Cookie Policy

Effective Date: 3 June 2025

1. What Are Cookies?

Cookies are small text files stored on your device (computer, smartphone, or other devices) by websites you visit. Cookies allow websites to recognize your device, remember your preferences, and enhance your user experience.

2. Dispute Resolution and Governing Law

2.1. Mandatory Arbitration: Any dispute arising from or related to this Cookie Policy or our use of cookies SHALL be resolved exclusively through binding arbitration under our Terms of Service and Dispute Resolution Policy, EXCEPT for EU users' GDPR-specific rights which may be pursued through EU Data Protection Authority complaints or EU courts as required by law.

2.2. Integration: This Cookie Policy is governed by our Terms of Service, including all dispute resolution, governing law, and limitation of liability provisions.

2.3. Class Action Limitations: Cookie-related disputes must generally be resolved individually, except where EU law specifically provides for collective redress mechanisms for GDPR violations.

3. EU Cookie Compliance for Incidental Users

3.1. Occasional Processing Framework for EU Cookies

For incidental EU users accessing our platform:

• Cookie processing operates under occasional processing framework
• Primary compliance focus on Canadian and U.S. cookie regulations
• EU users receive appropriate cookie protections for occasional processing
• No targeted EU marketing or EU-specific cookie strategies deployed

3.2. Legal Basis for Incidental EU Cookie Processing

For EU users who incidentally access our platform, cookies are processed based on:

• Legitimate Interests (Article 6(1)(f) GDPR): Essential cookies for platform functionality and security
• Consent (Article 6(1)(a) GDPR): Non-essential cookies where consent is obtained
• Contractual Necessity (Article 6(1)(b) GDPR): Cookies necessary for service provision requested by user

3.3. EU Cookie Consent for Incidental Users

For incidental EU users, cookie consent is:

• Obtained through standard cookie banner appropriate for occasional processing
• Freely given and withdrawable through browser settings and account controls
• Granular for different cookie categories when technically feasible
• Documented with basic timestamp and consent method
• Not required for essential functionality and security cookies

3.4. Cookie Categories for EU Incidental Processing

• Essential Cookies: No consent required - authentication, security, basic platform functionality
• Analytics Cookies: Consent requested - basic website usage analytics for platform improvement
• Functionality Cookies: Consent requested - user preferences and platform customization
• Marketing Cookies: Generally not deployed for incidental EU users given no EU market targeting

3.5. EU Cookie Rights for Incidental Users

Incidental EU users can:

• Accept or reject non-essential cookies through standard controls
• Withdraw consent through account settings or browser controls
• Access basic information about cookies in use
• Contact us for cookie-related questions through standard support channels
• Request deletion of cookie data subject to technical limitations

3.6. Proportionate Cookie Management

Given occasional processing status:

• Cookie controls are proportionate to incidental usage patterns
• EU-specific cookie infrastructure not implemented unless usage patterns change
• Standard North American cookie practices applied with EU user protections
• Monitoring in place for cookie compliance if EU usage increases significantly

4. Types of Cookies We Use

We use the following types of cookies on the Platform:

4.1. Essential Cookies

These cookies are necessary for the operation of the Platform and cannot be disabled. They include cookies that:

• Enable you to log in securely.
• Facilitate transactions or access to essential features.

4.2. Performance and Analytics Cookies

These cookies help us understand how visitors use the Platform by collecting information about page views, traffic sources, and user interactions. This data is aggregated and anonymized.

4.3. Functionality Cookies

These cookies remember your preferences and choices, such as language settings, to provide a more personalized experience.

4.4. Targeting and Advertising Cookies

These cookies track your browsing habits to deliver relevant advertisements and measure the effectiveness of our marketing campaigns. They may be set by us or third-party advertising networks.

4.5. Third-Party Cookies

Third-party cookies are set by external services or providers, such as analytics tools or social media platforms, to improve functionality or enable specific features.

5. Why We Use Cookies

We use cookies for the following purposes:

• To provide and enhance the functionality of the Platform.
• To personalize your experience and remember your preferences.
• To analyze Platform usage and improve performance.
• To deliver relevant advertisements and promotions.
• To ensure Platform security and prevent fraudulent activities.

6. Your Cookie Preferences

You have the right to manage your cookie preferences, including accepting or rejecting cookies. Here's how you can do it:

6.1. Cookie Consent Banner

When you first visit the Platform, a cookie consent banner will appear, allowing you to accept or customize your cookie preferences.

6.2. Browser Settings

Most web browsers allow you to control or delete cookies through their settings. Please note that disabling cookies may affect your ability to use certain features of the Platform.

6.3. Do Not Track (DNT)

Some browsers offer a “Do Not Track” feature. We honor DNT signals in jurisdictions where this is legally required.

7. Sharing Cookie Data

We may share cookie data with third-party service providers, such as:

• Analytics Providers: For understanding Platform usage.
• Advertising Networks: For delivering targeted advertisements.
• Social Media Platforms: For integrating social features.
• 3rd Party Vendors or Suppliers

We ensure that any third party receiving cookie data adheres to applicable data protection laws and only uses the data for agreed purposes.

8. Your Cookie Rights by Jurisdiction

8.1. EU Users (GDPR and ePrivacy Rights)

• Consent Management: Grant or withdraw consent for non-essential cookies
• Access Rights: Information about cookies in use and their purposes
• Objection Rights: Object to cookie processing based on legitimate interests
• Deletion Rights: Request deletion of cookie data subject to technical limitations
• Portability Rights: Receive cookie preference data in machine-readable format

8.2. All Other Users (Limited Rights)

• Access to information about cookies we use
• Objection to non-essential cookies (subject to functionality limitations)
• Withdrawal of consent for non-essential cookies
• Browser-based cookie controls and deletion

8.3. Rights Limitations

• Essential cookies cannot be disabled without losing platform functionality
• Cookie data older than 12 months may not be accessible for technical reasons
• Rights are subject to legitimate business interests and legal obligations
• Complex requests may require reasonable processing fees (non-EU users only)

8.4. Business Operations Override

We may decline cookie-related requests that would:

• Compromise platform security or fraud prevention
• Require disproportionate technical effort
• Interfere with legitimate business operations
• Violate legal or regulatory requirements

9. Limitation of Liability

9.1. General Cookie Liability Cap: Our liability for cookie-related issues shall not exceed $100 per user per incident.

9.2. EU Liability Exceptions: For EU users, liability limitations are subject to GDPR requirements and cannot limit liability for:

• Intentional or grossly negligent GDPR violations related to cookie processing
• Damages specifically provided for under EU law
• Rights that cannot be waived under mandatory EU consumer protection laws

9.3. Third-Party Cookies: We are not liable for the actions of third-party cookie providers. Users interact with third-party cookies at their own risk.

9.4. Technical Limitations: We are not liable for:

• Browser compatibility issues with cookie controls
• Loss of functionality from disabling cookies
• Technical limitations in cookie management tools
• Data loss from cookie deletion or browser changes

10. Legal Basis for Using Cookies

We process cookies based on:

• Consent: For all cookies except those strictly necessary for the operation of the Platform.
• Legitimate Interest: For improving functionality and ensuring security where consent is not required.

11. Changes to This Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in technology, laws, or our business operations. Updates will be posted on this page, and we encourage you to review the policy periodically.

12. Contact Us

If you have questions or concerns about this Cookie Policy, please contact us:

Email: support@dirtface.com

Mailing Address: Dirt Face, 3801 Chalk Butte Road, Cut Bank, MT 59427, USA