Privacy policy

Privacy Policy

Effective date: September 17, 2026
Last updated: September 17, 2026

Nick Kuchar Art & Design Co. (“Nick Kuchar,” “we,” “us” or “our”) operates nickkuchar.com, our retail stores and the related products and services described in this Privacy Policy (collectively, the “Services”).

This Privacy Policy explains how we collect, use, disclose and otherwise process personal information when you visit our website, make a purchase, create an account, join our mailing list or rewards program, visit one of our stores, contact us or otherwise interact with the Services.

1. Personal Information We Collect

The personal information we collect depends on how you interact with us and may include:

Contact information

Your name, email address, telephone number, billing address and shipping address.

Order and transaction information

Products purchased, order history, payment status, discounts, returns, exchanges, shipping details and related transaction records.

Payment information is generally collected and processed directly by Shopify, payment processors and other payment providers. We do not ordinarily receive or store complete payment-card numbers.

Account and rewards information

Communications

Information you provide when contacting us, requesting customer service, submitting a form, responding to a survey, entering a promotion, communicating through social media or otherwise corresponding with us.

Marketing information

Your email and SMS subscription status, communication preferences and information about how you interact with our marketing messages.

Device and website-usage information

IP address, browser type, device type, operating system, device identifiers, cookie identifiers, pages viewed, products viewed, search activity, referring website, cart activity, approximate location and information about your interaction with our website and advertisements.

In-store information

Information you provide when making a purchase, joining our mailing list, requesting assistance, participating in an event or otherwise interacting with us at one of our physical locations.

Other information you provide

Any additional information you voluntarily provide to us.

We do not intend to collect Social Security numbers, government identification numbers, health information or other highly sensitive personal information through the Services. Please do not provide this type of information unless we specifically request it for a legitimate purpose.

2. Sources of Personal Information

We may collect personal information:

Directly from you, including when you place an order, create an account, join our mailing list, contact us or visit one of our stores
Automatically through cookies, pixels, software development kits and similar technologies
From Shopify and applications connected to our Shopify store
From payment processors, shipping providers and fulfillment partners
From advertising, analytics and social-media providers
From rewards, reviews, customer-service and marketing providers
From publicly available sources and business partners where permitted by law

3. How We Use Personal Information

We may use personal information to:

Provide, operate and maintain the Services
Process payments, purchases, returns and exchanges
Fulfill and ship orders
Create and manage customer accounts
Operate our rewards and loyalty programs
Provide customer service and respond to inquiries
Communicate about orders, accounts and transactions
Send marketing emails or text messages when permitted by law
Personalize website content and product recommendations
Measure website traffic and understand how customers use the Services
Measure, improve and personalize advertising
Detect, investigate and prevent fraud, abuse and security incidents
Protect our customers, employees, business and legal rights
Maintain business, tax and accounting records
Comply with applicable laws and legal obligations
Enforce our terms and policies
Support a merger, financing, acquisition, reorganization, bankruptcy or sale of all or part of our business
Carry out another purpose disclosed to you when the information is collected

4. How We Disclose Personal Information

We may disclose personal information to the following categories of recipients:

Shopify

Our online store is hosted and supported by Shopify. Shopify processes information necessary to provide ecommerce, checkout, payment, hosting, analytics, security and related services.

Payment processors

Payment information and transaction details may be provided to banks, credit-card networks, digital-wallet providers and payment processors to authorize and complete transactions.

Shipping and fulfillment providers

We provide information such as your name, shipping address, email address, telephone number and order details to carriers, fulfillment providers and related vendors as needed to deliver and manage orders.

Marketing and communications providers

We may provide contact information, subscription status and engagement information to email, SMS, direct-mail and customer-communication providers.

Analytics and advertising providers

We may disclose device identifiers, IP addresses, cookie identifiers, website activity, product views and advertising interactions to analytics, advertising and social-media providers. These providers may include Google, Meta and similar platforms.

Technology and business-service providers

We may disclose information to providers that support website hosting, customer accounts, rewards programs, product reviews, customer service, fraud prevention, data storage, information security, accounting, legal services and other business functions.

Legal and governmental recipients

We may disclose information when reasonably necessary to comply with law, respond to a subpoena or legal request, protect legal rights, investigate fraud or protect the safety of customers or others.

Business-transfer recipients

Personal information may be disclosed or transferred in connection with an actual or proposed merger, financing, acquisition, reorganization, bankruptcy or sale of assets.

We require service providers to process personal information only for authorized purposes and to provide appropriate protection where required by applicable law.

5. Sale, Sharing and Targeted Advertising

We do not sell personal information for money.

We may disclose identifiers, device information and internet or website activity to advertising and analytics partners to measure advertising performance and provide personalized advertising. Certain privacy laws may define these disclosures as “selling,” “sharing” or processing for “targeted advertising,” even when no money is exchanged.

Where applicable, you may opt out through our cookie-preference tool, through a supported universal opt-out signal or by contacting us using the information below.

We do not knowingly sell or share the personal information of individuals under 16 years of age.

6. Cookies and Similar Technologies

We use cookies, pixels, tags and similar technologies to operate and improve our website.

Necessary cookies

These cookies support functions such as shopping carts, checkout, account access, fraud prevention, security and website stability. Because they are necessary to provide requested services, they generally cannot be disabled through our cookie-preference tool.

Functional cookies

These cookies remember choices and preferences and provide enhanced website functionality.

Analytics cookies

These cookies help us understand website traffic, customer activity and how visitors interact with the Services.

Advertising cookies

These cookies and similar technologies may be used to measure advertising, limit repeated advertisements, build audiences and personalize advertising on other websites and services.

Where consent is required, we will not activate nonessential cookies until you provide consent. You may manage your choices through the cookie-preference tool available on our website. You may also adjust your browser settings to block or delete cookies, although doing so may affect website functionality.

7. Do Not Track and Global Privacy Control

Some browsers offer a “Do Not Track” setting. Because there is currently no uniform industry standard for responding to Do Not Track signals, our website does not respond to them in a standardized manner.

Where required by applicable law, we recognize supported universal opt-out signals, such as Global Privacy Control, as a request to opt out of the sale or sharing of personal information or targeted advertising for the browser or device sending the signal.

If you use different browsers or devices, you may need to make your privacy selection separately on each browser or device.

8. Email and Text Marketing

We may send marketing emails or text messages when you have requested them or when otherwise permitted by law.

You can unsubscribe from marketing emails by using the unsubscribe link included in each marketing email. You can opt out of marketing text messages by following the instructions in the message, such as replying STOP.

Even after opting out of marketing, we may continue sending nonmarketing communications concerning purchases, accounts, customer-service requests, safety notices and other transactions.

9. Legal Bases for Processing in Europe and the United Kingdom

If European Economic Area, United Kingdom or Swiss data-protection law applies, we rely on one or more of the following legal bases:

Contract: Processing necessary to provide requested products or services, process orders, take payment, arrange delivery and manage returns
Consent: Processing based on permission you provide, such as certain marketing communications and nonessential cookies
Legitimate interests: Processing necessary to operate and improve our business, provide customer service, prevent fraud, maintain security and understand the effectiveness of our Services, when those interests are not overridden by your rights
Legal obligations: Processing necessary to comply with tax, accounting, consumer-protection and other legal requirements
Legal claims: Processing necessary to establish, exercise or defend legal rights

When processing is based on consent, you may withdraw that consent at any time. Withdrawal does not affect processing performed before consent was withdrawn.

10. Your Privacy Choices and Rights

Depending on where you live and subject to applicable exceptions, you may have the right to:

Request information about the personal information we maintain about you
Request access to or a copy of your personal information
Request correction of inaccurate personal information
Request deletion of personal information
Withdraw consent
Object to or restrict certain processing
Request portability of certain personal information
Opt out of the sale or sharing of personal information
Opt out of targeted advertising
Appeal our response to a privacy request where applicable
Lodge a complaint with an applicable privacy or data-protection authority

You may submit a request by emailing aloha@nickkuchar.com or writing to the address in the Contact Us section below.

We may need to verify your identity before completing a request. We will use information provided for verification only for that purpose. Where permitted by law, an authorized agent may submit a request on your behalf, although we may require evidence of the agent’s authority and verification of your identity.

We will not unlawfully discriminate against you for exercising an applicable privacy right.

These rights are not absolute. We may retain or continue processing information where permitted or required for order fulfillment, fraud prevention, legal compliance, recordkeeping, dispute resolution or other lawful purposes.

11. California Privacy Disclosures

California law requires operators of commercial websites that collect personally identifiable information from California residents to describe their information practices.

The categories of information we collect are described in Section 1. The sources of that information are described in Section 2. Our purposes for using information are described in Section 3. The categories of recipients are described in Section 4.

California residents may contact us to request review or correction of personal information they have provided. We will evaluate and respond to requests as required by applicable law.

Third parties, including analytics and advertising providers, may collect personal information about your online activities over time and across different websites when you use our Services. Our practices concerning Do Not Track and universal opt-out signals are explained in Section 7.

Nick Kuchar Art & Design Co. does not currently represent that it is a “business” subject to the California Consumer Privacy Act solely by posting this section. If that law or another comprehensive state privacy law applies to a particular request or processing activity, we will provide and honor the rights required by that law.

12. International Data Transfers

We are based in the United States. Our service providers may process personal information in the United States and other countries that may have data-protection laws different from those where you live.

Where required, we and our providers use legally recognized transfer mechanisms and safeguards, which may include contractual protections approved by the relevant authorities.

13. Data Retention

We retain personal information for as long as reasonably necessary for the purposes described in this Privacy Policy, including providing products and services, maintaining accounts, meeting legal and accounting obligations, resolving disputes, enforcing agreements and preventing fraud.

Retention periods vary depending on the type of information:

Order, payment, tax and transaction records may be retained for the period required by applicable tax, accounting and consumer-protection laws
Customer-account information may be retained while an account remains active and for a reasonable period afterward
Marketing information may be retained until you unsubscribe or withdraw consent, after which limited information may be retained to record and honor your preference
Customer-service communications may be retained as necessary to address inquiries, maintain business records and resolve disputes
Website, security and analytics records may be retained for periods determined by operational, security and analytical needs

We may retain information longer when required by law, subject to a legal hold or necessary to establish, exercise or defend legal claims. When information is no longer needed, we may delete or anonymize it.

14. Security

We use reasonable administrative, technical and physical safeguards designed to protect personal information.

However, no website, electronic transmission or storage system can be guaranteed to be completely secure. You are responsible for protecting your account credentials and should contact us if you believe your account or information has been compromised.

15. Children’s Privacy

The Services are intended for a general audience and are not directed to children under 13 years of age. We do not knowingly collect personal information online from children under 13.

If you believe a child under 13 has provided personal information to us, please contact us so that we can review and, where appropriate, delete it.

16. Third-Party Websites and Services

Our Services may contain links to websites, applications or services operated by other companies. We are not responsible for the privacy, security or content of those third-party services. We encourage you to review their privacy policies before providing personal information.

17. Changes to This Privacy Policy

We may update this Privacy Policy to reflect changes in our practices, technology, legal requirements or Services.

When we make changes, we will post the updated policy on this page and revise the “Last updated” date. If required by law, we will provide additional notice or obtain consent before a material change takes effect.

18. Contact Us

Nick Kuchar Art & Design Co. is responsible for the personal information addressed by this Privacy Policy.

Questions, complaints and privacy requests may be directed to:

Privacy Compliance Officer
Nick Kuchar Art & Design Co.
P.O. Box 2676
‘Ewa Beach, HI 96706
United States

Residents of the European Economic Area, United Kingdom or Switzerland may also have the right to lodge a complaint with the data-protection authority where they live or work.

Canadian residents may contact our Privacy Compliance Officer with questions or complaints concerning our handling of personal information. Subject to applicable law, Canadian residents may request access to or correction of their information and may withdraw consent to processing based on consent.