Privacy Policy

Introduction.

The operator of this website, Supplying Demand Inc (Company,” “we,” “us” or “our), has created this Privacy Policy to explain what information we collect from individuals who access the websites we own and control, such as, but not limited to, liquiddeath.com (collectively, the “Site”), and how we use that information. If you have any questions about our Privacy Policy, please contact us using the information provided at the bottom of this Privacy Policy.

For the purpose of the Data Protection Act 1998, the data controller is Supplying Demand Inc. whose registered office is at Supplying Demand Inc, 1447 2nd St, Suite 200, Santa Monica, CA 90401

This Privacy Policy is incorporated into our Terms and Conditions. We reserve the right to change this Privacy Policy from time to time consistent with applicable law. Where appropriate, you will be notified of changes via email. Changes to our Privacy Policy shall become effective as of the date specified in the relevant notification to you or, in the absence of notification, the date they are posted to this Site. Therefore, we encourage you to visit this section of our Site regularly in order to remain informed of any changes.

To the extent there is a conflict between this Privacy Policy and our Terms and Conditions, the provisions of the Terms and Conditions supersede and control.

You are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy when you submit your personally identifiable information through the Site or to us via email or any other means.  If you do not agree to the terms of this Privacy Policy, please exit the Site and do not provide personal information to us through the Site.

To provide you with the products and services that Company has to offer, we request specific personal information (personal data) as detailed below. We value and respect your privacy.

 

Age Requirements for General Use of Site.

Participation and registration on the Site is restricted to those individuals at least 13 years of age. By registering or participating in services or functions on the Site, you hereby represent that you are at least 13 years of age.

We understand and are committed to respecting the sensitive nature of children’s privacy online.  If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.  If you are under 13 years of age, do not use the Site.

 

What Information We Collect.

Personal Information: We collect personally identifiable information as a condition of registration at the Site, purchasing our products (“Products”), or subscribing to our mailing list. If you engage in any of these activities on the Site, you may be asked to provide information such as your full name, company name, email address, mailing address, and telephone number.  If you decide to place an order, we will also need to know your shipping and billing address, credit card number, security code, and expiration date. To protect your personal information, customers of Products on the Site must also register with a user name/email address and password. We do not store credit card details nor do we share financial details with any 3rd parties.

Aggregate Demographic Information: Company gathers aggregated demographic information through its tracking of IP addresses and other types of traffic data.  This information is not linked to any personal information that can identify any individual person. Aggregated demographic information may be used by us and shared with third parties in order to provide tailored advertisements on the Site about goods and services that may be of interest to you.

 

How We Use Your Personal Information.

We will process and use personally identifiable information about you for the following reasons or in the following ways:

  • For our market research purposes.
  • To register you as a user or customer on the Site, and manage and maintain
    your account.
  • Provide Products and services that you request.
  • Process, validate, confirm, verify, deliver and track your purchases (including but not limited to processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone).
  • Maintain a record of the purchases you make.
  • Respond to your questions and comments and provide customer support.
  • Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you.
  • Tailor our Products and services to suit your personal interests and manner in which you use the Site.
  • Analyze and enhance our marketing communications and strategies.
  • Analyze trends and statistics regarding the user experience when visiting the Site, mobile applications or social media assets, and the purchases you make.
  • We need to send the information to third party partners, vendors, agents, or service providers who work on behalf of Company to provide a Product or service for you on our behalf and to provide other related services, including, but not limited to, payment processing, shipping, order tracking, promotional fulfilment, and customer service.
  • We need to respond to valid legal process. This includes a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law.
  • We deem it necessary to disclose personally identifiable information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect Company’s rights or interests.
  • We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
  • For any other purpose or use, provided we have your consent.  

If you do not want us to use your personal information for our marketing purposes, send us an email at info@drinkliquiddeath.com stating that you withdraw your consent to such use.

 

Sale or Acquisition of Assets.

If Company sells its subsidiaries or business units, customer information generally is one of the transferred business assets.  Also, in the event that Company or substantially all of its assets are acquired, your customer information will be one of the transferred assets.  If we purchase a business, the personally identifiable information received with that business would be treated in accordance with our Privacy Policy in effect at that time, so long as it is practicable and permissible to do so. If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by our Privacy Policy in effect at that time. The provisions of this paragraph will apply also if we are sold as a part of bankruptcy proceedings.

 

Traffic Data.

We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) types of operating systems used to access the Site; and (3) types of web browsers used to access the Site (collectively “Traffic Data”).  Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site.  We also use Google Analytics to track Site traffic (page hits) and view aggregate or anonymous user data.

 

Third Party Site Cookies: Some of our partners, vendors, agents, and service providers may use cookies on their respective websites to which you may be routed from the Site.  However, we have no access to, or control over, these cookies and do not accept any responsibility for such use. 

IP Addresses: We use IP addresses to analyze trends, administer the Site, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your personally identifiable information for credit fraud protection and risk reduction.

Company may also keep track of Internet Protocol (IP) addresses to troubleshoot technical concerns and to maintain website safety and security. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

 Location.

The personal information that we collect from you will be transferred to, and stored in, secured databases. By submitting your personal information to us, you agree to this transfer and storing.

CCPA Privacy Information

This section applies only to Liquid Death customers who are California residents and supplements the details provided in our Privacy Policy and contains the information that the Californian Consumer Privacy Act (“CCPA”) requires us to make available to customers. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We generally collect the following categories of personal information about your when you use our services: 
 identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices; 
 protected classifications, such as gender; 
 commercial information such as records of products or services purchased, obtained, or considered by you; 
 Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
 your geolocation, to the extent you have configured your device to permit us to collect such information;
 audio recordings of your voice to the extent you call us, as permitted under applicable law; 
 professional or employment-related information; and 
 inferences about your preferences, characteristics, behavior and attitudes.

You can find more information about the personal information we collect and how we collect it in the section above titled “How we use your information”.

Use of Personal Information

We collect your personal information for the business purposes described  above in the section titled “How we use your information”. The CCPA defines a “business purpose” as the use of personal information for the business’s operational purposes, or other notified purposes, provided the use of personal information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or another operational purpose that is compatible with the context in which the personal information was collected. 

Sharing Personal Information

We may disclose your personal information to an organization for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient organization to keep that personal information confidential and not use it for any purpose except performing the contract with us.

We disclose your personal information for a business purpose to the categories of third parties listed above in the section titled “Sharing your information”.

Your Rights and Choices 


If you are a California resident, you have rights in relation to your personal information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us or the security of our network systems. 

Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales. 
Right to Know - You have the right to request in writing:  
a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and;  

(i) the names and addresses of all such third parties.  

(ii) In addition, you have the right to request:  

(i) the categories of personal information we have collected about you,  

(ii) the categories of sources from which personal information is collected,  

(iii) the business or commercial purpose for the information collection,  

(iv) the categories of third parties with whom we have shared personal information, and  

(v) the specific pieces of personal information we hold about an individual.  

You have the right to request a copy of the specific personal information we collected about you during the twelve (12) months before your request. 

Right to Delete - You have the right to request us delete any personal information we have collected from you or maintain about you, subject to certain exceptions. 

To assert your right to know or your right to delete your personal information, please contact us at info@liquiddeath.com. To confirm your identity, we may ask you to verify personal information we already have on file for you. If we cannot confirm your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. 

Right to Opt-Out of Selling. You have the right to opt-out of having your personal information sold. We do not sell your personal information.  
In addition, California Civil Code Section 1798.83 permits customers of Liquid Death who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. Please allow 30 days for a response. To make such a request, contact us at info@liquiddeath.com

 

Security.

Various security measures, such as encryption and passwords, are implemented by us in accordance with industry standards to protect the security of your personal information as well as sensitive information (such as credit card number) both online and offline.

Company stores personally identifiable information in secured databases owned and maintained by Company, but Company’s partners, vendors, agents, or service providers may have access to your personal information. Unless otherwise stated in this Privacy Policy, Company will not lease, sell, share, or otherwise provide your personally identifiable information to other third parties. Personal information is retained for a period of six (6) years from the date of collection.

Unfortunately, despite our security efforts, there is always a risk that third parties may unlawfully intercept transmissions. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.

 

Links.

We may provide links to other websites solely for the convenience and information of our visitors. These websites are not under our control and have their own policies regarding privacy that you may wish to review. Please be aware that we have no responsibility for the privacy practices of such other websites. This Privacy Policy applies solely to information collected by this Site. Company makes no guarantees about the accuracy, currency, content or quality of the information provided by such third-party websites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Please review the privacy policy of the other website before using such website.

For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. Company does not control the user-posted content on its social media homepages and is not responsible for any third party use of your personal information that you have posted, transmitted or otherwise made available there.

SMS.

Liquid Death (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@liquiddeath.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Santa Monica, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Liquid Death’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Updating Personal Information; Termination of Account.

If a registered account holder’s information changes or a registered account holder wishes to terminate his or her account, Company will correct, update, or remove that user’s personal information from its database, upon receipt of notification from the registered account holder. Account holders may update information or terminate their account under their account settings or by emailing us at info@drinkliquiddeath.com

A user who has submitted his or her information in order to join our mailing list may choose to unsubscribe from any future communications by clicking on the “unsubscribe” feature within the email communication.

 

Account Cancellation.  

Company reserves the right to cancel a customer or user’s account at any time, in its sole discretion.

 

Contact Us.

For any reason and at any time, you may contact us at the following address: info@drinkliquiddeath.com

Or : Supplying Demand Inc, 1447 2nd St, Suite 200, Santa Monica, CA 90401