Privacy policy

Last updated: December 18, 2025

This Privacy Policy describes how PonchEar (“we,” “us,” or “our”) collects, uses, and discloses personal information when you visit ponchear.co (the “Site”), make a purchase, or otherwise interact with our services.

This Privacy Policy is incorporated into and forms part of PonchEar’s Terms of Service. By accessing or using the Site or Services, you agree to this Privacy Policy and our Terms of Service.

1. Relationship to Terms of Service

Your use of the Site and submission of Personal Information is governed by:

This Privacy Policy
Our Terms of Service
Any additional policies incorporated by reference

If there is a conflict between this Privacy Policy and the Terms of Service, the Terms of Service control, except where prohibited by law.

2. Collecting Personal Information

Device Information

Collected:
IP address, browser type, cookies, time zone, pages viewed, interactions.

Purpose:
Site operation, analytics, fraud prevention, performance optimization.

Shared with:
Shopify, analytics providers, and infrastructure providers.

Order & Account Information

Collected:
Name, billing/shipping address, payment details, email, phone number.

Purpose:
Order fulfillment, payment processing, fraud screening, communication.

Shared with:
Shopify, payment processors, logistics providers.

Customer Support Information

Collected:
Contact information, order details, communications.

Purpose:
Providing customer support and resolving issues.

3. Marketing Communications (Email, SMS, WhatsApp)

If you opt in, we may send marketing or transactional communications via email, SMS, or WhatsApp.

We use third-party tools (including Sendvio) to deliver these communications. These tools are provided “as is” and “as available”, consistent with Section 7 (Optional Tools) of our Terms of Service.

You acknowledge and agree that:

You are responsible for providing accurate contact information
You may opt out at any time
Message and data rates may apply
Delivery is not guaranteed and may be impacted by carriers or platforms

We disclaim liability for delays, filtering, blocking, or failures caused by third-party messaging providers, carriers, or platforms, to the maximum extent permitted by law.

4. Third-Party Service Providers

We share Personal Information with service providers strictly to operate our business, including:

Shopify (ecommerce platform)
Sendvio (email, SMS, WhatsApp, and automation)
Analytics providers (e.g., Google Analytics)
Payment processors and fraud prevention services

These providers process Personal Information under contractual obligations but operate independently. Their services are subject to their own terms and policies.

5. Behavioural Advertising & Analytics

We use Personal Information to provide relevant advertising and analyze Site usage.

You may opt out of targeted advertising using third-party tools and settings. Opt-out does not guarantee that you will stop seeing ads, only that they may be less relevant.

6. Lawful Basis for Processing (GDPR)

For EEA residents, processing is based on:

Consent
Contract performance
Legal obligations
Legitimate business interests

7. Data Retention

We retain Personal Information as long as necessary for:

Order fulfillment
Legal and accounting compliance
Dispute resolution
Enforcement of our Terms

8. Automated Decision-Making

We do not engage in automated decision-making with legal or significant effects. Fraud-prevention systems used by Shopify may involve limited automated processing.

9. Your Rights

Depending on your jurisdiction, you may have rights to access, correct, delete, or restrict processing of your Personal Information.

Requests should be submitted to:
ponchears@gmail.com

10. Cookies

We use functional, performance, advertising, and analytics cookies. Blocking cookies may limit Site functionality.

11. Do Not Track

We do not respond to “Do Not Track” signals due to lack of industry standard.

12. Minors

The Site is not intended for individuals under 18. Use by minors violates our Terms of Service.

13. Data Security

We implement reasonable safeguards, but no system is fully secure. Use of the Site is at your own risk, consistent with Section 13 (Disclaimer of Warranties; Limitation of Liability) of our Terms of Service.

14. Third-Party Links & Tools

Our Site may include links or integrations with third-party services. We are not responsible for their content, privacy practices, or operations.

15. Changes to This Privacy Policy

We may update this Privacy Policy at any time. Continued use of the Site constitutes acceptance of changes.

16. Contact

Email: ponchears@gmail.com
Mail:
PO BOX 110267
Nutley, NJ 07110
United States