Privacy Policy
This Privacy Policy describes how Andrew P. Delgado, operating under the brand name SarcastiSwag™ ("SarcastiSwag," "we," "us," or "our"), collects, uses, stores, and shares personal information when you use SarcastiSwag.com and its public subdomains (collectively, the "Website").
Personal Information We Collect
We collect information you choose to provide to us. At this time, our primary public form is the SarcastiSwag - Keep Me Notified form. Depending on how you interact with the Website, information you provide may include:
- First name.
- Email address.
- Your optional choice to receive SarcastiSwag marketing emails.
- Information you later choose to provide through our contact page, email, or other communications.
We do not currently ask for a phone number through the Keep Me Notified form.
Source and Technical Information
Our forms may also collect or retain technical and source information associated with a submission, including the date and time of the submission, IP address, and UTM parameters such as source, medium, campaign, term, and content. We use this information to understand where signups came from, maintain consent records, protect our systems, and improve our marketing and Website.
How We Use Personal Information
We may use the information we collect to:
- Send the information, confirmation, or response you requested.
- Confirm your marketing preferences and maintain records of consent.
- Send SarcastiSwag news, product-drop announcements, special offers, and related marketing when you have given permission.
- Respond to questions or support requests.
- Operate, maintain, secure, and improve the Website and our workflows.
- Understand which campaigns or links led visitors to our forms.
- Comply with legal obligations and protect our rights.
Email Marketing and Consent
Marketing consent is optional. Where a form offers a marketing checkbox, it is not intended to be pre-selected. If you choose to receive marketing, we use a confirmation link sent by email to confirm that choice before treating your marketing subscription as confirmed.
You may unsubscribe from marketing emails at any time by using the unsubscribe link included in our emails. Unsubscribing places the contact into a do-not-contact or similar suppression status. It is not the same as deleting your personal information from our systems.
How We Store and Process Information
We currently use the following third-party services to operate SarcastiSwag:
- BizStackPro / GoHighLevel for website hosting, forms, CRM records, email communications, and automation workflows.
- Google Workspace / Gmail for business email and related communications.
- Namecheap for domain registration and DNS services.
Our service providers may process information in the United States or other locations where they or their subprocessors operate. Please review the privacy practices of those providers for additional information about their systems and data locations.
Cookies, Analytics, and Advertising Technology
We do not currently use Google Analytics, Google Tag Manager, Meta Pixel, TikTok Pixel, Google Ads conversion tracking, or similar non-essential analytics or advertising tags on the Website.
The Website platform or other infrastructure providers may use cookies, local storage, log files, or similar technologies that are necessary to deliver, secure, or operate the Website. If we later add non-essential analytics or advertising technologies, we will update this Privacy Policy and implement additional consent controls when appropriate.
How We Share Personal Information
We do not sell or rent your contact information. We may share limited personal information with service providers that help us host the Website, maintain CRM records, send emails, operate automations, maintain security, or perform other functions described in this Policy.
We may also disclose information when reasonably necessary to comply with applicable law, a subpoena, court order, or other lawful request; investigate fraud, abuse, or security incidents; protect our rights, property, or safety; or support a business transfer, sale, merger, or reorganization.
Data Retention and Deletion
We generally retain contact records in BizStackPro / GoHighLevel unless deletion is requested or we determine that the information is no longer needed. If you unsubscribe, we may retain enough information to honor and document your do-not-contact preference.
You may request deletion of personal information we hold about you, subject to applicable legal, security, fraud-prevention, or recordkeeping requirements. When a valid deletion request applies, we can remove your contact information from our CRM and related systems as appropriate.
No Processing of Children’s Data
The Website is intended for adults. You must be at least 18 years old to use the Website. We do not intentionally collect personal information from anyone under 18. If we learn that we have received such information, we will take reasonable steps to delete it.
Your Data Protection Rights
Depending on where you live, you may have rights concerning your personal information. These may include rights to request access, correction, deletion, restriction of processing, objection to certain processing, or portability of your personal information.
If you are a resident of the European Economic Area, United Kingdom, or another jurisdiction granting similar rights, you may exercise the rights available to you by contacting us. We may need to verify your identity before completing a request.
If you have a complaint about our handling of personal information, please contact us first so we can try to resolve the issue. Depending on your jurisdiction, you may also have the right to contact the data-protection or consumer-protection authority that serves your location.
Third-Party Websites
This Privacy Policy applies to SarcastiSwag's Website. If you follow a link to another website, social network, platform, manufacturer, payment provider, or other third party, that third party's privacy policy and terms govern its collection and use of information.
Changes to This Privacy Policy
We may update this Privacy Policy as our Website, tools, products, services, or legal obligations change. The current version will be posted on this page and the Last Updated date will be revised when changes are made.
Terms & Conditions of Use
Introduction
These Terms and Conditions of Use ("Terms") are entered into by and between you and Andrew P. Delgado, operating under the brand name SarcastiSwag™ ("Company," "we," "us," or "our").
These Terms, together with our Privacy Policy, the disclosures and disclaimers on this page, and any other documents expressly incorporated by reference, govern your use of SarcastiSwag.com and its public subdomains, including all content, materials, resources, information, and services made available through them (collectively, the "Website").
By accessing or using the Website, you agree to be bound by these Terms without modification and acknowledge that you have read them. If you do not agree with these Terms, do not access or use the Website.
No Use by Minors
To access or use the Website, you must be 18 years of age or older and have the legal capacity and authority to enter into these Terms.
Lawful Purposes
You may use the Website only for lawful purposes. You agree not to use the Website in a way that violates any law, regulation, or third-party right; is threatening, abusive, defamatory, obscene, fraudulent, or otherwise unlawful; interferes with the Website's performance, security, or availability; attempts to gain unauthorized access to our systems or accounts; introduces malicious code or spam; or otherwise harms the Company, its visitors, or its service providers.
Material You Submit to the Website
If you submit feedback, suggestions, photos, artwork, comments, messages, or other material to us through the Website, email, or another communication channel (collectively, "Submissions"), you represent that you have the right to submit that material and that your Submission does not violate applicable law or another person's rights.
Unless we agree otherwise in writing, you retain ownership of your Submission but grant us a non-exclusive, worldwide license to use it for operating, improving, promoting, and developing SarcastiSwag, including the right to reproduce, display, edit, format, and share the Submission in connection with those purposes. We are not obligated to use any Submission.
Our Intellectual Property
The Website contains intellectual property owned by Andrew P. Delgado or used with permission, including text, graphics, photographs, video, product concepts, artwork, designs, code, logos, slogans, brand names, and other content (collectively, "Content"). SarcastiSwag™, Captain Sarcasm™, Sarcasm you can wear.™, related logos, and other source-identifying branding may be protected by trademark and other applicable laws.
You are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website for your own lawful personal use. You may not copy, reproduce, republish, distribute, sell, license, create derivative works from, train an AI system on, or otherwise exploit our Content without prior written permission, except where applicable law expressly permits such use.
Third-party names, logos, products, and trademarks appearing on the Website remain the property of their respective owners.
Artificial Intelligence
We may use software or platforms that employ machine learning, large language models, natural language processing, or other generative artificial-intelligence technology to help create, analyze, refine, or develop certain Website or marketing content. This may include website copy, product concepts, graphics or visual aids, marketing materials, email content, and social-media content.
We review AI-assisted content before publication when reasonably practicable. AI-assisted content remains subject to these Terms and our intellectual-property rules to the fullest extent permitted by applicable law.
Pre-Launch and Product Information
SarcastiSwag is currently in a pre-launch or development phase. Product concepts, mockups, designs, descriptions, launch dates, availability, pricing, features, manufacturing details, and shipping estimates shown on the Website may change before a product becomes available for purchase.
Nothing on a pre-launch page guarantees that a particular product, design, price, size, color, feature, or launch date will become available. When purchasing becomes available, purchases may be governed by separate Terms of Purchase, shipping, return, refund, and other policies presented at or before checkout.
Changed Terms
We may amend these Terms, our Privacy Policy, and our disclosures from time to time. Changes are effective when the revised terms are posted on the Website unless a different effective date is stated. Your continued use of the Website after changes are posted constitutes acceptance of the revised terms.
No Warranties
While we make reasonable efforts to maintain accurate and useful Website content, we do not promise that the Website or its Content will always be accurate, complete, current, uninterrupted, or suitable for any particular purpose.
To the maximum extent permitted by law, the Website and related information and services are provided on an "as is" and "as available" basis without warranties, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.
Limitation of Liability
To the fullest extent permitted by law, under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages arising out of or relating to your use of, or inability to use, the Website, its Content, or third-party resources linked from the Website.
In jurisdictions that do not allow certain exclusions or limitations of liability, our liability is limited to the fullest extent permitted by law. In no event shall our total liability to you exceed the total purchase price of products or services, if any, that you purchased directly from us and that gave rise to the claim.
No Guarantee of Availability
Your use of the Website may sometimes be subject to interruption, delay, maintenance, technical problems, or changes. We may withdraw, restrict, update, or discontinue any part of the Website at our discretion. We do not guarantee that the Website will be available at all times or free from errors or defects.
Malicious Code
Although we take reasonable steps to reduce the risk of viruses or other malicious code, we do not guarantee that the Website or any data available through it is free from malicious code. You are responsible for using appropriate security practices when accessing the Website or downloading material.
Security
No website, network, email system, or internet transmission can be guaranteed to be completely secure. Information transmitted to or from you is transmitted at your own risk, and you are responsible for taking reasonable precautions to protect your devices, accounts, credentials, and data.
Third-Party Resources
The Website may contain links to websites, social networks, manufacturers, print-on-demand providers, software, services, or other resources that we do not own or control. We do not guarantee and are not responsible for the availability, accuracy, security, privacy practices, terms, pricing, performance, or content of third-party resources. A link or reference does not by itself imply endorsement, sponsorship, or affiliation.
Indemnification
You agree to indemnify and hold us harmless from and against losses, damages, liabilities, costs, expenses, and third-party claims, including reasonable attorney's fees, arising out of your breach of these Terms, unlawful use of the Website, violation of another person's rights, or misuse of our Content. You agree to provide reasonable cooperation in connection with the defense of such a claim and not to settle a claim in a manner affecting us without our prior written consent.
Effect of Headings; Severability
Section headings are provided for convenience and do not affect interpretation. If any portion of these Terms is found unenforceable or contrary to law, that portion will be construed to accomplish its purpose to the fullest extent permitted by law, and the remaining provisions will remain in effect.
Entire Agreement; Waiver
These Terms, together with the Privacy Policy and disclosures incorporated into them, constitute the entire agreement between you and us concerning use of the Website and supersede prior or contemporaneous understandings concerning that use. A waiver of one breach or right will not constitute a waiver of another breach or right. No waiver by us is binding unless made in writing.
Governing Law; Jurisdiction
These Terms, together with the Privacy Policy and disclosures, are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any proceeding relating to the Website or these Terms must be filed in an appropriate court located in Nacogdoches County, Texas, except where applicable law requires otherwise.
Alternative Dispute Resolution
Before filing litigation or pursuing another available legal remedy, you and we agree to make a good-faith attempt to resolve disputes arising out of or relating to these Terms through mediation, unless applicable law prevents enforcement of this requirement.
All Rights Reserved
All rights not expressly granted in these Terms are reserved.
