Privacy Policy
Effective Date: January 10, 20221. Purpose
Third Cedar LLC (dba Downybird) (“Downybird”) and any of its subsidiaries and affiliates (collectively may be referred to as “Company”, “we”, “us” or “our”), endeavors to protect your personal information. This Privacy Policy describes the information that we gather from you, how we use that information and how you can opt-out and further control the disclosure of such information. By accessing this Site, you signify your acceptance of our Terms of Service as well as this Privacy Policy and consent to the collection and use of your information by Third Cedar LLC to the extent described herein.
2. Scope
This Privacy Policy applies to personal information that is processed by Third Cedar LLC in the course of our business, which includes via our Site (e.g., Downybird.com) and through any social media accounts, blogs, and other online offerings (including any future online and offline offerings).
3. Types of Information We Collect
The types of information we collect depends on your relationship with Third Cedar LLC (“Downybird”) and the requirements of applicable law. Third Cedar LLC collects some or all of the following information from you when you access our Site in the following ways:
A. Information You Directly Supply to Us
• Order Information: When you place an order with us, we collect information relevant to your purchases such as your name, shipping address, billing address, email address, phone number, and payment information. This allows us to process your order, communicate with you regarding your order, and pass your payment information on to Shopify Payments or to our third-party payment processing partners such as PayPal, Amazon Pay, Apple Pay, and others.
• Communications Sign-Up: If you sign up to receive emails or other forms of communication regarding our products and services, we may collect information such as your email address, phone number, or mailing address.
• Customer Service: If you contact customer support, we may collect information such as your email address, mailing address, phone number, and reason for contact.
• Account Information: You have the option to register to create an account on our Site. If you create an account, we collect your email address and/or username, password, and order history. If you choose you may opt to input more information including your name, phone number, payment information, shipping address, and billing address.
• Contests, Sweepstakes, and Promotions: If you choose to participate in a contest, promotion, or sweepstake, we may collect information such as your email address, phone number, or mailing address, and any other information you choose to include in your submission. Your information may be used to contact you regarding the contest, sweepstake, or promotion, and for other promotional and marketing purposes. If you hold an account with us, we may note your participation in a contest, sweepstake, or promotion in your account.
• Reviews and Public Forums: If you disclose personal information on a public forum offered by us or third parties such as a review platform, blog post, social media account, or another public forum, that information is publicly available and therefore not subject to the terms of this Privacy Policy.
B. Information from Other Sources
• Third-Party Service Providers: We may receive information about you from third-party service providers (e.g., Shopify, Google Analytics, Mailchimp) we use to enhance our ability to run our site and provide you with information regarding our products and Services.
• Reviews and Research: We may contact you directly or via third-party service providers to collect reviews, testimonials, product feedback. If you choose to participate, we may use the personal information provided voluntarily to enhance our products, Services, and marketing efforts in a manner consistent with this Privacy Policy.
C. Automated Information
• When you access the Site, Third Cedar LLC (or a third-party service provider we utilize) may collect certain technical information automatically, such as your browser type, operating system, IP address, internet service provider, mobile carrier, device identifiers, cookie identifiers, Media Access Control (MAC), International Mobile Equipment Identity (IMEI), addresses, referral/exit data (pages you visited before and after using our Site), date and time of your site access, time zone, language, geo-location, and your browsing habits and actions. We may utilize this information to tailor your user experience in line with your preferences and analyze audience patterns.
• Cookies and Tracking Technologies: We (together with our third-party service providers, including Facebook) may use cookies, pixels and similar tracking technologies to collect information regarding your online activity. These “cookies” are small data files that function to identify your computer or other devices and allow us to collect information on your online activity across websites, services, and devices. We may use cookies to recognize your devices, suggest products, remember cart activity, and improve the personalization of your Site experience. You may ‘opt out’ of the collection of cookies and tracking technologies on our Site by disabling or blocking them via your browser or device. If you choose to ‘opt out’ of these tracking technologies, you may not be able to access certain features on our Site.
4. Information We Share
Third Cedar LLC may use the information we collect about you for the following purposes:
(a) To provide transactional services, such as to fulfill orders, communicate about order status, reply to questions and requests, and process payments for products purchased.
(b) To provide administrative services, such as to communicate to verify account information, maintain a contact database, respond to customer service queries, provide delivery updates, to manage inventory, measure interest in products, fraud protection, conduct internal research and development, and to enforce our Terms of Service.
(c) To perform marketing and advertising, such as to notify you about promotions, offers, special events, products, and business services that may be of interest to you via periodic, emails, mailings, newsletters, and text messages.
(d) Analytics and Research, such as market analysis to improve product offerings, identify trends and improve customer experience.
(e) We may use personal information for which we have a legitimate interest such as to comply with legal and regulatory obligations, fraud protection, security threats.
5. Sharing Information
Third Cedar LLC reserves the right to share information collected through our Site with the following categories of third parties:
(a) We may share any personal information we receive with third-party service providers to perform functions on our behalf. These may include but are not limited to web hosting, data analytics, payment processing, fraud protection, order fulfillment, warehousing, billing disputes, and customer service requests.
(b) We may share personal information regarding your use of our Site with third-party advertising vendors or allow third-party vendors to use tracking tools such as “cookies” on our Site for the purpose of remarketing and re-engagement. To opt-out, visit https://optout.networkadvertising.org to reconfigure your device settings.
(c) We may share personal information with our consultants and advisors in relation to business functions including but not limited to financial services, legal services, and insurance services.
(d) We may disclose personal information to (i) comply with law enforcement or regulatory requests, such as a subpoena or court order or other legal processes (ii) prevent or investigate suspected or actual illegal activity such as identity theft or fraud (iii) disclose, in good faith, any information that we believe is unlawful without notice.
(e) Information Transfer from Sale, Merger, or Other Asset Transfer: In the event that Third Cedar LLC is involved in a merger, acquisition, bankruptcy, reorganization, sale of assets, or financing, we reserve the right to sell or transfer your information as part of any such transaction to the extent permitted by law. We will transfer the personal information over in a manner consistent with the Privacy Policy which may be subject to change once adopted by the successor entity.
Third Party Links: This Privacy Policy applies to the use of this Site. On occasion, we may link to third-party websites, applications, or payment processors. This does not constitute our endorsement or review of these third-party sites. These websites are not operated or controlled by Third Cedar LLC and the terms and conditions outlined in this Privacy Policy do not apply. We recommend you review the privacy policies of any third-party directly.
6. User Information Management/Opt-Out
Third Cedar LLC uses the personal information you provide us in a manner consistent with this Privacy Policy. Consistent with legal requirements, you reserve the right to opt-out of the use of your personal information at any time. To opt out of our e-mail marketing and promotions, click the unsubscribe link provided in marketing emails and update your preferences accordingly. We endeavor to process your request within a reasonable timeframe. In addition, if you opt-out of promotional email material we may still contact you regarding your use of the Site for non-promotional purposes such as your account information, billing, and payment information, updates to our Privacy Policy and Terms and Conditions, and other emails relating to your use of the Site. You may confirm, update or correct your personal information associated with your user account by logging into your Downybird account at any time. To delete the personal information associated with your account e-mail the request to hello@downybird.com. To opt-out of the use of cookies and similar technologies, visit https://optout.networkadvertising.org to learn how to reconfigure your device settings. Subject to certain limitations, you may request access to the personal data we hold about you, make corrections, provide updates, and request the erasure of your personal data by contacting hello@downybird.com. Third Cedar LLC will make a good faith effort to respond to your requests for personal information, however, we may decline to process such requests under certain circumstances such as when the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.
7. Data Security
The security of your personal information is important to us. Third Cedar LLC uses TLS 1.3 (Transport Layer Security) to process all payment and personally identifiable information provided via our Site. We take reasonable steps to ensure your personal privacy is safeguarded. However, no website or electronic data storage solution is completely secure, and we cannot guarantee that your information will be completely secure. Please be aware of this fact before submitting any personal information via our Site. If a security breach does occur, we may make a reasonable effort to notify you. By providing your personal information or using our Site you agree to receive electronic communications relating to security and privacy concerns.
8. Data Retention
We retain personal information for as long as necessary to carry out the purposes for which it was collected or to carry out legitimate business, compliance, legal or regulatory purposes, and those purposes set out in the Privacy Policy.
9. Privacy of Children Under 13
We do not knowingly collect personal information online from children under the age of 13. If you are under the age of 13, you are not permitted to access this Site. If you believe we received information from a child under 13 without your consent, please contact us at hello@downybird.com and we will make every effort to erase the information,
10. California Privacy Rights
If you are a resident of California, you are granted certain rights under California law pertaining to your personal information. These rights include:
a. The Right to Know: You may request to know what personal information has been collected, used, shared, or sold within the 12-month period preceding your request free of charge.
b. The Right to Delete: You may request that we delete your personal information at any time. We will make a reasonable effort to process such requests within the timeframe permitted by applicable law. We reserve the right to retain certain information when permitted by the applicable law for business, regulatory and legal purposes.
c. The Right to Opt-Out: You have the right to opt-out of the sale of your personal information to third parties. We will make a reasonable effort to process such requests within the timeframe permitted by applicable law.
You may not be denied goods or services for choosing to exercise your rights under California law. If you are a resident of California, you may contact us at hello@downybird to make your request. To process your request, we may be required to take steps to verify your identity.
11. Policy Updates
This Privacy Policy is effective as of 10 January 2022. We reserve the right to amend, modify or otherwise change this Privacy Policy at any time. Once the Privacy Policy has been updated on our Site, all changes will be effective immediately. You are responsible for reviewing changes to the Privacy Policy. Your use of the Site constitutes your agreement and consent to the Privacy Policy posted at the time of use.
Contact Us
If you have a question or concern about this Privacy Policy and the use of your personal data, contact hello@downybird.com