Privacy Statement

Last Revised: June 26, 2018

Birdwell California!, LLC DBA Birdwell Beach Britches (“Birdwell Beach Britches,” “we,” or “us”) respects your privacy. This Privacy Statement describes the types of information we may collect from you when you visit www.birdwell.com and all BIRDWELL BEACH BRITCHES-owned websites and domains, or use our other products and services that include an authorized link to this Privacy Statement (collectively, the “Website and Services”), how we use the information we collect, with whom we share it, and the choices we offer you regarding our collection and use of such information. If we add any new features or tools to our Website and Services, they will also be subject to this policy.

1. SHOPIFY

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

As described in the Shopify’s Privacy Statement, Shopify uses a number of machine learning algorithms and forms of automated decision-making that may involve Personal Information (defined below) about you. For example, Shopify uses automated decision-making to help us avoid fraudulent transactions. Most of these algorithms are not fully automated and include some human intervention (for example, customer risk and fraud scores are provided to us, and we must intentionally decide how to act on them). However, Shopify uses a small subset of fully automated fraud screening blacklists, which, if Shopify believes a transaction was made using stolen or fraudulent payment information, may stop one of our customers from completing a transaction—but only for a period of between a few hours and a few days.

For more insight on how Shopify handles Personal Information on behalf of us and other merchants, you should read Shopify’s Terms of Service or Privacy Statement.

2. INFORMATION WE COLLECT

When we use the term “Personal Information” in this policy, it means any information related to an identifiable individual. We may collect Personal Information about you from various sources, such as:

  • Directly from you when you access and use the Website and Services, such as when you register for an account, access certain features or content, or order or pay for products;
  • Social networks through which you may access the Website and Services or otherwise interact with us; and
  • Our related entities, affiliates, service providers, business partners, and other third parties.

The Personal Information we may collect about you may include, without limitation:

  • Contact information, such as name, company name, shipping and billing address, email address, and phone number;
  • Login information, such as username, password, and security questions and answers; and
  • Payment and financial information, such as cardholder name, billing address, payment card number, expiration date, and authentication code.

Instead of creating a separate log-in on our Website and Services to use to purchase products, manage your information and preferences, etc., we may enable you to log into the Website and Services using a social media account. Please refer to the privacy settings of the applicable social media platform or application to determine how you may manage the interactivity between BIRDWELL BEACH BRITCHES and your social media account.

If you choose to log in with a social media account, you will be asked whether you agree that the social media provider may provide certain information to BIRDWELL BEACH BRITCHES, such as your friends or contacts lists, photographs, status and updates.

Social media networks operate independently from BIRDWELL BEACH BRITCHES, and we are not responsible for social media networks’ interfaces or privacy or security practices. All of this social media profile information is made available to BIRDWELL BEACH BRITCHES by the social media provider due to the way the social sign-on configuration works. However, we do not use any information except that which is necessary to allow us to authenticate you for secure shopping on our Website and Services. If you do not want your information to be shared with BIRDWELL BEACH BRITCHES by the social media provider, then you can simply sign in to your BIRDWELL BEACH BRITCHES account using account credentials created on the Website and Services, instead of your social media account credentials.

In addition, if you access and use the Website and Services on a mobile device and your mobile device’s settings allow it, we may collect information about your real-time location. Please see the “Your Choices” section below for information regarding how to limit the location information that we may collect when you access and use the Website and Services on a mobile device.

When you use the Website and Services, we may also collect certain information by automated means, such as cookies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Certain features of the Website and Services may use local shared objects (or Flash cookies) to collect and store information about your preferences and how you interact with the Website and Services. We may also use third-party analytics tools (such as Google Analytics and Hotjar) that collect information about use of the Website and Services and user traffic. The information we may collect by automated means may include, without limitation:

  • Information about the devices you use to access the Website and Services (such as the IP address and the type of the device, operating system, network connection, and web browser);
  • Dates, times, and duration of use of the Website and Services (including whether you are a repeat or first time visitor); and
  • Information on actions taken when using the Website and Services (such as page views and website navigation patterns).

The information we collect helps us to improve and personalize our Website and Services, including by enabling us to identify and authenticate users, and to help answer any questions you may have.

3. THIRD-PARTY SERVICES; USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

Some content or applications available through the Website and Services, including advertisements, may be served by third parties. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website and Services, such as your IP address, pages you visit, and when you view a page or open an email in which a tag is embedded. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content and for other purposes. We do not control these third parties’ tracking technologies or how they may be used. The information practices of these third parties are governed by their own privacy policies and are not covered by this Privacy Statement. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

From time to time, we provide a limited set of information to service providers who help us develop and aggregate information on our customers’ demographics, which is then used to display advertisements to other individuals likely to have similar interests. We and our service providers take steps to minimize the use of any Personal Information (if Personal Information is needed at all), including, where possible, transferring a hashed set of data that can only be used to correlate to other data that the service provider already has.

For our third-party providers, which we list here, we recommend that you read their privacy policies so you can understand the manner in which Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Statement or our website’s Terms of Service. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

4. HOW WE USE THE INFORMATION WE COLLECT

We may use information we obtain about you to:

  • Process orders you place and complete other transactions you have requested using the Website and Services, and provide you with products and services you request;
  • Send you information or materials you request;
  • Maintain a record of your purchases and other transactions;
  • Respond to your questions and comments and provide customer support;
  • Communicate with you about our products, offers, and promotions and third party products and services that may be of interest to you;
  • Operate, evaluate, and improve our business and the products we offer;
  • Analyze and enhance our marketing communications and strategies, including by identifying when emails sent to you have been received and read;
  • Analyze trends and statistics regarding use of the products and transactions conducted using the website;
  • Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users; and
  • Comply with applicable legal requirements and industry standards.

We may combine the information we collect with publicly available information and information we receive from our parent, affiliate, or subsidiary companies, business partners, and other third parties. We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and for other purposes described in this Privacy Statement.

We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

If the European Union General Data Protection Regulation (“GDPR”) applies, our legal basis for collecting and using the information described in this Privacy Statement will depend on the information concerned and the context in which we collect it. We collect Personal Information from you:

  • where we need it to perform a contract with you (e.g., to fulfill an order);
  • where the processing is in our legitimate interests (which include the purposes listed, above); or
  • if we otherwise have your consent.

5. DISCLOSURE OF INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction. We may disclose Personal Information about you:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. For a list of third-party service providers, please click here;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BIRDWELL BEACH BRITCHES, users of the Website and Services, or others
  • To third parties to market their products or services to you if you have consented to/not opted out of these disclosures; and
  • With your consent.

We also reserve the right to transfer your Personal Information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your Personal Information in a manner that is consistent with our Privacy Statement.

6. DATA SECURITY

We have implemented measures intended to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of Personal Information is at your own risk.

7. YOUR CHOICES

We offer you the following choices about the information we collect from you and how we communicate with you:

Cookies

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove Flash cookies. To learn how you can manage your Flash cookie settings, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. Please note, however, that without cookies you may not be able to take full advantage of all of the features of the Website and Services.

Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not. Additional information regarding these cookies (including expiration date) may be available through your browser.

Type of Cookies Description

Required cookies enable you to navigate our Website and Services and use certain features, such as accessing secure areas of our Website and Services and using other features of our service that require us to keep track of certain information as you navigate from page to page. If you disable these cookies, our Website and Services will not function properly.

Examples of required cookies include:

  • popup
  • session-set
  • banner_seen

Functional cookies are cookies that support features of the Website and Services, such as ecommerce features necessary to allow you to purchase products. Although some of these cookies are “required” to enable certain functionality, you can disable them in the browser, but doing so will limit your ability to use the features supported by such cookies.

Examples of functional cookies include:

  • Shopify cookies – shopping features (_shopify_y, _y, _s, _shopify_s, _shopify_fs, _shopify_sa_p, shopify_sa_t)
  • Amazon Pay cookies – payment features (amazon-pay-abtesting-new-widgets)
  • Zendesk cookies – live chat and customer support features (_zlcmid)

These cookies collect information about how you use our Website and Services, including which pages you go to most often and if they receive error messages from certain pages. These cookies are only used to improve how our Website and Services function and perform.

Examples of performance cookies include:

  • Google Analytics cookies (_ga, _gid, _gat)
  • Hot Jar cookies (_hjIncludedInSample)

From time-to-time, we may engage third parties that track individuals who visit our Website and Services. For example, we and third-party service providers and advertisers sometimes use cookies delivered by third parties to track the performance of our advertisements.

Examples of tracking and advertising cookies include:

  • ShareThis cookies (_sharethis_cookie_test, __unam)
  • Privy cookies (_privy_[ID number], _privy_match_session, _privy_a, _privy_b)
  • Klaviyo cookies (__kla_id)
PROMOTIONAL COMMUNICATIONS

If you do not want us to use your email address/contact information to promote our own or third parties’ products or services, you can opt out by logging into your account and adjusting your user preferences in your account profile or by sending us an email stating your request to service@birdwell.com. If you have received a promotional email from us, you can also opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in such email.

WEB ANALYTICS

You may be able to opt out of customized ads by visiting the Google Ads Preferences Manager, and the Google Analytics Opt-out Browser Add-on (available here: http://www.google.com/ads/preferences/plugin/). If you use our website without opting out, this means that you understand and agree to data collection for the purpose of providing you with remarketing ads.

Another third-party provider of analytics services is an online user experience tool called Hotjar, which we use to continually improve your user experience on our site. You can read Hotjar's Privacy Statement to learn about their privacy policies.

LOCATION INFORMATION

If you access our Website and Services using a mobile device, you may adjust the settings on your mobile device to allow or prevent the sharing of location information. For example, you can disable “Location” (or “Location Services” on iOS-based devices) on your mobile device to prevent sharing your location information with us. Please refer to instructions provided by your mobile service provider or the manufacturer of your mobile device to learn how to adjust your mobile device settings. Please note that if you disable the sharing of location information, you may be unable to access some features of our Website and Services that are designed for mobile devices.

THIRD-PARTY TRACKING

Although we do not control third parties’ collection or use of your information to serve interest-based advertising or other targeted content, a number of these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted advertisements from our advertisers opting out according to their instructions. For your convenience, we have linked to instructions from some third parties who advertise on our behalf, but their websites may have additional instructions:

Advertiser Opt-Out Instructions
Network Advertising Initiative www.networkadvertising.org/choices
Facebook newsroom.fb.com/news/2018/
03/privacy-shortcuts/
Google privacy.google.com/take-control.html
Amobee www.amobee.com/trust/consumer-opt-out
ShareThis www.sharethis.com/privacy/

8. RETENTION OF PERSONAL INFORMATION

We will retain your Personal Information for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Statement unless a longer retention period is required by law.

9. YOUR RIGHTS RELATING TO PERSONAL iNFORMATION

You can review and change the Personal Information associated with your account by logging into your account and visiting your account profile page.

If you would like to access, amend, delete, export (i.e., data portability), or object to or restrict the processing of Personal Information collected via our Website and Service, you may submit a request to service@birdwell.com or write to us at:

Birdwell Beach Britches, Attn: Privacy Compliance Officer, 2129 S. Wright St., Santa Ana, CA, 92705, United States.

We will promptly review all such requests in accordance with applicable laws. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at service@birdwell.com so we have an opportunity to address your concerns directly before you do so.

10. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website and Services who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to service@birdwell.com or write us at: Birdwell Beach Britches, Attn: Privacy Compliance Officer, 2129 S. Wright St., Santa Ana, CA, 92705, United States.

11. Children

The Website and Services are not directed to, and BIRDWELL BEACH BRITCHES does not knowingly collect or solicit Personal Information from, children. If we learn we have collected or received Personal Information from a child, we will delete that information. If you believe we might have any information from or about a child, please contact us at: service@birdwell.com.

12. Changes to Our Privacy Policy

BIRDWELL BEACH BRITCHES reserves the right to update or change this Privacy Statement at any time. If we make a material change to our Privacy Statement, we will provide notice to you (by posting on our website) that our privacy practices have changed and will provide a link to the new policy. If we make a material change to how we use your Personal Information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Statement was last revised is at the top of this page. We encourage you to review this Privacy Statement periodically to check for any updates or changes.

13. Data Transfers

Birdwell Beach Britches is based in the State of California in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Website and Services, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.

14. Contact Us

If you have any questions about this Privacy Statement or our information practices, please call us at 844 BIRDWELL, otherwise known as (844) 247-3935, email us at service@birdwell.com, or write to us at Birdwell Beach Britches, 2129 S. Wright St., Santa Ana, CA, 92705, United States.

Appendix: List of Service Providers

We employ service providers to perform tasks on our behalf and to assist us in providing the Website and Services. For more information, please contact us at service@birdwell.com

This Appendix to the Privacy Statement provides examples of our service providers and the purposes for which we engage them: