Privacy Policy
Last Updated: (July 15, 2024)
The following privacy policy ("Privacy Policy") outlines how Brome Bird Care Inc. ("Brome", "us", "our" or "we") will collect, use, protect and disclose personal information for visitors of the website https://bromebirdcare.com, https://bromebirdcare.ca and all of their subdomains (collectively, the "Website").
We are committed to protecting your privacy rights and recognize the importance of protecting the information that we collect about you. We have prepared this Privacy Policy to describe our practices regarding the personal information we collect:
- directly from visitors of our Website, recipients of our emails and beneficiaries of our Lifetime CareTM warranty (collectively, the "Services");
- when you purchase any of our products ("Products"); and
- as otherwise indicated in this Privacy Policy.
By visiting our Website, purchasing our Products or using our Services, you acknowledge that we handle your personal information under the terms of this Privacy Policy, and you understand that our collection, use and disclosure of your personal information is as set out in this Privacy Policy.
1. What We Collect. We collect information about you in different ways:
1.1 Information you provide to us:
- Online Order Information. When you make a purchase on our Website, we request information related to your purchase, including your name, email address, shipping details and phone number. We also request your credit card number, credit card expiry date, security (CVV) number, and billing address if different from your address (collectively the "Billing Information"). Billing Information is only used to process the credit card transaction for your purchase(s). For more details on the treatment of your Billing Information, please see the "Third Party Payment Provider" section further below in this Privacy Policy.
- Online Accounts. If you sign up for an online account through our Website we may ask you to provide your email address.
- Communicating with us. When you reach out to us for customer service or other questions, we gather the details from those communications along with information about how you contacted us whether through phone, text or email. For instance, if you email us we will collect your email address if it is a text message or phone call we will gather your phone number.
- Lifetime CareTM registration. When you register your product on our website to benefit from the Lifetime CareTM warranty, we might ask for information such as your name, email, address, phone number and date of birth.
1.2 Information we collect automatically:
- Log Data. We may automatically record certain information about your use of our Services (we refer to this information as "Log Data"). This includes details like your IP address, device type, browser, operating system, pages you visited, time spent on features, usage frequency, search terms, clicked links, time zone, and location. We use this data to improve and customize our Services based on user needs and preferences.
- Cookies. If you have agreed (as required by applicable laws), we might use cookies or similar technologies to analyze trends, manage website pages, track user movements, and collect overall demographic information. Users can control cookie and local storage preferences in their individual browser settings.
1.3 Information we collect from other sources:
- Third-Party. We may gather information from alternative sources including data analytics firms, public databases, publicly accessible social media profiles and other third party collaborators such as Google (Google Privacy & Terms) or Facebook (Facebook Data Policy).
2. Use of Personal Information. We use the collected personal information for various purposes or as otherwise described at the time of collection:
2.1 Product or Service Delivery. We use your personal information to process and communicate about your orders, address service queries and notify you of policy or product changes. When using information for these purposes it is either to fulfill a contract with you or meet a legal obligation:
2.2 Marketing Communications. We use your personal information to send marketing messages about our products, contests, and promotions through emails. We only send them if you've agreed to receive them by subscribing to the newsletter. Note that you may opt out at a later date.
2.3 Research and Development. We may use your personal information for research and development purposes, including to analyze customer preferences, create trend reports, analyze and improve our Products and Services and our business. Understanding your preferences helps us personalize interactions and offer information or deals tailored to your interests. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you.
2.4 Compliance and Protection. We may use your personal information to:
- comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities;
- protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
- audit our internal processes for compliance with legal and contractual requirements and internal policies; and
- prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
3. Disclosure of Your Data. We may share your data with the following parties and as otherwise described in this Privacy Policy or at the time of collection.
3.1 Authorities and Others. We may disclose your personal information for law enforcement purposes, with government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the "Compliance and Protection" purposes described above.
3.2 Business Transfers. We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or part of our business or assets. These deals can include any merger, financing, acquisition, reorganization, divestiture, or in the event of bankruptcy or dissolution.
3.3 Professional Advisors and Service Providers. We may share personal information with those who need it to work for us. These recipients may include our employees as well as third-party companies and individuals to administer and provide the Services or sell the Products on our behalf, as well as lawyers, bankers, auditors, and insurers.
4. Data Retention. We retain information we collect as long as it is necessary and relevant to fulfill the purposes outlined in this Privacy Policy. In addition, we retain personal information to comply with applicable law where required, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation and other actions permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.
We employ industry standard security measures designed to protect the security of all information submitted through the Services. However, the security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Services. In order to protect you and your data, we may suspend your use of any of the Services, without notice, pending an investigation, if any breach of security is suspected.
5. Third Party Pixels and Cookies
When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting
https://www.smartrecognition.com/database-opt-out/.
If you wish to opt-out of email marketing from a specific brand that we work with, such as a customer of ours, you can click on the "opt-out" or "unsubscribe" link in the footer (located at the bottom) of any marketing email you receive.
6. Your Rights. Depending on applicable laws, you may have the following rights with respect to your personal information:
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- the right to ask us for an overview of your personal information that we process;
- the right to ask us to transfer your personal information directly to you or to another entity, including in a structured, commonly used and machine-readable format. This may apply to personal information that we process by automated means and with your consent or on the basis of a contract with you. We will transfer your personal information where it is technically feasible;
- the right to have your personal information deleted if we no longer need it for its original purpose, if you object to us processing your personal information for our own legitimate interests or for personalized commercial messages, if you withdraw your consent for processing your personal information, if we unlawfully process your personal information, or if a law requires us to erase your personal information;
- the right to object to us using your personal information for our own legitimate interests. We will consider your objection and whether processing your personal information has any undue impact on you that requires us to stop doing so. You cannot object to us processing your personal information if we are legally required to do so (for example if we are obliged to fulfill a contract with you);
- if your personal information is incorrect, you have the right to ask us to rectify it. If we shared such data about you with a third party in compliance with this Privacy Policy, it is our obligation to notify this change to the third party;
- the right to ask us to restrict using your personal information if in your opinion the information is inaccurate, if we are processing the data unlawfully, or if you have objected to us processing your personal information for our own legitimate interests; and
- should you not be satisfied with the way we have responded to your concerns, you have the right to submit a complaint to us using the contact information further up in this Privacy Policy. If you are still unhappy with our reaction to your complaint, you can also contact the data protection authority in your country.
Please note that deletion of your personal information may make it impossible for you to use the Services.
7. Third Party Payment Service Provider. Brome uses third parties such as Shopify to collect information and process secured payments for purchases of Brome products made on the Website. No Billing Information is ever stored on servers controlled by Brome. Shopify has our permission to store, on behalf of Brome, the information pertaining to the executed transactions by customers (including all Billing Information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of customers, and for follow-up as needed. This information may be used for validation and registration purposes of customers, and to trace any fraudulent activities if necessary. When you make a purchase using our Website, you are subject to the Privacy Policy of Shopify which we encourage you to read.
8. Limitation of Liability. We, and/or our respective officers, directors, shareholders, owners, officials, partners, partnership, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected through the Services not in violation of this Privacy Policy or any applicable laws.
9. Compliance with Canada Privacy Laws. This Privacy Policy and our practices in general are designed to be in compliance with Canada's Personal Information Protection and Electronic Documents Act (S.C. 2000, c.5) and Québec's An Act Respecting the Protection of Personal Information in the Private Sector (R.S.Q. c. P-39.1) and any amendments thereof.
10. Changes to this Privacy Policy. We may change this Privacy Policy at any time. We encourage you to periodically review this page for the latest information about our privacy practices. If we make any changes, we will change the Last Updated date above. Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon the implementation of the changes to the Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services or purchase of our Products after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.
11. Contact Us. We have established procedures to receive complaints and inquiries regarding our policies and practices relating to the management of personal information, including the retention and destruction of personal information, the role and responsibilities of Brome's employees, directors and officers. We will inform individuals who make inquiries or lodge complaints of the existence of the relevant procedures. If you have any question or comment about this Privacy Policy, please do not hesitate to contact our Data Protection Officer at (nicholas@brome.com).
12. Notice to California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or "CCPA".
For more details about the personal information we collect from you, please see the "What we Collect" section above. We collect this information for the business and commercial purposes described in the "Use of Personal Information" section above. We share this information with the categories of third parties described in the "Disclosures of Your Data" section above. We do not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out).
Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories of specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any "sales" that may be occurring, and not to be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting our Data Protection Officer at (nicholas@brome.com) Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California laws, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requesters' valid government issued identification, and the authorized agent's valid government issued identification.