PRIVACY POLICY
I. PREAMBLE AND SCOPE OF AGREEMENT
This Privacy Policy ("Policy") serves as a legally binding agreement between you ("User," "you," or "your") and Confused Productions, LLC, a Colorado Limited Liability Company located at 1500 N Grant Street, Suite 5091, Denver, Colorado 80203 ("Company," "we," "us," or "our").
This Policy governs the collection, use, maintenance, and disclosure of Personal Information collected from users of our digital ecosystem, which includes, but is not limited to, the following domains and their associated subdomains (collectively, the "Services"):
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confusedidealist.com
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confusedproductions.com
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heliumheadspace.com
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inkandoxygen.com
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theconfusedidealist.com
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theshyphoenix.com
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shyphoenix.com
This Policy further extends to data collected through our e-commerce storefront, The Shy Phoenix, and in connection with our media productions, including the podcasts Helium Headspace and Ink & Oxygen, and the visual production The Confused Idealist.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. If you do not agree to these terms, you must immediately cease use of the Services.
II. INFORMATION COLLECTION AND THE "DATA STACK"
We engage third-party sub-processors ("Data Stack") to facilitate operations, payment processing, and analytics. While we act as the Data Controller, the following categories of Data Processors may handle your information:
A. Information You Provide Directly
We collect information you voluntarily provide when you purchase merchandise, subscribe to newsletters, or contact us. This includes:
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Identity Data: Name, username, or similar identifiers.
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Contact Data: Billing address, delivery address, email address, and telephone numbers.
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Financial Data: We do not store full credit card numbers on our servers. All payment transactions are encrypted and processed through third-party payment gateways, including Shopify Payments, Stripe, PayPal, Apple Pay, Google Pay,and Venmo.
B. Automated Technologies and Interactions
As you interact with our Services, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this data using cookies, server logs, and tracking pixels.
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Analytics & Tracking: We utilize Google Analytics (GA4) and the Meta Pixel to aggregate anonymized data regarding site traffic and user behavior.
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Retargeting: We utilize data derived from tracking pixels to serve relevant advertisements to you on third-party platforms (e.g., retargeting campaigns on Meta/Facebook/Instagram).
C. Marketing Communications
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Email Marketing: We utilize MailChimp to manage our email marketing campaigns. By subscribing to our newsletter, you consent to the transfer of your email address and name to MailChimp for processing in accordance with their Privacy Policy.
III. PURPOSES OF DATA PROCESSING
We process your Personal Information strictly for the following legal bases:
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Contractual Necessity: To process and deliver orders placed through The Shy Phoenix (including management of payments, fees, and charges).
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Legitimate Interests: To analyze user data to improve our content (podcasts/YouTube), products, and customer relationships; and to administer and protect our business and web presence.
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Legal Obligation: To comply with tax liabilities and regulatory requirements.
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Consent: Where you have explicitly opted into marketing communications (newsletters).
IV. SMS AND TEXT MARKETING LIMITATIONS
We explicitly do not collect mobile phone numbers for the purpose of SMS marketing campaigns. Your phone number is collected solely for transactional purposes (shipping updates or order issues). We will not send promotional text messages without obtaining your separate, explicit written consent, which is not currently sought.
V. INTERNATIONAL DATA RIGHTS (GDPR COMPLIANCE)
Although we are a United States entity, we acknowledge our global shipping reach and voluntarily extend General Data Protection Regulation (GDPR) rights to all users, regardless of citizenship.
You possess the following rights regarding your Personal Information:
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The Right to Access: You have the right to request copies of your personal data.
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The Right to Rectification: You have the right to request that we correct any information you believe is inaccurate.
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The Right to Erasure ("Right to be Forgotten"): You have the right to request that we delete your personal data, subject to our data retention policies necessitated by law (see Section VIII).
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The Right to Data Portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, in a structured, commonly used format.
To exercise these rights, please contact us at the address provided in Section XI.
VI. CALIFORNIA PRIVACY RIGHTS (CCPA & CalOPPA)
A. The "Sale" of Personal Data
Under the California Consumer Privacy Act (CCPA), the use of tracking pixels (such as the Meta Pixel) for advertising purposes may be broadly interpreted as a "sale" of data (transferring data for valuable consideration).
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Opt-Out Rights: We provide a link titled "Do Not Sell My Personal Information" in the footer of our website. You may utilize this link to opt out of the sale of your personal information.
B. Do Not Track (DNT) Signals
In compliance with the California Online Privacy Protection Act (CalOPPA), we disclose that our systems do not currently respond to "Do Not Track" signals from web browsers. The functionality of our e-commerce cart and analytics requires persistent tracking to operate effectively.
VII. CHILDREN’S PRIVACY (COPPA)
Our Services are intended for audiences aged 18 and older. We strictly adhere to the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect, solicit, or maintain Personal Information from children under the age of 13.
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Immediate Deletion: If we become aware that we have collected Personal Information from a child under the age of 13 without verification of parental consent, we will take immediate steps to remove that information from our servers.
VIII. DATA RETENTION AND LIFECYCLE
We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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Tax & Legal Records: We retain customer purchase history and transactional data for a period of seven (7) years to ensure compliance with United States Internal Revenue Service (IRS) audits and Colorado state tax regulations.
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General Retention: Beyond the seven-year tax compliance window, data retention is governed by the applicable laws of the State of Colorado and the United States.
IX. SECURITY PROTOCOLS
We have put in place commercially reasonable administrative, technical, and physical security measures to prevent your Personal Information from being accidentally lost, used, or accessed in an unauthorized way.
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Two-Factor Authentication (2FA): We utilize Two-Factor Authentication on all administrative accounts (Shopify, Email, Payment Gateways) to secure the backend of our operations.
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Liability Limitation: While we strive to use commercially acceptable means to protect your Personal Information, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot guarantee its absolute security.
X. SENSITIVE DATA
We do not collect Sensitive Personal Information, defined as data regarding your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not request access to your device's geolocation (GPS), camera, or microphone.
XI. CONTACT INFORMATION
If you have any questions about this Privacy Policy or wish to exercise your legal rights regarding your data, please contact the Data Controller:
Confused Productions, LLC
1500 N Grant Street, Suite 5091
Denver, Colorado 80203
Email: Legal@ConfusedProductions.com
Last Updated: January 26, 2026