Privacy policy

Last updated: August 22, 2025

Privacy Policy

Last updated: September 10, 2024

This Privacy Policy describes how Unforgettables (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from www.unforgettables.co (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide or improve or improve the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

  • Contact details including your name, address, phone number, and email.
  • Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
  • Account information including your username, password, security questions and other information used for account security purposes.
  • Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.
  • SMS and mobile communication preferences including your mobile phone number, carrier information, and consent to receive text messages for marketing, transactional, and service-related communications.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information We Collect about Your Usage

We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

Location Information: When you use our mobile services or enable location services, we may collect location data including:

  • GPS coordinates and precise location information when you grant permission
  • IP address-based approximate location
  • Location inferred from your shipping and billing addresses
  • Cell tower and WiFi network location data when available

Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies who support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
  • SMS service providers and carriers who may provide delivery confirmations, opt-out processing, and compliance monitoring for our text messaging campaigns.
  • Data analytics partners who help us understand customer behavior patterns, shopping cart abandonment, and marketing campaign effectiveness.

When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. Also see the section below, Third Party Websites and Links.

SMS Marketing and Communication Practices

SMS Marketing Compliance

Consent and Opt-In: We only send marketing text messages to customers who have provided explicit consent through:

  • Website opt-in forms with clear disclosure of message frequency and data rates
  • Point-of-sale opt-in during checkout process
  • Phone-based opt-in with recorded verbal consent
  • Two-step confirmation process for promotional campaigns

Message Frequency and Content: We send promotional SMS messages with a frequency that varies based on:

  • Seasonal promotions and sales events
  • Product launches and restocks
  • Abandoned cart recovery campaigns (as detailed below)
  • Account and order status updates

Compliance Standards: Our SMS marketing practices adhere to:

  • Telephone Consumer Protection Act (TCPA) requirements
  • CAN-SPAM Act provisions applicable to text messaging
  • Federal Communications Commission (FCC) guidelines
  • Cellular Telecommunications Industry Association (CTIA) best practices
  • State-specific regulations where applicable

SMS Abandoned Cart Recovery

We use automated SMS messaging to help recover abandoned shopping carts, subject to the following practices:

Triggering Events: Abandoned cart SMS messages are sent when:

  • Items remain in your cart for more than 30 minutes without checkout completion
  • You have provided explicit consent to receive cart recovery messages
  • Your mobile number is verified and confirmed as valid

Message Sequence: Our abandoned cart recovery typically includes:

  • Initial reminder within 1-3 hours of abandonment
  • Follow-up message within 24-48 hours with potential incentive
  • Final reminder within 72-96 hours
  • No more than 3 messages per abandoned cart incident

Personalization: These messages may include:

  • Specific product names and images from your abandoned cart
  • Personalized discount codes or shipping offers
  • Direct links to complete your purchase
  • Customer service contact information for assistance

Location-Based SMS Services

When you consent to location-based messaging, we may use your location data to provide:

Location-Triggered Promotions:

  • Store-specific offers when you're near retail partners
  • Local event promotions and seasonal campaigns
  • Geographic-based shipping and delivery updates
  • Regional product availability notifications

Geofencing Communications:

  • Welcome messages when entering designated retail areas
  • Exit surveys when leaving partner store locations
  • Location-based customer service hours and contact information
  • Regional weather-related product recommendations

Location Data Usage: For location-based SMS services, we:

  • Only access location data when you have granted specific permission
  • Use location information solely for the promotional purposes you've consented to
  • Do not share precise location data with third-party marketers
  • Allow you to disable location-based messaging while maintaining other SMS services

How We Use Your Personal Information

Providing Products and Services: We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.

Marketing and Advertising: We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites. SMS marketing campaigns use your mobile number, purchase history, and browsing behavior to provide personalized product recommendations, exclusive offers, and timely promotional content.

Security and Fraud Prevention: We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

Communicating with You and Service Improvement: We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

Location-Based Services: When you consent to location services, we use your location data to:

  • Provide location-specific product recommendations and promotions
  • Calculate accurate shipping costs and delivery timeframes
  • Offer location-based customer service and support
  • Improve our understanding of customer geographic preferences
  • Comply with location-specific legal and tax requirements

Third-Party Data Sharing for SMS and Location Services

SMS Service Providers

We share necessary information with SMS service providers to deliver text messaging services:

Shared Information:

  • Mobile phone numbers and carrier information
  • Message content and delivery preferences
  • Opt-in/opt-out status and consent records
  • Message delivery and engagement analytics
  • Customer service interaction history related to SMS

Third-Party SMS Partners:

  • SMS gateway providers for message delivery
  • Compliance monitoring services for regulatory adherence
  • Analytics platforms for campaign performance measurement
  • Customer service platforms for support ticket integration

Location Data Sharing

Limited Location Sharing: We may share location information with:

  • Shipping and logistics partners for delivery optimization
  • Payment processors for fraud prevention and geographic validation
  • Analytics providers for aggregated location-based insights (anonymized)
  • Marketing partners for location-based advertising (with explicit consent)

Location Data Protections:

  • Precise GPS coordinates are never shared with marketing partners
  • Location data is anonymized when used for analytics purposes
  • Third parties receiving location data are contractually bound to protect your privacy
  • You can revoke location sharing consent at any time through account settings

Data Sharing Safeguards

All third-party data sharing arrangements include:

  • Contractual data protection requirements
  • Regular security audits and compliance monitoring
  • Data retention and deletion schedules
  • Incident response and breach notification procedures
  • Compliance with applicable privacy regulations (GDPR, CCPA, etc.)

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

Please note that while your browser may allow you to transmit a "do not track" signal, like many websites, our Site is not designed to respond to such signals. To learn more about "do not track" signals, you can visit http://www.allaboutdnt.com/.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes, legitimate purposes and other reasons subject to this Privacy Policy. Such circumstances may include:

  • With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping, SMS delivery services, location-based service providers).
  • With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
  • When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
  • With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
  • In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We have in the past 12 months disclosed the following categories of personal information and sensitive personal information about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

Category Categories of Recipients
Identifiers such as basic contact details and certain order and account information Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers), Business and marketing partners, Affiliates
Personal information categories listed in the California Customer Records statute such as basic contact details and certain order and account information
Commercial information such as order information, shopping information and customer support information
Internet or other similar network activity, such as Usage Data
Geolocation data such as locations determined by an IP address or other technical measures
Mobile phone numbers and SMS communication preferences SMS service providers, Marketing automation platforms, Customer service platforms
Precise location data (when consented) Shipping and logistics providers, Location-based service providers

We do not use or disclose sensitive personal information without your consent or for the purposes of inferring characteristics about you.

SMS and Location Services Opt-Out Rights

SMS Opt-Out Options

You can stop receiving SMS messages at any time through:

  • Text STOP: Reply STOP to any promotional text message
  • Account Settings: Update your communication preferences in your online account
  • Customer Service: Contact our support team at support@unforgettables.co
  • Online Form: Use the unsubscribe link provided in our text messages

Important Notes:

  • Opting out of marketing messages will not stop transactional messages (order confirmations, shipping updates)
  • You may continue to receive SMS messages for up to 48 hours after opting out while our systems process your request
  • Re-opting in requires the same consent process as initial signup

Location Services Management

You can control location-based services through:

  • Device Settings: Disable location permissions for our app or website
  • Account Preferences: Turn off location-based promotions in your account settings
  • Browser Controls: Deny location access when prompted by your web browser
  • Individual Campaign Opt-Out: Decline specific location-based promotions when offered

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

SMS Services for Minors: We do not send marketing text messages to individuals under 18 years of age. If we discover that a minor has subscribed to our SMS services, we will immediately remove them from our messaging lists and delete their mobile number from our marketing databases.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

SMS and Location Data Retention:

  • SMS opt-in records: Retained for 3 years after last interaction for compliance purposes
  • Message content and delivery logs: Retained for 1 year for customer service and analytics
  • Location data: Deleted within 90 days unless needed for ongoing services you've requested
  • Abandoned cart data: Retained for 30 days or until purchase completion, whichever occurs first

Your Rights

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.

Right to Delete: You may have a right to request that we delete personal information we maintain about you.

Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.

Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.

Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.

Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.

Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

SMS-Specific Rights:

  • Right to SMS Data Access: Request a copy of all SMS communications we've sent to your mobile number
  • Right to SMS Data Deletion: Request deletion of your mobile number and all associated SMS records
  • Right to Opt-Out History: Access records of your SMS opt-in and opt-out activities
  • Right to Message Frequency Control: Adjust how often you receive different types of SMS communications

Location Data Rights:

  • Right to Location Data Access: View what location information we have collected about you
  • Right to Location Data Deletion: Request deletion of stored location information
  • Right to Location Tracking Transparency: Understand when and how your location is being tracked
  • Right to Granular Location Controls: Choose which types of location-based services to receive

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

SMS and Location Service Complaints: For specific complaints about SMS messaging practices or location data usage, you may also contact:

  • Federal Communications Commission (FCC) Consumer Complaint Center
  • Your mobile carrier's customer service department
  • State Attorney General's office consumer protection division

International Users

Please note that we may transfer, store and process your personal information outside the country you live in. Your personal information is also processed by staff and third party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at support@unforgettables.co or contact us at 5625 North German Church Road, Unit #2019, Indianapolis, IN, 46235, US.

For SMS-specific inquiries: Include "SMS Privacy Request" in your email subject line For location data inquiries: Include "Location Data Request" in your email subject line For urgent opt-out requests: Text STOP to any message or call our customer service line for immediate assistance