Backyard Footwear USA respects your privacy and is committed to taking reasonable steps towards protecting your privacy online and managing your information responsibly, in order to best understand the products and services that are most useful to you. This Privacy Notice is intended to notify you of our online privacy practices, the type of information that may be collected and stored, how the information is used, with whom the information may be shared, what choices are available to you regarding the collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and who to contact with questions or concerns.
This Privacy Notice applies to the website located at us.backyardfootwear.com to any phone, fax, and/or mail operations concerning processing of orders and questions about products or services, as well as our marketing contacts with you. This Privacy Notice does not apply to other websites to which we may link, or to other companies or persons who might be listed as third-party contacts or suppliers on this Website, or to whom we may refer you if you call or write us. We may post links on this Website as a way of helping you locate related information and products easily. However, when linking to another website, you must review that website's privacy notice as other websites may not treat information collected online in the same manner as we do. This Privacy Notice also does not apply to information collected when you purchase our products in department and specialty stores, or on other third-party websites where our products are sold. Unless otherwise specified, personal information collected from these other channels is not provided to Backyard Footwear - USA and Backyard Footwear USA has no control over how they use information that they collect.
By using this Website and/or by contacting us and providing any personal information, you consent to the collection and use of information by us in accordance with this Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on this page.
WHY WE COLLECT INFORMATION:
We collect personal information because it helps us improve and deliver our products and services. In addition, your personal information helps us communicate to you our latest products, special offers, and information and events about which you might like to hear. We also collect your personal information to help us design and deliver our Website, and to deliver targeted marketing to you based on your interests and previous purchases. We also may correlate your personal information obtained from you with information from other sources. For example, if you provide us with your personal information, we may cross-check that against information that might be otherwise available through other entities such as when you, or a business with which you are affiliated, seeks to open a credit account with us, or in order to prevent or detect fraud.
WHAT INFORMATION WE COLLECT:
The following generally describes the type of information we may collect about you. Those who wish to communicate with us but do not wish to provide personally identifiable information online may contact us through e-mail. However, you should note that if you contact us, you may still be submitting personally identifiable information to us, as set forth herein.
When you order products or services from the Website, we will collect the information necessary to complete your order, such as your name, e-mail address, shipping address, payment information (including credit card number and/or PayPal identifier) and billing address and/or shipping address. You may also provide us with other information that you might submit. If you create an account, we will collect information about your purchases and payment methods, as well as the shipping addresses that you add to your address book, in order to make future shopping experiences faster and more convenient.
We do not automatically collect information unless you voluntarily input or submit this information, such as during a registration or ordering process, when you submit questions or comments, request information or participate in online surveys, contests, promotions or other activities. Should you voluntarily provide us with personally identifiable information, you consent to our use of it in accordance with this Privacy Notice.
Even if you do not submit personal information through the Website, we gather navigational information about where visitors go on the Website and information about the technical efficiencies of our Website and services (i.e., time to connect to the Website, time to download pages, etc.). This information allows us to see which areas of our Website are most visited and helps us better understand the user experience. This helps us improve the quality of the Website by recognizing and delivering more of the features, areas, and services our visitors prefer. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (for example, domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data). We may also create and use electronic records to compile statistics about how our visitors collectively interact with our Website.
HOW WE COLLECT INFORMATION:
We collect information in three primary ways:
- You Give Us Information: We collect information from you when you submit it to us through our Website or other digital media.
- We Collect Information Automatically: We automatically collect certain types of information when you visit our Website or use our products and services. For example, we automatically collect various types of technical information when you use our Website as otherwise described in this Privacy Notice.
- We Collect Information from Other Sources: We may obtain information about you from outside sources. For example, we may obtain commercially available information about you from third parties, such as credit information or to prevent fraud, or purchase e-mail lists from third parties for advertising and marketing purposes. We may also receive information from third-parties who provide services for us through web-beacons and other technologies as otherwise discussed in this Privacy Notice.
Server Logs and Widgets:
A web "server log" is a record of activity created by a computer that delivers certain web pages to your browser. Certain activities that you perform on our Website may record information in server logs, such as if you enter a search term into a search box located on the Website. The server log may record the search term(s), or the link you clicked on to bring you to our Website. The server log may also record information about your browser, such as you IP address and the cookies set on your browser.
A "widget" is generally an application that can be embedded in a webpage. Widgets can provide real-time information to the webpage. Widgets are often provided by third-parties and we may provide widgets on our website. Widgets may enable the third-parties that provide them to collect date about users visiting the Website.
Search Queries on Our Website:
We may provide you with options to search for information on our Website. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.
Surveys, Contests and Promotions:
From time to time, we may request information from users via surveys, contests and promotions. Participation in these surveys or promotions is completely voluntary and the user therefore has a choice whether or not to disclose this information. If you choose to participate, we may ask you for additional information, which may include contact information (such as name, email and shipping address), demographic information (such as postal code, age level) and provide better services and options to you. We use the information you provide to administer our contests, sweepstakes and other promotions, in addition to the purposes set forth herein. If your information gathered via a survey will be used in a manner different from that described in this Privacy Notice, such use will be detailed in the survey instructions. For example, the instructions will alert you if the information will be shared with anyone in addition to those identified in this Privacy Notice, such as a third-party sponsoring the survey.
Content You Share
You may also be able to send certain content to other individuals using the Website. To send information to others, we request both your email address and theirs. We use this information only to fulfill your request. We may retain the information you provide in connection with this feature. We will not include any third-party advertisements within the messages sent to your friends.
HOW WE USE THE INFORMATION WE COLLECT:
We use the information we collect internally in our business for many business purposes, such as to: (i) provide the products or services you may order, including processing orders and returns; (ii) analyze trends and conduct research about improving our products and services; (iii) provide support and respond to questions from customers and Website visitors; (iv) improve our Website, products and/or services; (v) learn about customers' needs; (vi) contact consumers for research, informational, and marketing purposes, including customizing our product recommendations and promotions to you based upon your information and purchases; (vii) track traffic patterns and Website usage; (viii) enable online ordering and provide customer service with respect to such orders; (ix) correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts; (x) provide specific relevant marketing, promotional, or other information to you; (xi) address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues; (xii) investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process; (xiii) comply with law, or based on our good faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud to reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Website or the public; and, (xiv) process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.
We use the information we collect in a variety of ways. Generally, using all of the above mentioned, and similar type tools, we may collect, aggregate, and use information from or about you such as data about the type of browser and operating system used, which web pages you view, the time and duration or your visits to our Website, the search queries you may use on this Website, whether you clicked on any items or links on the Website, whether you have clicked on any links in any emails sent from us, or third-parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether you have viewed or ordered certain products or services.
We may also share personally identifiable information and non-personally identifiable information externally with our affiliates, licensees and joint venture partners, as well as with other third-party service providers who help us provide operational services for the Website and our business, which might include, but is not necessarily limited to: business entities that provide e-mail address management and communication contact services, network equipment and application management providers and hosting entities, credit and debit card payment gateways and processors and the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, entities which obtain information such as demographic information which might be aggregated with information we have about you, judicial, administrative and/or legal or financial accounting providers in the event that information must be reviewed or released in response to civil and/or criminal investigations, claims, lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, as we believe is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity, and with other service providers which may be involved in the other types of services and activities otherwise discussed in this Privacy Notice.
We may also use your personally identifiable information to contact you in ways other than e-mail or regular mail, such as via telephone contact, facsimile or SMS, in accordance with your communication preferences.
Please note that when you upload or transfer your picture or an image (the "Image") to a social media site, such as Instagram, with the hashtag Backyard Footwear (#BackyardFootwear) or one of the many other hashtags employed by Backyard Footwear or one of its affiliates, agents, retail partners or licensees (collectively, the "Hashtags") there is a possibility that the Image may be selected by Backyard Footwear or one of its affiliates, agents, retail partners or licensees (collectively, the "Affiliates") for publication on the www.backyardfootwear.com website or on other advertising and social media venues. Accordingly, by uploading an Image to a social media site or any other internet picture platform using one of the Hashtags, you hereby grant to Backyard Footwear and its Affiliates an irrevocable, worldwide, royalty free right and license in perpetuity to use such Image including, but not limited to, your likeness, name and biographical information depicted in such Image (collectively, the "Rights") in connection with Backyard Footwear's and its Affiliates' websites and all other advertising and social media venues regularly used by Backyard Footwear and its Affiliates without any further notice to you or compensation for such Rights. You hereby represent and warrant that (i) you own all rights in and to your Images, (ii) you have permission from all person(s) appearing in your Images to grant the rights granted herein; (iii) you are not a minor, (iv) Backyard Footwear's and its Affiliates' use of your Images as described herein will not violate the rights, including but not limited to copyright, trademark, privacy or publicity rights, of any third party or any law, and (v) the Images are not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful or offensive. You hereby release, discharge and agree to hold Backyard Footwear's and its Affiliates', and any person acting on their behalf, harmless from any liability related in any way to their use of your Images. In the event that you wish to terminate your license for such Rights at some future date, please contact firstname.lastname@example.org, at which point such written E-mail notification shall constitute your legal right to terminate the license for the Rights on 14 days notice and Backyard Footwear will exercise its reasonable commercial efforts to remove your Image within such 14-day period.
If Backyard Footwear, or substantially all of its assets, were acquired, or in the unlikely event that Backyard Footwear goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third-party. You acknowledge that such transfers may occur, and that any acquirer of Backyard Footwear may continue to use your personal information only in accordance with this Privacy Notice.
YOUR CHOICES ABOUT THE INFORMATION WE COLLECT
If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. If you do not wish to receive emails about special offers and other promotions from us, click the unsubscribe link located in our emails. If you do not wish to receive other marketing materials from us and/or if you do not want us to share your personal information with other entities as stated in this Privacy Notice, please provide us with your exact name and address and advise us that you wish to opt-out for information sharing or receiving information from us or both as the case may be. Please direct your opt-out request to:
3 Weston Road
Hingham, MA 02043
PRIVACY OF CHILDREN WHO VISIT THE WEBSITE
We recognize the importance of children's safety and privacy. The Website is not designed to attract children, and is not intended for use by any children under the age of 13. In accordance with the Children's Online Privacy Protection Act ("COPPA"), Backyard Footwear does not request, or knowingly collect, any personally identifiable information from children under the age of 13. If we become aware of any mistaken or inadvertent collection of information from a child under the age of 13 through their misuse of our Website, we will take all necessary measures to promptly delete such information from our records. We ask all parents and guardians to assist us in our efforts to comply with COPPA by prohibiting children under the age of 13 from providing Backyard Footwear with any of their personal information or using the Website without parental oversight and assistance.
YOUR CALIFORNIA PRIVACY RIGHTS
We collect various types of personal information about you during the course of your relationship with us as a customer. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third-party will use such information for its direct marketing purposes.
If you would like to exercise your rights under California law, please send your written request to the e-mail address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third-Party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third parties for their direct marketing purposes:
3 Weston Rd
Hingham, MA 02043
VISITORS TO THE WEBSITE OUTSIDE OF THE UNITED STATES
If you are visiting the Website from a location outside of the United States, your connection will be through servers located in the United States. All information you receive from the Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Website and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information.
UPDATING PERSONAL INFORMATION
We prefer to keep your personal information accurate and up-to-date. If you would like to change your contact information, please login to your account.
For your convenience, the Website may contain links to other websites. We are not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that we endorse or have any affiliation with the links.
We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information.
We use data encryption technology when transferring and receiving your sensitive personal information, such as credit card or financial account information. For example, in your transactions submitted by you through the Website, a solid key icon or a locked padlock icon at the lower portion of your web browser window confirms the Website is secured through Secure Sockets Layer (SSL). Pages requesting personal information should always have one of these icons. You can also confirm your data is being encrypted by looking at the URL line of your browser (the place where you type website addresses). When accessing a secure server, the site address will change from "http" to "https".
While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Website will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
QUESTIONS / CHANGES IN NOTICE
If you have questions or concerns with respect to our Privacy Notice, you may contact us at email@example.com. We may elect to change or amend our Privacy Notice; in such event, we will post the notice changes in our Privacy Notice on the Website. If you are concerned about how your personal information is used, please visit our Website often for this and other important announcements and updates.
Last Updated: December, 2015