ObsidianIndicators.com Privacy Policy
Type of website: E-commerce
Effective date: 10th day of February, 2023
ObsidianIndicators.com (the “Site”) is owned and operated by
Obsidian Indicators LLC. Kyle Mcfarland is the data
controller and can be contacted at:
[email protected]
(570) 733-4208
Obsidian Indicators 99 Wall Street Suite #2655 New York, NY 10005
Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:
- The personal data we will collect;
- Use of collected data;
- Who has access to the data collected;
- The rights of Site users; and
- The Site’s cookie policy.
bout this cookie policy
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use
i.e, the information we collect using cookies and how that information is used, and how to
control the cookie preferences. For further information on how we use, store, and keep your
personal data secure, see our Privacy Policy.
You can at any time change or withdraw your consent from the Cookie Declaration on our
website
Learn more about who we are, how you can contact us, and how we process personal data in our
Privacy Policy.
Website Privacy Policy Page 2 of 16
Your consent applies to the following domains: https://obsidianindicators.com/
[user_consent_state]
What are cookies ?
Cookies are small text files that are used to store small pieces of information. They are stored on
your device when the website is loaded on your browser. These cookies help us make the website
function properly, make it more secure, provide better user experience, and understand how the
website performs and to analyze what works and where it needs improvement.
How do we use cookies ?
As most of the online services, our website uses first-party and third-party cookies for several
purposes. First-party cookies are mostly necessary for the website to function the right way, and
they do not collect any of your personally identifiable data.
The third-party cookies used on our website are mainly for understanding how the website
performs, how you interact with our website, keeping our services secure, providing
advertisements that are relevant to you, and all in all providing you with a better and improved
user experience and help speed up your future interactions with our website.
What types of cookies do we use ?
Essential: Some cookies are essential for you to be able to experience the full functionality of our
site. They allow us to maintain user sessions and prevent any security threats. They do not collect
or store any personal information. For example, these cookies allow you to log-in to your account
and add products to your basket, and checkout securely.
Statistics: These cookies store information like the number of visitors to the website, the number
of unique visitors, which pages of the website have been visited, the source of the visit, etc.
These data help us understand and analyze how well the website performs and where it needs
improvement.
Marketing: Our website displays advertisements. These cookies are used to personalize the
advertisements that we show to you so that they are meaningful to you. These cookies also help
us keep track of the efficiency of these ad campaigns.
Website Privacy Policy Page 3 of 16
The information stored in these cookies may also be used by the third-party ad providers to show
you ads on other websites on the browser as well.
Functional: These are the cookies that help certain non-essential functionalities on our website.
These functionalities include embedding content like videos or sharing content of the website on
social media platforms.
Preferences: These cookies help us store your settings and browsing preferences like language
preferences so that you have a better and efficient experience on future visits to the website.
[cookie_audit columns=”cookie,description” heading=”The below list details the cookies used in
our website.”]
How can I control the cookie preferences ?
Should you decide to change your preferences later through your browsing session, you can click
on the “Privacy & Cookie Policy” tab on your screen. This will display the consent notice again
enabling you to change your preferences or withdraw your consent entirely.
In addition to this, different browsers provide different methods to block and delete cookies used
by websites. You can change the settings of your browser to block/delete the cookies. To find out
more about how to manage and delete cookies, visit wikipedia.org, www.allaboutcookies.org.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016, known as the General Data Protection
Regulation (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as
enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of
controllers and processors required to appoint a Data Protection Officer under Article 37 of the
GDPR.
Consent
By using our Site users agree that they consent to:
a. The conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent
to that processing, you may withdraw your consent at any time. If you withdraw your consent, it
will not make processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent by: Email.
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for
doing so under Article 6 of the GDPR.
We rely on the following legal bases to collect and process the personal data of users in the EU:
a. Users have provided their consent to the processing of their data for one or more specific
purposes; and
Website Privacy Policy Page 5 of 16
b. Processing of user personal data is necessary for us or a third pary to pursue a legitimate
interest. Our legitimate interest is not overridden by the interests or fundamental rights and
freedoms of users. Our legitimate interest(s) are: Ad targeting.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not
collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following
information:
a. IP address;
b. Location;
c. Hardware and software details;
d. Clicked links; and
e. Content viewed.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
a. First and last name;
b. Age;
c. Date of birth;
d. Sex;
e. Email address;
f. Phone number;
g. Address;
h. Payment information; and
i. Auto fill data.
This data may be collected using the following methods:
Website Privacy Policy Page 6 of 16
a. Account creation.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or
indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in
this Privacy Policy.
The data we collect automatically is used for the following purposes:
a. Statistics and affiliate tracking.
The data we collect when the user performs certain functions may be used for the following
purposes:
a. Communication;
b. Payment processing;
c. Affiliate tracking; and
d. Ad targeting.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to
user data to achieve the purposes set out in this Privacy Policy.
Third Parties
We may share user data with the following third parties:
a. Google;
b. Gumroad; and
c. Reddit ads.
We may share the following user data with third parties:
a. Links clicked.
We may share user data with third parties for the following purposes:
a. Targeted advertising; and
Website Privacy Policy Page 7 of 16
b. Affiliate tracking.
Third parties will not be able to access user data beyond what is reasonably necessary to achieve
the given purpose.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
a. If the law requires it;
b. If it is required for any legal proceeding;
c. To prove or protect our legal rights; and
d. To buyers or potential buyers of this company in the event that we seek to sell the
company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for
and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
ssl
While we take all reasonable precautions to ensure that user data is secure and that users are
protected, there always remains the risk of harm. The Internet as a whole can be insecure at times
and therefore we are unable to guarantee the security of user data beyond what is reasonably
practical.
International Data Transfers
We transfer user personal data to the following countries:
a. United States.
When we transfer user personal data we will protect that data as described in this Privacy Policy
and comply with applicable legal requirements for transferring personal data internationally.
If you are located in the United Kingdom or the European Union, we will only transfer your
personal data if:
Website Privacy Policy Page 8 of 16
a. The country your personal data is being transferred to has been deemed to have adequate
data protection by the European Commission or, if you are in the United Kingdom, by the
United Kingdom adequacy regulations; or
b. We have implemented appropriate safeguards in respect of the transfer. For example, the
recipient is a party to binding corporate rules, or we have entered into standard EU or
United Kingdom data protection contractual clauses with the recipient..
Your Rights as a User
Under the GDPR, you have the following rights:
a. Right to be informed;
b. Right of access;
c. Right to rectification;
d. Right to erasure;
e. Right to restrict processing;
f. Right to data portability; and
g. Right to object.
Children
We do not knowingly collect or use personal data from children under 16 years of age. If we
learn that we have collected personal data from a child under 16 years of age, the personal data
will be deleted as soon as possible. If a child under 16 years of age has provided us with personal
data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your
personal data, if we have disclosed your personal data and to who we disclosed your personal
data, if you would like your data to be deleted or modified in any way, or if you would like to
exercise any of your other rights under the GDPR, please contact our privacy officer here:
[email protected]
Website Privacy Policy Page 9 of 16
Do Not Track Notice
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We
respond to browser-initiated DNT signals. If we receive a DNT signal that indicates a user does
not wish to be tracked, we will not track that user. We are not responsible for and cannot
guarantee how any third parties who interact with our Site and your data will respond to DNT
signals.
How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the
Data Collected section, we provide the following specific opt-out methods for the forms of
collection, use, or disclosure of your personal data specified below:
a. email. You can opt-out by email.
Cookie Policy
A cookie is a small file, stored on a user’s hard drive by a website. Its purpose is to collect data
relating to the user’s browsing habits. You can choose to be notified each time a cookie is
transmitted. You can also choose to disable cookies entirely in your internet browser, but this
may decrease the quality of your user experience.
We use the following types of cookies on our Site:
a. Functional cookies
Functional cookies are used to remember the selections you make on our Site so that your
selections are saved for your next visits;
b. Analytical cookies
Analytical cookies allow us to improve the design and functionality of our Site by
collecting data on how you access our Site, for example data on the content you access,
how long you stay on our Site, etc;
c. Targeting cookies
Targeting cookies collect data on how you use the Site and your preferences. This allows
us to personalize the information you see on our Site for you; and
d. Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party
cookies to achieve the following purposes:
Website Privacy Policy Page 10 of 16
i. Affiliate tracking; and
ii. targeted advertising.
This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016, known as the General Data Protection
Regulation (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as
enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of
controllers and processors required to appoint a Data Protection Officer under Article 37 of the
GDPR.
Consent
By using our Site users agree that they consent to:
- The conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent
to that processing, you may withdraw your consent at any time. If you withdraw your consent, it
will not make processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent by: Contacting the Data Protection Officer.
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for
doing so under Article 6 of the GDPR.
We rely on the following legal bases to collect and process the personal data of users in the EU: - Users have provided their consent to the processing of their data for one or more specific
purposes; and - Processing of user personal data is necessary for us to comply with a legal obligation. If a
user does not provide the the personal data necessary for us to perform a legal obligation
the consequences are as follows: Payment processing can not be fulfilled.
Website Privacy Policy Page 11 of 16
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not
collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following
information: - IP address;
- Location;
- Hardware and software details;
- Clicked links; and
- Content viewed.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site: - First and last name;
- Age;
- Date of birth;
- Email address;
- Phone number;
- Address;
- Payment information; and
- Auto fill data.
This data may be collected using the following methods: - Creating an account and purchase forms.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or
indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in
Website Privacy Policy Page 12 of 16
this Privacy Policy.
The data we collect automatically is used for the following purposes: - Statistics.
The data we collect when the user performs certain functions may be used for the following
purposes: - Communication and payment processing.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to
user data to achieve the purposes set out in this Privacy Policy.
Third Parties
We may share user data with the following third parties: - Google;
- Gumroad; and
- Woo commerce.
We may share the following user data with third parties: - Links clicked.
We may share user data with third parties for the following purposes: - Targeted advertising and affiliate tracking.
Third parties will not be able to access user data beyond what is reasonably necessary to achieve
the given purpose.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases: - If the law requires it;
- If it is required for any legal proceeding;
Website Privacy Policy Page 13 of 16 - To prove or protect our legal rights; and
- To buyers or potential buyers of this company in the event that we seek to sell the
company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for
and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all
of our data on servers in secure facilities. All data is only accessible to our employees. Our
employees are bound by strict confidentiality agreements and a breach of this agreement would
result in the employee’s termination.
While we take all reasonable precautions to ensure that user data is secure and that users are
protected, there always remains the risk of harm. The Internet as a whole can be insecure at times
and therefore we are unable to guarantee the security of user data beyond what is reasonably
practical.
International Data Transfers
We transfer user personal data to the following countries: - United States.
When we transfer user personal data we will protect that data as described in this Privacy Policy
and comply with applicable legal requirements for transferring personal data internationally.
If you are located in the United Kingdom or the European Union, we will only transfer your
personal data if: - The country your personal data is being transferred to has been deemed to have adequate
data protection by the European Commission or, if you are in the United Kingdom, by the
United Kingdom adequacy regulations; or
Website Privacy Policy Page 14 of 16 - We have implemented appropriate safeguards in respect of the transfer. For example, the
recipient is a party to binding corporate rules, or we have entered into standard EU or
United Kingdom data protection contractual clauses with the recipient..
Your Rights as a User
Under the GDPR, you have the following rights: - Right to be informed;
- Right of access;
- Right to rectification;
- Right to erasure;
- Right to restrict processing;
- Right to data portability; and
- Right to object.
Children
We do not knowingly collect or use personal data from children under 16 years of age. If we
learn that we have collected personal data from a child under 16 years of age, the personal data
will be deleted as soon as possible. If a child under 16 years of age has provided us with personal
data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your
personal data, if we have disclosed your personal data and to who we disclosed your personal
data, if you would like your data to be deleted or modified in any way, or if you would like to
exercise any of your other rights under the GDPR, please contact our privacy officer here:
Do Not Track Notice
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We
respond to browser-initiated DNT signals. If we receive a DNT signal that indicates a user does
Website Privacy Policy Page 15 of 16
not wish to be tracked, we will not track that user. We are not responsible for and cannot
guarantee how any third parties who interact with our Site and your data will respond to DNT
signals.
How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the
Data Collected section, we provide the following specific opt-out methods for the forms of
collection, use, or disclosure of your personal data specified below:
- You can opt-out of the use of your personal data for marketing emails. You can opt-out by
clicking “unsubscribe” on the bottom of any marketing email or updating your email
preferences under “Your Account”
Cookie Policy
A cookie is a small file, stored on a user’s hard drive by a website. Its purpose is to collect data
relating to the user’s browsing habits. You can choose to be notified each time a cookie is
transmitted. You can also choose to disable cookies entirely in your internet browser, but this
may decrease the quality of your user experience.
We use the following types of cookies on our Site: - Functional cookies
Functional cookies are used to remember the selections you make on our Site so that your
selections are saved for your next visits; - Analytical cookies
Analytical cookies allow us to improve the design and functionality of our Site by
collecting data on how you access our Site, for example data on the content you access,
how long you stay on our Site, etc; - Targeting cookies
Targeting cookies collect data on how you use the Site and your preferences. This allows
us to personalize the information you see on our Site for you; - third party
affiliate tracking; and - Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party
cookies to achieve the following purposes:
Website Privacy Policy Page 16 of 16
a. affiliate tracking.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the
law and to reflect any changes to our data collection process. When we amend this Privacy
Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that
our users periodically review our Privacy Policy to ensure that they are notified of any updates. If
necessary, we may notify users by email of changes to this Privacy Policy.
Complaints
If you have any complaints about how we process your personal data, please contact us through
the contact methods listed in the Contact Information section so that we can, where possible,
resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you
may contact a supervisory authority. You also have the right to directly make a complaint to a
supervisory authority. You can lodge a complaint with a supervisory authority by contacting the
Information Commissioner’s Office in the UK, Data Protection Commission in Ireland.
Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer,
at: [email protected]