Privacy Policy

Capricho (aka Capricho LLC), (“Capricho”, “we”, “us”, “our”) recognize the importance of your personal information. This Privacy Policy sets out how Capricho uses and protects information that it collects from its customers, visitors and users (collectively, the ‘Users’) through, or in association with, its website with a homepage located at www.caprichoaspen.com (the “Site”), its products and services that may be offered from time to time via the Site, its related social media sites, mobile sites and applications or otherwise through Users’ interactions with Capricho (the Site, products, services, and social media pages, collectively, the “Services”), why it collects that information, how it uses that information, and to whom and in what capacity it shares that information. By accessing the Services, using features of the Services, and/or submitting information to Capricho, you are bound by all terms and conditions of this Privacy Policy.

Information We Collect

INFORMATION YOU PROVIDE

When you register an account or complete a transaction through the Services, we collect some “Personal Information” (that is, any information that can be directly or indirectly associated with you), such as your name, title, email address, phone number, address, billing information and other similar information. You may also provide us with certain Personal Information of other people (e.g., if you are sending a gift to someone else).

DEVICE IDENTIFIERS

When you access the Services by or through a device, we may access, collect, monitor and/or remotely store one or more “device identifiers”. Device identifiers allow us to uniquely identify your device and are used to enhance the Services (including sending updates and information from the Services). A device identifier may also be used in conjunction with other Personal Information.

ANALYTICS

When you access our Services, we may collect information (either directly or using third party services) using logging and cookies which can sometimes be correlated with Personal Information. We use this information to monitor and analyze use and interest in the Services. See the section on “Service Providers” for more detail in this respect.

LOG DATA

When you access our Services, we may collect information (either directly or using third party services) using logging and cookies which can sometimes be correlated with Personal Information. We use this information to monitor and analyze use and interest in the Services. See the section on “Service Providers” for more detail in this respect.

COOKIE INFORMATION

A cookie is a text file stored locally on a User’s device by the User’s web browser, which enables the browser to remember passwords, orders, preferences, and other information when visiting a website. We use cookies and similar technologies such as pixel tags and web beacons that help us collect certain usage data about you (such as your preferences and to process shopping cart items) (“Usage Data”), which may become Personal Information due to direct association with you. The Services may also include cookies and similar tracking technologies of third parties, which may collect information about you via the Services and across other sites and online services, including social media platforms. Our use of cookies and similar technologies such as pixel tags and web beacons are generally for operational purposes, website performance purposes, enhancing functionality of the Services and advertising. For more details about how we use these technologies, please see the section on “Service Providers” below. 

Use of Information

We generally use information that we collect for the purposes of fulfilling our contractual obligations to you, in furtherance of our legitimate interests in operating the Services and our business and/or where you have consented to such usage.

More specifically, Capricho uses Personal Information:

To provide, update, maintain and protect the Services and our business. 

This includes use of Personal Information to support delivery of the Services, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at your request. Capricho may use your email address or phone number to send you notices (including any notices required by law, in lieu of communication by postal mail). If you correspond with Capricho by email, we may retain the content of your email messages, your email address and our responses.

TO PERSONALIZE YOUR EXPERIENCE AND IMPROVE CUSTOMER SERVICE

This includes Personal Information to understand your buying/shopping preferences so that we may be able to advertise other products that you might be interested in. Your information also helps us to more effectively respond to your customer service requests and support needs.

TO SEND SPECIAL OFFERS 

We use third party services to send special offers and match browser cookies to mailing addresses. We never receive or store any of this information and our partners do not provide or sell this information to any other company. To be removed from our mailing list, you may send an email to shop@caprichoaspen.com or send a written request to 611 Twining Flats Road Aspen, CO 81611, United States. It may take a couple days to resolve.

AS REQUIRED BY APPLICABLE LAW, LEGAL PROCESS OR REGULATION

Capricho may in certain instances be compelled by law to process your Personal Information in order to comply with a binding order. We will only do so to the extent reasonably required by that order.

TO COMMUNICATE WITH YOU BY RESPONDING TO YOUR TRANSACTIONS, REQUESTS, COMMENTS AND QUESTIONS

If you contact Capricho, Capricho may use your Personal Information to respond.

TO SEND EMAILS AND OTHER COMMUNICATIONS

Capricho may send you service, technical and other administrative emails, messages and other types of communications. Capricho may also contact you to inform you about changes in our products, and important notices, such as security and fraud notices.

TO PROCESS TRANSACTIONS, INCLUDING, BILLING, ACCOUNT MANAGEMENT AND OTHER ADMINISTRATIVE MATTERS

We will use your information to process transactions. This includes processing discount codes provided by our third-party brand ambassadors. We may need to contact you for invoicing, account management and similar reasons, and we use account data to administer accounts and keep track of billing and payments.

TO INVESTIGAE AND HELP PREVENT SECURITY ISSUES AND ABUSE AND TO OTHERWISE MONITOR THE SITE FOR VIOLATIONS OF OUR POLICIES OR APPLICABLE LAWS

To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities and/or attempts to harm our users.

FOR MARKETING PURPOSES

Capricho may use the information we collect, including Personal Information, to market our products and services to new and existing customers, and to understand our audience. Capricho may also use your Personal Information to send you marketing messages and may provide such information to third parties to send you information about our products and services.

TO IMPROVE OUR SITE

We continually strive to improve our Site offerings based on the information and feedback we receive from our users and visitors.

We also use Information as otherwise described in this Privacy Policy, permitted by law, or as we may notify you.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

Information Sharing and Disclosure

Capricho may share, transfer and/or disclose your Personal Information to or with third parties in order to provide the services or products requested by you, and under the following circumstances.

  • Capricho shares certain Personal Information with its shipping company, credit card processing company, payment servicerovider(s), email service provider(s) and other third parties necessary in order to fulfill an order placed through the Services. These third parties are contractually or otherwise legally prohibited from using your Personal Information for promotional purposes or from selling your Personal Information.
  • Capricho may share Personal Information and other information we collect with our Service Providers and other third parties in connection with our marketing and business development efforts.
  • Capricho shares certain information that is traditionally not considered Personal Information (such as device, analytics, and usage data) for purposes of better understanding the usage of the Services by Users and improving on that experience.
  • Capricho reserves the right to disclose Personal Information: as permitted or required by law; when Capricho believes disclosure is necessary to protect our rights or to comply with a legal process; and/or in the event it is necessary to prevent, investigate or take action regarding unlawful, illegal or suspicious activities that violate this Privacy Policy.
  • Capricho may share your Personal Information in response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency’s request or similar request.
  • Capricho may share your Personal Information third parties in order to investigate, prevent, or take action (in our sole discretion) regarding potentially illegal activities, suspected fraud, situations involving potential threats to any person, us, or the Services, or violations of our policies or the law.
  • Capricho may transfer Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Capricho about Capricho Users is among the assets transferred.

Capricho may, from time to time, choose to post certain Personal Information about a User for promotional or Service-related purposes; prior to posting said information, Capricho will obtain the User’s consent via email.

Retention of Data

Capricho will retain your Personal Information for as long as is reasonable or appropriate for the purposes set out in this Privacy Policy. We will also retain and use your Personal Information to the extent necessary or reasonable to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Capricho will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.

If you are located outside the United States, please note that we transfer data, including Personal Information, to the United States and process it there.

By using the Services, you understand and acknowledge that your Personal Information will be transferred to and processed in the United States, which may have different data protection rules than in your country.

Capricho will take steps reasonably designed to treat your Personal Information securely and in accordance with this Privacy Policy, as further described below.

California Privacy Rights

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

Nevada Privacy Rights

Nevada law permits our Users who are Nevada consumers to request that their personal information not be sold (as defined under applicable Nevada law), even if their Personal Information is not currently being sold. Requests may be sent to and are free of charge. Requests may be sent to shop@caprichoaspen.com and are free of charge.

 

Children’s Privacy

Our Online Services is not intended for children under 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and learn we have collected or received personal information from a child under 13 without verification of parental consent, please contact us and we will delete that information.

Protecting Your Information

Capricho implements security measures designed to maintain the security of your Personal Information. These security measures are implemented both during transmission of Personal Information and once received. The security of your Personal Information is important to us. Certain sensitive information submitted, such as credit card information, is encrypted using secure layer technology (SSL). However, no method of safeguarding information is completely secure. While we use measures designed to protect Personal Information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.

Third Parties

In some instances, the Services might contain links to other third-party sites and services. When you access these other sites or services, you are leaving the Services. Capricho is not responsible or liable for the activities on, security or privacy practices of, or content on third party sites. We encourage you to read the privacy statements posted on each such third party site or service.

Service Providers

We may employ third party companies and individuals to facilitate the Services and our provision of products and services through the Site, to provide the Services on our behalf, to perform services related to the Services (as discussed above), to assist us in analyzing how our Services are used, and to assist us with business development and marketing efforts related to the Services (“Service Providers”). These Service Providers may have access to your Personal Information only to perform these tasks on our behalf.

Communications Opt-Out

You may opt out of receiving marketing or other communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received, or by contacting us using the contact information provided below. If you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email. Note that, even if you opt out of receiving marketing communications from Capricho, we will still send you order confirmations and other non-marketing related messages.

Edit or Delete Account

If your personally identifiable information changes, you may correct, update, or amend your account by making the desired changes on the account profile page found after you log-in at www.CaprichoAspen.com. If you wish to delete/remove or deactivate your account on the Site, please contact us using the information provided below.

Changes to Privacy Policy

Capricho may amend or update from time to time this Privacy Policy in its sole discretion and without prior notice. Any such amendments or updates will be effective upon our posting of the revised Privacy Policy. Your continued use of the Services following our posting of any revised Privacy Policy will constitute your acknowledgement and acceptance of the amended Privacy Policy.

Contact Information

If you have any questions regarding this Privacy Policy, you can contact us at shop@caprichoaspen.com or by mail: 611 Twining Flats Road Aspen, CO 81611, United States

Last Updated

June 13, 2023