Terms & Conditions
Last updated: Dec. 30, 2019
“Personal information” is any information that enables us to identify you, either directly or indirectly in conjunction with any other information we hold, by reference to an identifier such as name, address, date of birth or government identification number.
We collect personal information when you visit our Site, register to receive our Services, place an order, subscribe to our newsletter, respond to a survey, fill out a form or otherwise use our Services.
User-Provided Personal Information
When ordering or registering on the Services you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information
You also provide us information in Content you post to the Service. Your store and product information you provide to the Service, and metadata about them (such as when you posted them), are publicly viewable on the Service, along with your name. This information may be searched by search engines.
Information Collected Automatically
When you use the Service, we use persistent and session cookies (for information on cookies, please see below) and other tracking technologies such as log files, clear GIFs, and Flash technologies to: (a) store your username and password; (b) analyze the usage of the Service; (c) customize the Services to your preferences; and (d) control the advertising displayed by the Service. We also may include clear GIFs in HTML-based emails sent to our users to determine whether the message has been opened. As we adopt additional technology, we may also gather additional information through other methods.
We use these automated technologies to collect and analyze certain types of information, including: (a) information related to the devices or browsers you use to access or interact with the Service, such as: IP addresses, geolocation information, unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, and unique numbers or codes in cookies; and (b) information related to the ways in which you interact with the Service, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Service, and other similar information. We may also capture other data, such as search criteria and results.
We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Service), and may use that information to customize the Services with location-based information and features. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.
A cookie is a small text file stored by a website in a user’s web browser (e.g. Internet Explorer, Safari, Firefox or Chrome) that helps us in many ways to make your visit to our Site more enjoyable and meaningful to you. Among other things, cookies avoid you having to log in every time you come back to our Site. They also allow us to tailor our Site or advertisement to better match your interests and preferences.
A session cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer, the session cookie disappears forever.
A persistent cookie remains on your computer after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies stay on your computer until either they expire or are overwritten with newer cookies, or you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site functions or features.
While specific names of the cookies and similar technologies that we use may change from time to time as we improve and update our services, they generally fall into the below categories of use:
- Authentication and security cookies. We use these cookies to enable you to remain logged into briandownard.com, and verify that it is you as you use briandownard.com. This helps keep your account safe and secure from unauthorized use, and helps combat spam and other abuse which violates our policies.
- Analytics and research cookies. We use these cookies to better understand how people use briandownard.com. For example, how often particular features are used, or which content leads towards user activity.
- Product features and setting cookies. We use these cookies to enable the functionality of some features within the briandownard.com product, in particular to personalize the experience towards you. We also use these cookies to store certain of your preferences and settings.
Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
Third party vendors, including Google, also use these cookies to serve ads based on your past visits to our Site.
Third party vendors, including Google, also show our ads on their websites across the internet. We use this “remarketing” to promote briandownard.com and any other products we promote.
For additional information on how to block cookies, please refer to the privacy or security settings of your browser.
Third Party Analytics and Advertising
How do we use information we collect?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our Site (we continually strive to improve our Site offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
- How do we use your email address?
By submitting your email address on this Site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe option that is included in the respective email.
We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.
By submitting your email address, you also agree to allow us to use your email address for customer audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us.
Email addresses submitted only through the order processing page will be used for the sole purpose of sending you information and updates pertaining to your order. If, however, you have provided the same email to us through another method, we may use it for any of the purposes stated in this Policy.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we share your information?
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
briandownard.com may share your information with third party service providers for the purpose of providing the Services to you, such as payment processors, email service providers, and providers of technical infrastructure (such as servers or databases co-located with hosting providers), engineering, or other support.
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information are generally among the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
We may share or disclose your information with your consent, such as if you choose to sign on to the Services through a third-party service. We cannot control third parties’ use of your information.
We may disclose your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as the Terms of Service; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of briandownard.com, its users, or members of the public.
How long do we store your information?
We will store your personal information, in a form which permits us to identify you, for no longer than is necessary for the purpose for which the personal information is processed. We and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically and reasonably feasible to remove it. Otherwise, we will seek to delete your personal information within a reasonable timeframe upon request.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
We cannot, however, ensure or warrant the absolute security of any information you transmit to briandownard.com or guarantee that your information on the Services may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, technical, or managerial safeguards.
Choices you can make about your information
You may choose not to share information through the Service, in which case briandownard.com may not be able to provide services to you.
You may update your account information and preferences at any time at [[LINK]].
You may opt out of email communications. To Opt-Out, all you need to do is click the “Unsubscribe” link at the bottom of any email you receive from us.
You can also contact our Support Desk and request to be removed from our mailing list.
Protecting the privacy of young children is especially important. briandownard.com does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under the relevant age without parental consent, we take steps to remove that information. Our Site, products and services are all directed to people who are at least 13 years old or older.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our Site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Site.
Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personal information disclosed to those parties.
Your European Privacy Rights
For European residents only. We collect and process personal information about you only where we have a legal basis for doing so under applicable data protection law, including under the GDPR. The legal bases will depend on the purpose for which we process your personal information.This means we collect and use your personal information only where:
- We need it to provide the Services under a contract to which you are a party, or in order to take steps at your request prior to entering into a contract;
- It satisfies a legitimate interest (which is not overridden by your rights and interests), such as for research and development, to market and promotethe Site and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
- We need to process your personal information to comply with a legal obligation.
If you have consented to our use of personal information about you for a specific purpose, you have the right to change your mind at any time.
We may use your email address to send you newsletter or marketing emails. We will ask for your consent in line with the applicable law when you first provide your personal information. You can opt out by following the unsubscribe instructions included in these emails, or you can contact us by emailing email@example.com.
In certain circumstances, you have rights under the GDPR in relation to your personal information. These data privacy rights do not apply to briandownard.com where we process your personal information as a data processor on behalf of our customers. Where this is the case, any request to exercise your European data privacy rights should be directed to our customer (i.e. the data controller).
Request access to your personal information. You may have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
Request correction of your personal information. You may have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.
Request erasure of your personal information. You may have the right to request that personal information held about you is deleted.
Request restriction of processing your personal information. You may have the right to prevent or restrict processing of your personal information.
Request transfer of your personal information. You may have the right to request transfer of personal information directly to a third party where this is technically feasible.