Privacy Policy

Portland Pop Train, LLC and its subsidiaries (“Portland Pop! Train,” “we,” “our,” or “us”) are committed to providing a fun, entertaining, and safe experience for our customers. This Privacy Policy (“Privacy Policy”) describes how we collect, use, disclose and otherwise process personal information in connection with the PortlandPopTrain.com website. This Privacy Policy applies whether you access the site through a personal computer, mobile device, or any other means. This Privacy Policy is not, however, a contract and does not create any legal rights or obligations.

This Privacy Policy does not apply to these separately operated websites and stores, and Portland Pop! Train is not responsible for the privacy practices of these third parties.

Please read this Privacy Policy and our Terms & Conditions (“Terms”) carefully. We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will take appropriate measures to notify you of these changes, such as by prominent posting to our Sites.

REGION-SPECIFIC DISCLOSURES

· California: If you are a California resident, please refer to the Privacy Disclosures for California Residents section of this Privacy Policy for additional California-specific privacy disclosures.
· Nevada: Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at info@portlandpoptrain.com.
· European Economic Area, United Kingdom or Switzerland: If you are located in the European Economic Area (“EEA”), United Kingdom or Switzerland, or otherwise engage with Portland Pop! Train’s European operations, please see the Privacy Disclosures for the European Economic Area, United Kingdom and Switzerland section of this Privacy Policy for additional European-specific privacy disclosures, including what constitutes your personal information, the lawful bases we rely on to process your personal information, how we use cookies when you access our Sites from the EEA, UK or Switzerland and your rights in respect of your personal information.

WHAT IS PERSONAL INFORMATION?

Other than as set out in the Region Specific Disclosures, for the purposes of this Privacy Policy, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. It does not include information that is de-identified or aggregated such that it is not reasonably capable of being associated with you. This Privacy Policy does not restrict or limit our collection and use of aggregated or de-identified information, and we reserve the right to share such information with potential partners or other third parties without restriction.

PERSONAL INFORMATION WE COLLECT

• Personal Information You Give Us: We collect personal information that you provide to us on our Sites, such as when you:
• provide your email address to sign up for one of our newsletters (“Newsletters”) or promotional offerings,
• provide your phone number to sign up for text message communications and promotional offers,
• provide your contact information and submission in a survey, sweepstakes, contest, or other promotion,
• add our products to your online collection or wishlist,
• provide us information about your interests, how to contact you and your feedback
• provide your email address, company, shipping address, billing address, phone number and payment information to purchase a product(s)
• provide us your name, email address, image and custom message in connection with a request, inquiry or comment.

You can choose not to provide us personal information, but you may not be able to access or use portions of the Sites or some of their features as a result.
Purchase and Payment Information: If you purchase any of our products, content or services via the site, we may ask you to provide your cardholder name, billing address, credit card number, expiration date, authentication code, check routing number, account number or related information to complete the purchase. Products may be purchased only by persons over the age of 18. The areas of the site where you can make purchases are run by our third-party payment processors that accept credit cards and electronic check payments for our customers’ transactions. Our primary payment processors are CyberSource and Authorize.net, payment gateways that processes personal information in accordance with the Payment Card Industry Data Security Standards (“PCI DSS”), which is the bankcard industry’s most stringent security standard. Any information you provide on or through the purchase areas of our site are subject to CyberSource’s and Authorize.net’s privacy policy, unless you choose to utilize one of our other identified third-party payment processors (such as PayPal or Amazon Pay).
Personal Information We Collect Automatically: We and our third-party providers automatically collect certain types of personal information when you visit the site, including the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the site; the Internet address of the website from which you linked to the site; any search terms you used to find the site; your device identifiers and mobile and network information; your general geographic location based on your IP address or more precise location when accessing our site through a mobile device; and your actions on the site. For more information about these practices, and any choices you may have in relation to its collection, please refer to the Cookies section of this Privacy Policy.
From Third Parties: We may also collect personal information from third parties in order to enhance your experience on our site, operate our business, and provide our products and services to you. For example, we may collect personal information from our service providers, such as payment processors, point-of-sale providers, and e-commerce platforms, in order to fulfill your purchases with us. If you choose to interact with us on social media, we may collect personal information about you from your social media account that you make public or share with us, in order to communicate with you and better understand your interests and our services. We may also collect personal information from publicly available sources to supplement the personal information we maintain in our systems.

OUR USE OF PERSONAL INFORMATION

• We use personal information we collect to:
• Process, fulfill, and ship any Subscription(s), or other products, content or services you purchase or request;
• Perform research and analysis about your use of, or interest in, our products, services, site or other content;
• Communicate with you by email, regular mail, telephone, text message or mobile device about products or services that may be of interest to you either from us or from other third parties;
• Develop and deliver our Newsletter to you;
• Tailor your user experience;
• Develop and display third-party content and advertising tailored to your interests on the site;
• Develop new and improve existing site, products, content and services;
• Conduct surveys, sweepstakes, contests and other promotions;
• Manage our business;
• Develop new products, content and services
• Perform functions as otherwise described to you at the time of collection;
• Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
• Enforce and carry out our Terms and other agreements; and Comply with legal obligations.
  

OUR DISCLOSURE OF PERSONAL INFORMATION
We disclose personal information in the following ways:
Within Portland Pop Train, LLC and its subsidiaries for purposes consistent with this Privacy Policy;
With the third party or third parties that perform(s) maintenance and operation of the site on our behalf;
With other third parties that perform services or functions on our behalf. For example, we may share personal information with payment processors and shipping providers in order to fulfill your purchases and orders with us. We may also share personal information with third parties who help us to communicate with you about our products and services, including to deliver advertisements and other marketing communications;
In order to comply with laws, statutes or regulations, and to enforce this Privacy Policy, our Terms or other agreements, and to protect our rights and the rights of others;
As required by a court or government agency or to respond to a claim by you or a third party;
As part of or in connection with an actual or potential corporate business transaction, such as a merger, acquisition, joint venture, financing, sale, corporate change or insolvency, bankruptcy or receivership; and
As you may otherwise request or agree.

COOKIES
We and our third-party providers may use (i) cookies or small data files that are stored on your computer and (ii) other, similar technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect personal information. For example, our site use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our online services. You can obtain more information on the use of Google Analytics by visiting Google’s privacy policy here and you can view Google’s currently available opt-out options here.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our website, as some features and offerings may not work properly or at all. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
Please note certain of our third-party providers may directly collect personal information about your online activities over time and across different websites when you use our website for purposes of providing online behavioral or interest-based advertising services to third parties. We support the self-regulatory principles for online behavioral advertising (“Principles”) published by the Digital Advertising Alliance (“DAA”). These Principles allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our advertising partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.
If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.
Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us on our website or third-party websites. It means that the online ads that you do see from DAA program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

CHILDREN’S PERSONAL INFORMATION
We do not knowingly collect or solicit any personal information from anyone under the age of 13 on or through the Services. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us by using the contact details set out at the end of this this privacy notice.

PERSONAL INFORMATION CORRECTIONS AND UPDATES
You may request to view your personal information, or delete or modify incorrect parts thereof by emailing us at info@portlandpoptrain.com. Please note that we may be required to decline your deletion request, or only honor your deletion request after a certain period of time, for business or legal reasons. In response to a deletion request, we may delete the personal information or deidentify/aggregate the personal information so that it can no longer be reasonably connected to you. When we delete any information, it will be deleted from the active database, but may remain in our archives. We reserve the right and may be required by law to verify the identity of any person making a request to access, modify or delete personal information; provided, however, that we will have no liability of any kind resulting from false or erroneous requests by you or any change or deletion made in accordance with your request.

THIRD PARTY WEBSITES AND STORES
Some websites may use our name in connection with their services. In addition, the site may contain links to other websites.
We do not control, are not responsible for, and make no representations whatsoever regarding such other websites or stores, or the products and services offered by or through such third-party websites or stores, even those with which Portland Pop! Train may have an affiliation. If you decide to access such third-party websites or stores, you do so at your own risk. You should carefully review the privacy policy and terms of any such website or store.
The site may also include YouTube videos, social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on the Sites. Your interactions with these features are also governed by the privacy policy of the company providing it.

COMMUNICATIONS PREFERENCES

EMAIL: Where you provide your email address to Portland Pop! Train through the site, we may send you commercial emails in order to deliver the Newsletter, to provide you with more information about available products you have purchased, and to provide you with updates, special offers, and other information, including but not limited to Site updates. You may unsubscribe from these commercial emails or from receiving our Newsletter at any time by clicking on the “unsubscribe” link included in any email or by contacting Portland Pop! Train via email at info@portlandpoptrain.com or at the mailing address provided below. If you request to opt out of commercial emails, please note that we may continue to send you non-promotional communications via email, such as communications related to any business we may have with you or other transactional emails.
TEXT: Where you provide your phone number to Portland Pop! Train through the site and sign up to receive promotional text messages from us, we will send you information via text message about promotional offers, product updates and other topics we believe may be of interest to you, including messages about products you have recently looked at or left in your cart. We may use automatically and manually collected information about your actions on our site, your interactions with prior marketing communications and your interest in our products (such as which products you viewed, interacted with or left in your cart) to determine when to send a text message and what content to include in the message. You may opt out of receiving text messages from Portland Pop! Train at any time by texting “STOP” in response to our text messages or by contacting Portland Pop! Train via email at info@portlandpoptrain.com. For more information about our text message program, see our Terms and Conditions.

CONTACT US
We take your privacy seriously, and invite you to contact us at the address below with any questions or concerns you may have regarding this Privacy Policy or our collection, storage, and use of your personal information:

Portland Pop Train, LLC

Attention: Legal Department

PO Box 14271 

Portland, OR 97293

info@portlandpoptrain.com

PRIVACY DISCLOSURES FOR CALIFORNIA RESIDENTS
This section applies to you if you are a resident of the state of California and provides additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the state of California within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). In addition to our personal information processing activities relating to our Sites, this section also addresses our personal information processing activities offline, such as in connection with our California-based retail store.
For purposes of this section, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include information that is made publicly available from government records, that is de-identified or aggregated such that it is not capable of being associated with you, or that is otherwise excluded from the CCPA’s scope. This section also does not apply to information relating to our employees, contractors, applicants and other personnel.

COLLECTION OF PERSONAL INFORMATION
Commercial Information, such as products, content, subscriptions or services purchased, added to your cart or of interest to you, as well as products added to your online collection or wishlist;
Internet/Network Information, such as log data (including IP address, date and time of access, device information) and clickstream data (such as your actions on the site);
Geolocation Data, such as your general geographic location based on your IP address or more precise location when accessing our site through a mobile device;
Sensory Information, such as audio recordings, photographs and video footage you choose to provide, or we otherwise record as permitted by law;
Professional/Employment Information, such as your company name;
Other Personal Information, such as your entries in surveys, sweepstakes, contests or other promotions, and the feedback or custom message you provide in connection with a request, inquiry or comment directly to us or through a third-party platform (such as social media);
Inferences, such as deriving products of interest from other personal information we have collected about you.
We collect this information directly from you, from your browser or device when you interact with our site, from third-party service providers, such as payment processors, point-of-sale vendors, and e-commerce platforms, from third-party platforms such as social media websites and from other publicly available sources. For more information about the personal information we collect and how we collect it, please refer to the Personal Information We Collect section of this Privacy Policy.
We collect personal information from and about you for a variety of purposes. For example, we use personal information to create and maintain your Accounts and Subscriptions with us; to communicate with you; to facilitate, process and fulfill orders you place with us or the services you request; to conduct surveys, sweepstakes, contests and other promotions; to provide in-store features, such as our photo booths; to analyze and improve the use of our Sites; to deliver marketing communications and personalized and non-personalized advertising, and to improve our products and services. For more information about our use of personal information, please refer to the Our Use of Personal Information section of this Privacy Policy.

DISCLOSURE AND “SALE” OF PERSONAL INFORMATION
We share personal information with third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt-out of those sales (please refer to the Your California Privacy Rights section below). The categories of third parties to whom we disclose your personal information may include our subsidiaries, our service providers that perform services or functions on our behalf, marketing providers, and certain third parties where you have provided consent or where we are required by law.
As is common practice among companies that operate online, we also allow certain third-party providers to collect information about consumers directly through our websites and other online services for purposes of analyzing and optimizing our services, delivering ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please refer to the Submitting Requests section below regarding your right to opt-out.
For more information about how we share personal information, please refer to the Our Disclosure of Personal Information section of our Privacy Policy.

YOUR CALIFORNIA PRIVACY RIGHTS
As a California resident, you may be able to request to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):
Right to Know: You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
The specific pieces of personal information we have collected about you;
The categories of personal information we have collected about you;
The categories of sources of the personal information;
The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
The categories of personal information we have sold about you (if any) and the categories of third parties to whom the information was sold; and
The business or commercial purposes for collecting or, if applicable, selling personal information about you.
The Right to Opt-Out of Personal Information Sales: You have the right to direct us not to sell personal information we have collected about you to third parties. If you are under the age of 16, you have the right not to have your information sold, unless you, or your parent or guardian, affirmatively authorize such sales (the “Right to Opt-In”).
You also have the right to be free from discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
In addition, if you have an established customer relationship with us for personal, family or household purposes, you may also have the right under California’s “Shine the Light” law to request:
A list of the categories of certain personal information that we have disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes; and
The names and addresses of all such third parties.

SUBMITTING REQUESTS
To Exercise Your Right to Know, Right to Deletion or “Shine the Light” Right. To exercise your right to know, right to deletion or “Shine the Light” right, please submit a request specifying the right you wish to exercise by:
Emailing info@portlandpoptrain.com with the subject line “California Rights Request”
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally require you to (1) log into your account if you have one, or (2) the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to [your email, address, and/or date of last interaction with customer service]. We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your personal information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
To Exercise Your Right to Opt-Out of Personal Information Sales. To initiate your request to opt out of personal information sales, please click the link below to email us at info@portlandpoptrain.com
with the subject line “California Sale Opt-Out.”

Do Not Sell My Personal Information

To the extent our third-party advertising and analytics providers’ collection of information from users of our web sites and other online services constitutes a “sale” under the CCPA, please refer to the Cookies section of this Privacy Policy for more information about the choices and opt-out options you have in relation to those practices. By visiting www.privacyrights.info or www.optout.privacyrights.info, you can also opt out from “sales” of this type of personal information by businesses that participate in the DAA’s CCPA Opt-Out Tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices.

AUTHORZIED AGENTS
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in these California Disclosures where we can verify the authorized agent’s authority to act on your behalf by:
For requests to know or delete personal information: receiving a power of attorney valid under the laws of California from you or your authorized agent; or receiving sufficient evidence to show that you have: provided the authorized agent signed permission to act on your behalf; verified your own identity directly with us pursuant to the instructions set forth in these Disclosures; and directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
For requests to opt-out of personal information “sales”: receiving a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.

MINORS UNDER THE AGE OF 16
We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "Right to Opt In") from either the minor who is between 13 and 16 years of age or the parent or guardian of a minor less than 13 years of age. Please contact us at info@portlandpoptrain.com to inform us if you or your minor child are under the age of 16.
This document was last updated December 1, 2021

RECIPIENTS OF PERSONAL INFORMATION
In addition to the recipients listed in the Annex (See page 1 and 2), we may also share your personal information with the following (as required in accordance with the uses set out in the Annex (See page 1 and 2):
Service providers and advisors: we may share your personal information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing professional services, such as legal and accounting services, mailing, email or chat services, fraud prevention, web hosting, or providing analytic services.
Affiliates. Other companies owned by or under common ownership as Portland Pop! Train, including our subsidiaries (i.e., any organisation we own or control) and our ultimate holding company (i.e., any organisation that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under these Privacy Disclosures.
Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business.
Law enforcement, regulators and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms; and/or (iii) exercise or protect the rights, property, or personal safety of Portland Pop! Train, its users or others.
From time to time we may contact you with information about our services, including sending you marketing messages and asking for your feedback on our services.
Most marketing messages we send will be by email. For some marketing messages, we may use personal information we collect about you to help us determine the most relevant marketing information to share with you.
We will only send you marketing messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the unsubscribe link at the bottom of our marketing emails or by updating your preferences via your account on the Website.
storing and transferring your personal information

Security. We implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting credit or debit card information or national identification numbers.
International Transfers of your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third party service providers have operations. If you are located in the EEA, United Kingdom or Switzerland, your personal information may be processed outside of those regions, including in the United States.
In the event of such a transfer, we ensure that: (i) the personal information is transferred to countries recognized as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission.
If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of these Privacy Disclosures.