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Privacy Policy

Last Updated 01/01/24

Privacy Policy

This Privacy Policy describes how backyardbreaks.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

COLLECTING PERSONAL INFORMATION

When you visit the Site, we collect certain information about your device, your interaction with the Site, and the information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information.” See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: the version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you and perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
  • Disclosure for a business purpose: shared with our processor Shopify.

    Order information

    • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
    • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
    • Source of collection: collected from you.
    • Disclosure for a business purpose: shared with our processor Shopify.

      Customer support information

      Examples of Personal Information collected: Name, address, phone, email.
      Purpose of collection: to provide customer support.
      Source of collection: collected from you.

           

          MINORS

          The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

           

          SHARING PERSONAL INFORMATION

          As described above, we share your Personal Information with service providers to help us provide our services and fulfill our contracts with you. For example:

          • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
          • We may share your Personal Information to comply with applicable laws and regulations, respond to a subpoena, search warrant, or other lawful requests for information we receive, or otherwise protect our rights.

             

            BEHAVIOURAL ADVERTISING

            As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

            • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics https://tools.google.com/dlpage/gaoptout.
            • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases, through the use of cookies or other similar technologies (which you may consent to, depending on your location).

              For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

              You can opt-out of targeted advertising by:

                Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

                USING PERSONAL INFORMATION

                We use your Personal Information to provide our services to you, including offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

                Lawful basis

                Under the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

                • Your consent;
                • The performance of the contract between you and the Site;
                • Compliance with our legal obligations;
                • To protect your vital interests;
                • To perform a task carried out in the public interest;
                • For our legitimate interests, which do not override your fundamental rights and freedoms.

                   

                  RETENTION

                  When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

                   

                  AUTOMATIC DECISION-MAKING

                  If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling) when that decision-making has a legal effect on you or otherwise significantly affects you.

                  We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

                  Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

                  Services that include elements of automated decision-making include:

                  • Temporary deny list of IP addresses associated with repeated failed transactions. This deny list persists for a small number of hours.
                  • Temporary deny list of credit cards associated with deny listed IP addresses. This deny list persists for a small number of days.

                     

                      YOUR RIGHTS

                      GDPR

                      If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

                      Your Personal Information will be initially processed in Ireland and then transferred outside of Europe for storage and further processing, including Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

                      CCPA

                      If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

                      If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

                      COOKIES

                      A cookie is a small amount of information downloaded to your computer or device when you visit our Site. We use several different cookies, including functional, performance, advertising, social media, or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, whether it’s their first time visiting or if they are a frequent visitor.

                      We use the following cookies to optimize your experience on our Site and to provide our services.

                      COOKIES NECESSARY FOR THE FUNCTIONING OF THE STORE

                      The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing, and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

                      You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience, and parts of our website may no longer be fully accessible.

                      Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage, or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

                      Additionally, please note that blocking cookies may not completely prevent sharing information with third parties, such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

                      DO NOT TRACK

                      Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when detecting such a signal from your browser.

                      CHANGES

                      We may update this Privacy Policy from time to time to reflect, for example, changes to our practices or other operational, legal, or regulatory reasons.

                      CONTACT

                      For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at: help@backyardbreaks.com

                      By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 20 a month. You acknowledge that consent is not a condition for any purchase.
                      If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
                      For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.