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SKYLAR

Privacy Notice (USA)

Last Modified: March 14, 2025

We respect your privacy and are committed to protecting your personal information. This Privacy Notice (this “Notice”) provides you with information about our personal information collection, use, and disclosure practices, as well as information about your privacy rights and choices.

This Notice is provided to visitors to the SKYLAR-operated websites, including the sites that link to this Notice, such as https://www.skylarnewyork.com, https://www.skylarny.com and https://www.skylarnextfrontier.com (and all sub-pages available through those sites). All of these sites and pages are referred to collectively in this Notice as the “site,” which also includes all associated content, functionality, and services offered on or through the site). This Notice is a part of our Terms of Use, available HERE and is one of the Additional Policies incorporated into the Terms of Use by reference.

References to “SKYLAR,” “Skylar,” “us,” “we,” or “our” in this Notice refer to SMS LLC, and references to “you” and “your” refer to you as a visitor to and user of the site and/or as the party whose personal information we may collect and use in accordance with this Notice.

1. ACCEPTANCE OF AND CHANGES TO THIS NOTICE

Your use of the site, and all communications between you and us, are subject to this Notice. YOU SHOULD READ THIS NOTICE COMPLETELY AND CAREFULLY BEFORE USING THE SITE AND/OR PROVIDING US WITH ANY INFORMATION, PARTICULARLY PERSONAL INFORMATION. By using the site in any way, including browsing, creating an account, expressing an interest in any products, purchasing any products, and/or using any interactive site tools, or by otherwise providing us with any personal information, you acknowledge that you have read, understood, and agreed to be bound by this Notice.

Because of changes in technology and practices, this Notice may change from time to time. We will post any changes we make to this Notice on this page, and we will provide you notice of such changes if and when required by applicable law. Any changes will be effective when the updated Notice is posted.

It is your responsibility to check this Notice for updates. You will be able to determine when the Notice was last updated by referring to the “Last Modified” date at the top. By using the site and/or providing us with any personal information after we post any changes to this Notice, you agree to accept those changes, whether or not you have taken the time to review them.

2. APPLICABILITY OF THIS NOTICE

This Notice covers the personal information collected and used by Skylar as follows:

Personal information that we collect from you when you visit and use our site;
Personal information that you submit to us through the site, including through any “Contact Us” or similar feature;
Personal information that you submit to us when you contact us by telephone or email;
Personal information that you submit to us when you subscribe to our newsletter or similar communications;
Personal information that you or others provide to us when you sign up for, register for, pay for, and/or participate in any event that we sponsor or co-sponsor; and
Personal information that you provide to us when you purchase products through our site.

A Note About Payment Card Information

We will use one or more third party payment vendors to facilitate and process payments through the site. Accordingly, when you make a purchase through the site, your payment will be processed by our vendor, and your interactions with our vendor will be governed by their terms and conditions and privacy policy. We work with vendors are Payment Card Industry – Information Security Standard compliant to protect your payment information.

A Note About Children

You must be at least 18 years old to purchase our products. Neither our site nor our products and services are targeted to, and we have no interest in collecting information from, anyone under 18, which of course includes children under the age of 13. We do not knowingly gather any personal information from children. If you are a parent or legal guardian who believes that your child has provided us with any personal information, please contact us at contact@skylarnextfrontier.com.

Additional Privacy Notices

We may provide you with supplemental or additional privacy notices on specific occasions when we collect or process personal information about you. On those occasions, it is important that you read this Notice together with all such other notices, so that you can be fully aware of how and why we are using your personal information. This Notice supplements all other and additional privacy notices, and is not intended to override any of them (and vice versa).

3. THE PERSONAL INFORMATION WE COLLECT

Personal Information means any information about an individual that can be used to identify that individual. Personal Information does not include anonymous or anonymized information that cannot be used to identify a specific person.

Skylar may collect, use, store, and transfer different categories of personal information, as follows:

a. Identity and Contact Information, which includes Information that can be used to identify and contact you, such as first name, last name, user name/alias, or similar identifiers, physical address, email address, and phone numbers.

b. Personal Characteristics, which may include birthdate (age), general physical characteristics or description, and sex/sexual orientation (including gender, gender identity, and gender expression).

c. Financial Information, which includes bank account and payment card details which are processed by our payment vendors as described above.

d. Commercial and Transaction Information, which includes details about payments from you and products and services you have purchased from us or expressed an interest in purchasing.

e. Device and Browser Information, which includes internet protocol (IP) address, login details, browser type and version, time and location settings, browser plug-in types and versions, operating system, platform, and other technology on the device(s) you use to access our site.

f. Profile Information, which includes your user name and password, purchases or orders made by you, your interests and preferences, and feedback and survey responses.

g. Usage Information, which includes information about how you use our site, products, and services.

h. Marketing and Communications Information, which includes your preferences in receiving marketing communications from us and our third-party service providers, and your other communications preferences.

i. Location Information, which includes information such as your ZIP code and other shipping information when you make a purchase.

j. Other Information, which includes any personal information you voluntarily provide to us when you interact with us through the site, such as through a “contact us” or similar feature.

We also collect, use, and disclose “Aggregated Information,” such as statistical or demographic information. Aggregated Information may be derived from personal information, but it is not considered personal information because it does not directly or indirectly reveal your identity. For example, we may aggregate Usage Information to calculate the percentage of site users accessing a specific site feature. However, if we ever do combine or connect Aggregated Information with other personal information such that it could directly or indirectly identify you, we will treat the combined Information as personal information in accordance with this Notice.

4. HOW WE COLLECT PERSONAL INFORMATION; SOURCES OF PERSONAL INFORMATION

We use different methods to collect personal information from and about you, including as follows:

a. Direct Interactions. From time to time, you may provide us with your personal information by interacting with our site, purchasing products, or by corresponding with us by mail, telephone, email, social media, or otherwise. This includes personal information you provide when you:

Purchase our products or services directly from us, or express an interest in our products or services;
Create an account on our site;
Subscribe to services, promotions, or publications;
Request that our newsletter or other marketing or similar materials be sent to you;
Enter a competition, promotion, or survey;
Sign up for, register for, pay for, and/or attend any event that we sponsor or co-sponsor;
Create and share content with us through third-party social networks, such as by commenting on our social media pages;
Provide us with feedback; and
Otherwise contact or communicate with us for any reason.

b. Automated Technologies and Interactions. As you interact with our site, we may automatically collect certain Information, such as information about the equipment used to access the site and your browsing actions and patterns. We collect this information using cookies, server logs, and other similar technologies. We may also receive this information about you if you visit other websites employing our cookies. Please see the “Cookies” section of this Policy for further details.

c. Other Third Parties or Publicly Available Sources. We may receive personal information about you from various third parties and public sources, such as advertising networks and analytics providers (such as Google).

d. Consumer Generated Sources and Third Party Social Network Information. We will have access to any content that you create and then share with us on third party social networks or by uploading it to our site, including the use of third party social network apps such as Facebook, Instagram, and X (Twitter). Examples include photos, videos, personal stories, or other similar media or content. In addition, we may collect information that you share publicly on a third party social network or information that is part of your profile on a third party social network and that you allow the third party social network to share with us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share.

5. HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information we collect for the following business and commercial purposes:

a. Providing the Site and Related Content. We use personal information to provide you with the site and related content, such as to create, maintain, customize, and secure user accounts, to provide you with newsletters and other site information, as well as to respond to questions and requests made through the site.

b. Processing and Fulfilling Orders. We will use your personal information as necessary to complete any orders for products placed through the site, notify you regarding order status, and to perform any related customer service.

c. Marketing and Promotional Efforts. Subject to rights to opt out and applicable law, we may use personal information to send you promotional materials and to provide you with targeted offers and information about additional opportunities related to the site. We will also use personal information to coordinate participation in events, promotions, and surveys we may offer from time to time and to engage in other promotional efforts.

d. Personalization and Inclusivity. We may use certain personal information about personal characteristics and health information to personalize our users’ experience and ensure that our site is inclusive and accessible to all audiences.

e. Analytics and Site Improvements. We use personal information to maintain and improve the quality of the site and our user experiences, to understand site traffic, usage patterns, and user behavior, to provide technical support to administer the site, and to provide, support, personalize, develop, and improve our site, products, and services.

f. Legal Matters. We may use personal information as necessary to respond to law enforcement requests and as required by applicable law, court order, or governmental regulation, as well as to enforce our rights and remedies and defend against legal claims.

g. Security. We may use personal information for safety and security purposes, including detecting, preventing, and responding to fraud, intellectual property infringement, violations of the site’s terms of use or other policies, violations, of law or other misuse of the site, and to otherwise maintain and improve the safety, security, and integrity of our site and our business.

h. Business Transactions. We may also use personal information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets in which personal information is among the assets transferred or is otherwise material to the transaction.

We will only use your personal information for the purposes disclosed in this Notice or in any supplemental notice provided to you at or prior to our collection of that personal information, or for any reasonably compatible purpose, and subject to limitations and requirements of applicable law. If we need to use your personal information for any unrelated purpose, we will notify you and, if required by law to do so, will obtain your consent.

6. WHEN AND WHY WE DISCLOSE PERSONAL INFORMATION TO OTHERS

We may disclose personal information as follows:

a. Service Providers. We may disclose personal information to our service providers and contractors in the ordinary course of our business relationship with those parties. This may include parties who provide us with IT and system administration services, parties who provide identity verification services, parties who process credit cards and payments, and other parties who manage shipping and deliveries, manage and service our site, assist with email distribution, provide research and analysis services, manage brand and product promotions, run and manage sponsored events, and/or administer certain site or product features. We may also disclose personal information to other service providers who act as professional advisors to us, including lawyers, bankers, accountants, insurers, and others who provide similar services. We provide our service providers only with the information that they need to perform their respective services, and work with them to respect and protect your privacy.

b. Marketing Partners. We may share your information with third parties who work with us on promotional events, and/or so that we or others may provide you with periodic mailings, or may contact you via e-mail, regarding products, services, or events. If you do not wish for us to share your information in this manner, you can contact us at contact@skylarnewyork.com to opt out.

c. Analytics Providers. We share personal information with data analytics platforms, to compile statistics and evaluate and perform analytics and site improvements.

d. Business Transactions. We may share information in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, whether as a going concern or as part of bankruptcy, litigation or similar proceeding, in which personal information about the users of our site is among the assets transferred.

e. Other Disclosures. We will share personal Information if we believe that such action is appropriate to (1) comply with law, regulations, legal process or governmental request, (2) enforce any terms of use applicable to the site, including potential violations, (3) detect, prevent or otherwise address fraud, security or technical issues, or (4) otherwise protect the rights, property or personal safety of us, our employees, site users or others.

We will not disclose your personal information other than as described in this Notice without providing you notice and, if required by law, obtaining your consent. We do not sell personal information to third parties.

7. COOKIES

Like most websites, we use and allow certain third parties to use technologies such as cookies and web beacons. By using our site, you consent to the use of cookies as described in this Notice.

Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing when you visit a website. We use cookies to make our site work more efficiently, to analyze how our site is used so that we can improve the sites and the products and services we offer, and to personalize your visit to the site, such as by setting language preferences.

We also allow certain third parties, including Google Analytics, to place cookies on the site so that we can collect information about what web pages you visit, and these cookies may track your online activities over time and across different websites. This information is used to provide advertising specific to your interests on the websites you visit (also known as interest-based advertising), and to analyze the effectiveness of that advertising. For more on interest based advertising, see below.

Cookies used on our site are generally divided into the following categories:

Session cookies: These are cookies that maintain user login status and preferences during a single online session
Persistent cookies: These are coolies that remember your login settings and preferences, even after you have logged out of our site.
Analytics cookies: These are cookies that automatically collect information about your use of the site. These help us understand how many people are using our site how they navigate through it. These cookies record only anonymous statistical data, not personal information. As mentioned above, we use Google Analytics to analyze site user behavior, so Google will place these types of cookies on our site.
Security cookies: These are cookies that we use to detect fraud and enhance site security.

Most web browsers automatically accept cookies, but you can usually change your settings to prevent that, such as by having your device warn you each time a cookie is being sent or choosing to turn off all cookies. This can be done through your web browser settings, and because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings.

If you do disable cookies from your browser you may not be able to access certain sections of the site that use essential cookies, and this may make your experiences on the site less efficient

8. INTEREST-BASED ADVERTISING; EMAIL TRACKING; DO NOT TRACK

We may use third party advertising companies to deliver and display ads tailored to you based on how you interact with our site, a practice known as interest-based advertising or behavioral advertising. In connection with this practice and as disclosed in the “Cookies” section above, we allow these third parties to collect certain information about you when you visit our site, through the placement of cookies or other tracking technologies. To learn more about interest-based/behavioral advertising, please visit the DAA Website or the Network Advertising Initiative Website.

When corresponding with you via HTML-capable email, we may use “format sensing” technology, which allows pixel tags to let us know whether you received or opened our email. We may also use unique hyperlinks in emails we send to you, which we use to see whether emails have been opened and responded to.

Currently, certain browsers, including Firefox, Chrome, Safari, and Edge, offer a “do not track” (DNT) option. This option, using a technology known as a DNT header, sends a signal to websites visited by a user about the user’s DNT preference, if any, set on the browser. If you activate DNT, we cannot currently commit to responding to your browser’s DNT signals, because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

9. HOW LONG WE RETAIN PERSONAL INFORMATION

We will only retain your personal information for as long as necessary to fulfil the purpose(s) for which it was collected, including to satisfy any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

10. SECURITY

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, altered, or used, disclosed, or accessed in an unauthorized way. In addition, we limit access to your personal information to those employees, agents, service providers, contractors, and other third parties who have a business need to know that information, who are only authorized to process your personal information on our instruction, and are subject to confidentiality obligations.

We have put in place procedures to address any suspected or actual personal information breach, and will comply with applicable laws relating to notification of and response to any personal information breaches or other security incidents.

Unfortunately, the transmission of information via the internet is not always completely secure despite our reasonable efforts. While we will reasonably protect your personal information, we do not guarantee the security of your Information transmitted over the internet; any such transmission, including via our site, is at your own risk and when we receive your information it will be kept in a secure environment protected by a combination of physical and technical measures such as encryption technologies or authentication systems to prevent any loss, misuse, alteration, disclosure, destruction, theft or unauthorized access.

11. THIRD PARTY SITES AND SOCIAL SHARING FEATURES

Our site may include links to other websites. We do not control the privacy practices of any third parties, and if you submit personal information to any of those sites, their collection and use of your information is governed by their privacy policies, which differ from ours. We encourage you to carefully read the privacy notice of any website you visit.

Our site may offer social network and similar sharing features, such as Facebook, Instagram, X (Twitter), YouTube, and similar buttons, which let you share information related to the site through your preferred social media platforms. If you permit a connection between our site and your social network page(s), we (and the social network) may be able to identify you, and associate the information we (and they) receive with information we (and they) already have about you. In addition, depending on how you use those features and your settings with the social network provider(s), the information you share to your social network pages will be available to others, including your friends and/or the public. For more information about how your information may be shared through those social networks once it is provided to them, you should review the privacy policies of those social networks.

12. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

If you are located in the United States, you have the rights described below regarding our collection and use of your personal information. These rights are subject to certain limitations and exceptions under applicable law.

a. Providing Personal Information is Your Choice. You can browse our site without providing us with any personal information, other than browsing Information (which we will not attempt to link with other personal information). However, if you choose to use our site to engage with us, such as by creating an account, or if you choose to conduct business with or otherwise interact with us, you will be required to provide us with the personal information necessary to facilitate that interaction or transaction. If you do not want to provide us with personal information, we may not be able to conduct business with you or provide you with requested information.

b. You Have the Right to Opt Out of Certain Communications. You can ask us to stop sending you marketing and other promotional materials at any time by following the opt-out links in the applicable messages, or by contacting us at any time. Please note that when you opt out of marketing messages, we may still need to contact you regarding outstanding orders, product purchases or services, warranty registration, your product or service experience, as required by law, or regarding legal matters. However, we will not send you marketing communications after you have opted out of receiving them.

c. You Have the Right to Access Your Personal Information. You have the right to confirm whether we are processing your personal information and, if so, to access information about the specific items of personal information we have collected about you. If you request a copy of your personal information, you have the right to receive it in a portable and, to the extent technically feasible, readily-usable format that allows you to transmit the Information to another party without undue difficulty.

d. You Have the Right to Correct Your Personal Information. If you believe any personal information we have about you is incorrect, you can contact us at any time to request that we make the appropriate edits to correct that Information. In addition, if you have an account on our site, you may be able to update certain of your account details directly through the site.

e. You Have the Right to Request Deletion of Your Personal Information. As noted above, we have standard retention practices with respect to the personal information we collect. If you would like to request any earlier deletion of your personal information, you may contact us with this request. Please note that we may not be able to completely remove personal information in certain circumstances. This will be true if the Information is not in a searchable format, or if it is retained in backup systems or in cached or archived pages. We also may not be able to delete personal information to the extent it is necessary to conduct active and ongoing business with you, if we are required by law to retain it, or keeping the Information it is necessary to comply with our legal obligations, resolve disputes, prevent fraud or future abuse, or otherwise enforce our rights.

f. You Have the Right to Opt Out of Targeted Advertising. As noted above, we use third party advertising companies to deliver and display ads tailored to you based on how you interact with our site, a practice known as interest-based advertising or behavioral advertising. You have the right to opt out of having your personal information used for this purpose. To exercise this right, you can set your cookies preferences on your device or contact us.

g. Limitations. Each of the rights set forth above may be subject to certain limitations as set forth in applicable law. Your rights may depend on your state of residence, as different states have adopted privacy laws that provide for specific rights and remedies applicable solely to residents of such states.

h. Exercising Your Rights. To exercise any of the above rights, or if you have any questions regarding our practices regarding personal information, please contact us at contact@skylarnewyork.com. Please note that we may be required to request information from you to verify your identity in connection with any such request, as a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it. If you make any request to exercise your rights, we will respond within the time period required by law (or if no time period is required, within a reasonable period of time). If we are unable to comply with your request, we will inform you of this. If you do not agree with any action we have taken following a request to exercise your rights, or otherwise object to our handing of your personal information, you may have the right to appeal or to raise your objection with your state’s regulatory authority. We would, however, appreciate the opportunity to address your concerns directly before you approach a regulatory authority, so please contact us in the first instance.

If you are accessing our site from outside the United States and provide us with personal information through our United States site, you understand that your personal information will be transferred to and processed in the United States. The laws that apply to the use and protection of your personal information in the United States are different than the laws of other countries. By accessing our site United States site, or by otherwise providing us Information from outside of the United States, regardless of your country of origin and/or the country from which you access or use the site, you consent to our collection, use, and disclosure of your personal information as described in this Notice.