without parental consent, contact us at the email address identified below in the Contact Us section.

2. Information Collected. On Display collects personal information that you enter on the Website or otherwise volunteer to On Display when you contact us to, among other things, purchase or pay for Services or request information regarding specific services. You can choose not to provide certain information, but then you might not be able to take advantage of many of On Display’s features. For purposes of this Policy, “Personal Information” means information (whether stored electronically or in paper based filing systems) relating to an individual or entity that can be identified from that data (or from that data and other information in our possession). When you make a purchase on the Website, or correspond with us by phone, email, web chat or otherwise, we may collect Personal Information including, but not limited to, name, address, email, and phone.

3. Information Collected Automatically. When you visit the Website, our web server may automatically collect and store the following information:

  1. The Internet protocol (IP) address used to connect your computer to the Internet, referring website address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  2. Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Website (including date and time), pages on our Website you viewed; page response times, download errors, duration of page visits, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page; and
  3. Our Website uses cookies and pixel tags to collect this information.

4. Usage of Cookies. On Display’s Website uses cookies to personalize your experience.

5. Usage of Personal Information. We will use your Personal Information for the following (which is not intended to be an exhaustive list): to provide you with the Services that you request from us; to carry out our obligations arising from any contracts entered into between you and us; to contact you in the future to provide you with information about other products and services we offer; to notify you about changes to our services; to comply with applicable laws and regulations; for training purposes, quality assurance, and to record details about the products and Services you order from us; and to perform data analyses (including anonymization and aggregation of Personal Information).

6. Sharing of Personal Information with Third Parties. To provide the Services, we may disclose Personal Information to service providers. We may disclose your Personal Information to those third parties. By enjoying our Services and sharing your Personal Information, you agree that we have the right to share your Personal Information for this reason.

7. Storage of Personal Information. On Display uses reasonable and appropriate measures to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personal Information we collect. We will keep your personal data for as long as we need it, or as otherwise prescribed by law. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example if you have made a complaint) for as long as is necessary to protect us from a legal claim.

8. Access to Other Websites. The Website may include links to and from other websites. If you follow a link to any of these websites, please note that these websites are not covered by this Policy. We are not responsible for the privacy practices of any third parties or the content of linked sites although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites. This Policy only applies to how On Display deals with your Personal Information, and it does not apply to any other company or any other company’s websites even if you access them via our Website. Please check those websites’ policies before you submit any Personal Information to them.

9. Protecting Children’s Privacy. On Display is strongly committed to protecting the safety and privacy of children who visit the Website. Our Website is not designed nor is it intended to be used by children under 13, and we do not knowingly collect Personal Information online from children under 13 and have adopted techniques to ensure compliance with this Policy and the Children’s Online Privacy Protection Act of 1998.

10. California Residents.

  1. California consumers have the right to request that On Display disclose what Personal Information it has collected, used, disclosed, and sold over the 12-month period preceding On Display’s receipt of such a request. To exercise this right, a California resident must submit to On Display a verifiable request to know such information. This request can be submitted by sending such request to the email address set forth in the Contact Us section.
  2. California consumers have the right to request the deletion of their Personal Information collected or maintained by On Display. To exercise this right, a California consumer must submit to On Display a verifiable request to delete such information. This request can be submitted by sending such request to the email address set forth in the Contact Us section.
  3. California consumers have the right to not be discriminated against because the consumer exercised any of the consumer’s rights under The California Consumer Privacy Act of 2018 (“CCPA”). That means that On Display may not deny goods or services to the consumer, charge different rates for goods or services, or provide a different level or quality of goods or services if the consumer chooses to exercise their rights under the CCPA (unless the different rate or different level or quality is reasonably related to the value to the business of the consumer’s data).

11. Additional Policies in Compliance with the EEA Privacy Laws. In addition to the other terms described in this Policy, residents of the European Union or the European Economic Area (“EEA”) are afforded the following additional rights and protections as required by the General Data Privacy Regulation (“GDPR”). The additional rights and protections set forth in this section of this Policy apply only to residents of the European Union or the EEA.

  1. The following additional definitions apply to this Section of the Policy:
    1. “Controller” means On Display which is the organization that determines the purposes for which, and the manner in which, any Personal Information is Processed and used in its business.
    2. “Processor” means any Person Processing Personal Information.
    3. “Person” means a natural person, corporation, association, organization, partnership, or other legal entity.
    4. “Processing” is any activity that involves use of the Personal Information. It includes, without limitation, obtaining, recording or holding the Personal Information, or carrying out any operation or set of operations on the Personal Information including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring Personal Information to third parties.
  2. In order to comply with GDPR, we are required to set out the legal basis for the processing of your Personal Information. In accordance with the purposes for which we collect and use your Personal Information, as set out above, the legal basis for processing your Personal Information will typically be one of the following: our own legitimate business interests, or the legitimate business interests of our third party partners, vendors, and subcontractors, the performance of a contract that we have in place with you; your consent where appropriate; or compliance with our legal obligations, including to meet national security or law enforcement requirements.

  3. The data that we collect from you is stored on our servers or on servers provided by cloud service providers. If you are a resident of the EEA, your Personal Information may be transferred within or outside the EEA to areas where privacy laws may be less strict than in the EEA. By submitting your Personal Information, you agree to this transfer, storing, and processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

  4. In some cases, there is a legal requirement to keep Personal Information for a minimum period of time. Except in those circumstances, we do not keep your Personal Information for any longer than is necessary for the purposes for which the Personal Information was collected.

  5. Subject to certain exceptions, you have the following rights with respect to your Personal Information:
    1. To receive or access a copy of the Personal Information that we hold about you;
    2. To request that any inaccurate or incomplete Personal Information be corrected or supplemented;
    3. To have your Personal Information erased, unless we have a legitimate reason to retain the Personal Information; and
    4. To ask us not to process your Personal Information for a particular purpose, including for marketing.
  6. All of these aforementioned rights set forth in subsection (e) are subject to certain conditions and exemptions. For example, On Display will not be obligated to erase your Personal Information if we need to retain it to protect ourselves in the event of a legal claim. To exercise any of these rights, please submit a written request to us using the contact information set forth below. On Display reserves the right to charge a fee in dealing with such a request as permitted by applicable law and regulations. You may also opt out of receiving additional marketing information by using the unsubscribe feature in any marketing email we send you.

12. Conditions of Use and Changes to On Display’s Privacy Policy. If you choose to visit the Website, your visit and any dispute over privacy is subject to this Policy, including the application of the law of the State of Ohio. If you have any concern about our privacy practices, please contact us with a thorough description, and we will try to resolve it. As our business changes, our Policy and Terms of Use may also change. We may email periodic reminders of our notices and conditions, but you should check the Website frequently to see recent changes. Unless stated otherwise, our current Policy applies to all information that we have about you and your account.

13. Additional Terms for Shopify. Our Website is housed on the Shopify platform. In addition to being subject to this Policy, you will be subject to all of Shopify’s terms, including, but not limited to, Shopify’s Privacy Policy.

14. Contact Us. If you have any requests regarding your Personal Information, including, but not limited to, correcting any aspect of your Personal Information, or any questions or suggestions with respect to this Policy or our privacy practices, please email us at popcentral@ondisplay.net.

  1. 4861-0060-3696, v. 1
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