Totem - Privacy Policy

Last Modified: May 1, 2025

Introduction

Totem, Inc. ("Totem" or "we") respects your privacy and is committed to protecting it through compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit https://www.totemlabs.com/ or https://totemlabs.shop/ (collectively, the "Site") and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect:

  • On the Site.
  • In email, text, and other electronic messages between you and the Site.

It does not apply to information collected by:

  • Us offline or through any other means; or
  • Any third party.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Site. By accessing or using the Site, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 18

The Site is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site or through any of its features, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at shop@totemlabs.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Site, including information:

  • By which you may be personally identified, such as name, postal address, email address, and telephone number ("personal information");
  • That is about you but individually does not identify you; and/or
  • About your internet connection, the equipment you use to access the Site, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through the Site may include:

  • Information that you provide by filling in forms on the Site. This includes information provided when making any purchase or using any "contact us" feature available on the Site. We may also ask you for information when you report a problem with the Site.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the Site.
  • Information collected about you by third parties who collect information on our behalf, including companies who support the Site, such as Shopify, and payment processors who collect payment information to process your payment to fulfill your orders.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. Data that we collect automatically helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to understand usage and purchase patterns.

The technologies we use for automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site. For specific information about the cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies
  • Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Totem, for example, to count users who have visited certain webpages and for other related website statistics (for example, recording the popularity of certain website content and merchandise and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Site and its contents to you.
  • To provide you with information or products that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Site or any products we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our affiliates.
  • To contractors, service providers, and other third parties we use to support the Site.
  • To fulfill the purpose for which you provide it. 
  • For any other purpose disclosed by us when you provide the information.
  • With business and marketing partners, including Shopify, to provide services and advertise to you. (Our business and marketing partners will use your information in accordance with their own privacy notices).
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and any other agreements you enter into with Totem, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Totem, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.

  • Promotional Offers and Advertisements. If you do not wish to have your contact information used by Totem to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to shop@totemlabs.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided by Totem as a result of inquiries or requests submitted by you, or in connection with transactions carried out through the Site.

Accessing and Correcting Your Information

You may also send us an email at shop@totemlabs.com to request access to, correct or delete any personal information that you have provided to us through the Site. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or if such information is needed to fulfill any outstanding purchases.

Data Security

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

The transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

GDPR

The terms used in this section, such as "personal data", "data controller", "data processor", "data subject", and others, shall have the same meaning as defined in the European Union (“EU”) General Data Protection Regulation ("GDPR"). In compliance with the GDPR, we act as the data controller and processor with respect to your personal data (as those terms are defined in the GDPR). We may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the personal information of an EU data subject, including but not limited to:

  • Your freely given, specific, information and unambiguous consent (which you may revoke at any time); 
  • Where necessary to perform a contract that we have with you, such as our terms of use, and to provide the services;
  • When necessary to comply with a legal obligation, or to establish, exercise or defend legal claims;
  • To protect your vital interests or those of others; and
  • Necessary for the purposes of Totem's or a third party’s legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

We may collect the following categories of personal data directly from you or through your use of the services:

  • Name
  • Email address
  • Phone number
  • Location data
  • Account information
  • Payment information
  • Usage information
  • Online identifiers (such as an IP address or cookies)
  • Mobile device information

In some cases, the collection and aggregation of these categories of personal data may reveal sensitive personal data or special categories of data, which we will handle with appropriate safeguards and protections. Additionally, we may collect pseudonymized data or anonymized data for a variety of purposes, which is outside the scope of personal data. 

If you are an EU data subject, under certain circumstances, you have the following rights regarding your personal data:

  1. Right to Access: You have the right to request access to your personal data and obtain information about how it is processed.
  2. Right to Rectification: You can request corrections to any inaccurate or incomplete personal data we hold about you.
  3. Right to Erasure (Right to be Forgotten): You may request the deletion of your personal data, subject to certain legal exceptions.
  4. Right to Restriction of Processing: You can request that we limit the processing of your personal data under certain circumstances.
  5. Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to request the transfer of this data to another controller.
  6. Right to Object: You can object to the processing of your personal data under certain conditions, including for direct marketing purposes.
  7. Right to Withdraw Consent: If processing is based on consent, you have the right to withdraw that consent at any time.

If you believe that we have infringed your rights under the GDPR or wish to exercise your rights, please contact us by sending an email to shop@totemlabs.com. We are committed to addressing and resolving any concerns or complaints you may have regarding our handling of your personal data.

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. We retain your personal data only for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required by law. We do not engage in automated decision making based on your personal data. 

Where we transfer personal data outside the EU, we ensure that adequate safeguards are in place to protect your data, such as entering into Standard Contractual Clauses as approved by the European Commission with the receiving party.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email or through a notice on the Site home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Site and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy or our privacy practices, contact us at shop@totemlabs.com or 423-616-9633.