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Privacy Policy

Last updated: September 1, 2023

This Privacy Policy describes the privacy practices of LuxuryBackyardLiving.com, LLC (“Company”, “we”, “us” or “our”) including our policies and procedures on the collection, use and disclosure of Personal Data you provide to us on our website (https://luxurybackyardliving.com) and all other websites, mobile sites, applications, platforms and tools where this Privacy Policy appears or is linked, and through the use of our services, (collectively the “Services”).  It also describes the choices available to you regarding our use of your Personal Data and how you can access and update your Personal Data.

We collect, use and are responsible for certain Personal Data about you. When we do so we are subject to various laws in the United States and Canada, and we are responsible as “controller” of that Personal Data for the purposes of those laws.

By providing Personal Data to us (by any means, whether in correspondence, via our Services, or otherwise), using our Services, or continuing to use our Services, you acknowledge that you have read, understood, and consent to be bound by this Privacy Policy.

If you do not agree with this PRIVACY Policy or our practices, you may not use our SERVICES. This PRIVACY Policy may change from time to time and your continued use of our SERVICES constitutes your acceptance of those changes. We encourage you to review this PRIVACY Policy periodically.

Collecting and Using Your Personal Data

TYPES OF DATA COLLECTED

Personal Data

While using our Services, we may ask you to provide us with certain personally identifiable information that identifies, relates to, describes, is reasonably capably of being associated with, or can be reasonably linked, directly or indirectly with a particular consumer (“Personal Data”). We may collect and use the following Personal Data:

  • Identifiers such as your email address, first name and last name, phone number, address, state, province, ZIP/postal code, city
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, bank account number, credit card number, debit card number, or any other financial information.
  • Characteristics of protected classifications under federal law (e.g. veteran or military status)
  • Sensory data (e.g. photos that are shared with us and directly related to the purchase of our products, which we use for warranty claims).
  • Commercial information (e.g., records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).
  • Internet or other electronic network activity information including Usage Data as further described below.

 

Usage Data

Usage Data refers to data collected automatically, either generated by the use of the Services or from the Service infrastructure itself (for example, the duration of a page visit).

Usage Data may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.

Tracking Technologies And Cookies

We use Cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The technologies we use may include:

  • Cookies or Browser Cookies. A cookie is a small text files stored by the Internet browser on your device hard drive. You can instruct your browser to refuse all cookies or to indicate when a cookies is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service. Essential cookies cannot be rejected, as they are strictly necessary to provide you with our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our Service may use cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies
    Type: Session Cookies
    Administered by: Us
    Purpose: These cookies are essential to provide you with our Services and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those Services.
  • Cookies Policy / Notice Acceptance Cookies
    Type: Persistent Cookies
    Administered by: Us and third parties
    Purpose: These cookies identify if users have accepted the use of cookies for the Services.
  • Functionality Cookies
    Type: Persistent Cookies
    Administered by: Us
    Purpose: These cookies allow us to remember choices you make when you use the Services, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Services.
  • Performance and Analytics Cookies
    Type: A mix of Persistent and Session Cookies are used
    Administered by: Us
    Purpose:  These cookies and technologies are used to analyze how the Services are accessed, used, or performing in order to improve your user experience and to maintain, operate and continually improve the Services. For example, we use Google Analytics on the Services to collect: page url/page title and user browser/system information, which includes browser type, referrer, language, java/flash support, IP address, and ad-serving data. For information on how Google Analytics collects and processes data, visit www.google.com/policies/privacy/partners/. To opt-out of Google Analytics, visit Google’s “How you can control the information collected by Google on these sites and apps” article available here.
  • Targeting Cookies
    Type: A mix of Persistent and Session Cookies are used
    Administered by: Us
    Purpose: These cookies are used to make advertising messages more relevant to you. They prevent the same ad from continuously reappearing, ensure that ads are properly displayed for advertisers, and in some cases select advertisements that are based on your interests. If you would like to learn more about the third party advertisers that may be aware of the fact that you visit the Services, and to understand your choices about having such advertisers’ cookies turned off, please visit http://www.aboutads.info/choices/, http://www.youronlinechoices.com/, or http://www.networkadvertising.org/.
  • Unclassified
    These are cookies that have not yet been categorized. We are in the process of classifying these cookies with the help of their providers. These are a mix of first-party and third-party cookies.

DO NOT TRACK

Company does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your device allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

USE OF YOUR PERSONAL DATA

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service.
  • To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide you with news, special offers and general information about other goods, services and events that we (and those of selected third parties) offer to existing and former customers, third parties who have previously expressed an interest in our products or services, and third parties with whom we have had no previous dealings, unless you have opted not to receive such information.
  • To manage your requests: To attend and manage your requests to us.
  • For business transfers: We may use your Personal Data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Service users is among the assets transferred.
  • For other purposes: We may use your Personal Data for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, evaluating and improving our Service, products, services, marketing and your experience, preventing and detecting fraud, ensuring business policies are adhered to (e.g. our Terms of Use and other policies covering security and internet use), operational reasons (such as improving efficiency, training and quality control), and updating and enhancing customer records, .

We may also anonymize, aggregate or de-identify Personal Data so the end product does not identify you or any other individual. For example, we may use this information to generate norms by industry, geography, level, etc., enable us to understand where our Services are being utilized, conduct ongoing validation studies, compile reports, and improve the Services. Such aggregated, anonymized or de-identified information is not considered Personal Data for purposes of this Privacy Policy and we may use it for any purpose.

PROMOTIONAL COMMUNICATIONS

We may use your Personal Data to send you updates (by email, text message, telephone or post) about our products and Services, including exclusive offers, promotions or new products or services.

We have a legitimate interest in processing your Personal Data for promotional purposes (see above “Use of your Personal Data”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

You have the right to opt out of receiving promotional communications at any time by:

  • Contacting us by using one of the methods listed in the “Contact Us” Section below; or
  • Using the “unsubscribe” link in emails or “STOP” number in texts.

 

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or Services in the future, or if there are changes in the law, regulation, or the structure of our business.

HOW YOUR PERSONAL INFORMATION IS COLLECTED

We collect most of this Personal Data directly from you—in person, by telephone, text or email and via our Services. However, we may also collect information from cookies on our Services and from other IT systems, including automated monitoring of our Services and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems.

SHARING OF YOUR PERSONAL DATA

We may share your Personal Data in the following situations:

  • With Service Providers: We may share your Personal Data with Service Providers we use to help us deliver our Services to you and run our business, including to monitor and analyze the use of our Service.
  • With Social Media Website: We may share your Personal Data with social media websites if you choose to link your social media account to our website.
  • For business transfers: We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share your Personal Data with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • With business partners: We may share your Personal Data with our business partners to offer you certain products, services or promotions.
  • With other users: When you share Personal Data or otherwise interact in the public areas with other users, such Personal Data may be viewed by all users and may be publicly distributed outside.
  • With your consent: We may disclose your Personal Data for any other purpose with your consent.

A Service Provider is any natural or legal person who processes Personal Data on behalf of the Company in order to facilitate the Service, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.

Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

The Company may disclose your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation;
  • Protect and defend the rights or property of the Company;
  • Prevent or investigate possible wrongdoing in connection with the Service;
  • Protect the personal safety of users of the Service or the public; or
  • Protect against legal liability.

RETENTION OF YOUR PERSONAL DATA

The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Different retention periods apply for different types of Personal Data. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of the Personal Data, the purposes for which we process your Personal Data, and whether we can achieve those purposes through other means, and the applicable legal requirements.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or we are legally obligated to retain this data for longer time periods.

A NOTE TO USERS OUTSIDE THE UNITED STATES AND TRANSFERS OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. Our Company is headquartered in the United States and utilizes service providers in the United States. The Services is not intended for visitors outside the United States. If you are a non-U.S. user of the Services, by visiting our Services or providing us with data, you acknowledge and agree that your Personal Data, for the purposes identified in this Privacy Policy, may be transferred to, maintained on, and accessed by computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction that may not provide equivalent levels of data protection as your home jurisdiction. In particular, you are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Where the laws of your country allow you to do so, by using the Services or by providing your data, you consent and authorize Company to transfer, store, and use all such Personal Data in the United States (and any other country where we operate) which may not offer an equivalent level of protection to that required in the country where you reside and to the processing of that Personal Data by us on our servers located in the United States, as described in this Privacy Policy. If you do not want your Personal Data transferred to the United States and any other country where we operate, please do not submit any information to us or use the Services.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data.

DELETE YOUR PERSONAL DATA

You have the right to delete or request that we assist in deleting the Personal Data that we have collected about you.

Our Service may give you the ability to delete certain information about you from within the Service.

You may update, amend, or delete your information at any time by signing in to your account, if you have one, and visiting the account settings section that allows you to manage your Personal Data. You may also contact us to request access to, correct, or delete any Personal Data that you have provided to us.

Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so.

Security of your Personal Data

We take reasonable and appropriate physical, technical, and administrative precautions to protect your Personal Data from unauthorized use, access, loss, misuse, alteration, or destruction. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. As such, you agree any such disclosure of information is at your own risk.

Children’s Privacy

Our Services are not directed to children, and you may not use our Services if you are under the age of 18. If you are under 18, do not use or access our Services or provide any information about yourself including, without limitation, your name, address, email address or any screen name or user name you may use.

We do not knowingly collect  Personal Data from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers and cancel the corresponding accounts.

If you believe we may have any information from or about a child under the age of 13, please see our “Contact Us” section below. Please visit the FTC’s website at www.ftc.gov for tips on protecting children’s privacy online.

Links to Other Websites

Our Service may contain links to other websites that are not operated by us. If, in your interactions with our Services, you are linked or directed to, or click on, a third party website, we cannot control what information you may provide to that party or on that website, and we are not responsible for how that party may use or disclose any information you may provide to them. This is not as an endorsement by us of any third party website, content that may be offered on such third party website, or of any products or services provided by such third party. If you click on a third party link, you will be directed to that third party’s site. We do not control, nor are we responsible for, such third party website, product or service offerings.  We strongly advise you to review the Privacy Policy of every site you visit and to exercise caution before providing them with your Personal Data.

We have no control over and assume no responsibility for such third party website or the content, product or service offerings, privacy policies or practices of any third party sites or services.

You should contact the site administrator for such third party website if you have any complaints, claims, concerns or questions regarding such third party website or its privacy practices.

Changes to this Privacy Policy

This Privacy Policy was published on the date “Last Updated” above.

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact us:

  • By phone number: 866-364-1094

 

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