Privacy policy

Bird of Flight Shoes

Privacy Policy

Last Updated: 01/15/21

This Privacy Policy describes how www.birdofflightshoes.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

This Privacy Policy applies to your use of the Site and should be read together with, and is incorporated into, the Terms of Service (“TOS”). Any conflict between this Privacy Policy and the TOS will be determined in favor of the TOS. All terms in this Privacy Policy that are defined in the TOS have the meanings ascribed to them in the TOS. 

Your use of the Site and/or provision of Personal Information (as defined in this Privacy Policy) constitutes your consent to our use, storage, processing, and transfer of that information in accordance with this Privacy Policy. By using the Site, you acknowledge and agree that you have read and accepted the terms of this Privacy Policy. Without prejudice to the generality of the foregoing, you expressly and unequivocally consent to: (a) the collection and processing of your Personal Information by us in accordance with the indicated purposes and this Privacy Policy and the TOS; and (b) the collection and processing of Personal Information on your behalf, as indicated in this Privacy Policy. 

We reserve the right to change this Privacy Policy from time to time and in our sole discretion. If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. Any such changes will be effective immediately upon posting. Your continued use of the Site will constitute your acceptance of such changes. Because this Privacy Policy may change from time to time, it is important that you regularly review this Privacy Policy to ensure that you are updated as to any changes. We encourage you to review the Privacy Policy whenever you access the Site to stay informed about our information practices and the ways you can help protect your privacy. This Privacy Policy, and any posted changes to its terms, shall remain in full force and effect while you use the Site. 

COLLECTING PERSONAL INFORMATION

When you visit the Site, we may collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us (such as for customer support). In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information.” See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: collected automatically when you access the Site using tracking technologies such as cookies, log files, web beacons, tags, or pixels.
  • Disclosure for a business purpose: such as sharing with our processor Shopify. 

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (such as credit card numbers), email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, to arrange for shipping, to provide you with invoices and/or order confirmations, to communicate with you, to screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, to provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: such as sharing with our processor Shopify, distributors, and order fulfillment vendors. 

Customer support information

    • Examples of Personal Information collected: name, email address, phone number, other information you provide in your communication to us. 
    • Purpose of collection: to provide customer support.
    • Source of collection: collected from you.
  • Disclosure for a business purpose: such as vendors providing customer support services. 
  • MINORS

    The Site is not intended for individuals under the age of thirteen (13). We do not intentionally collect Personal Information from children under the age of 13. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion. A parent or guardian of a child under the age of 13 may review and request deletion of the child’s personal information.

    SHARING PERSONAL INFORMATION

    We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

    • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
    • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
    • With third-party service providers, vendors, consultants, and volunteers (together, “service providers”) engaged to assist us in providing the Site, including the content, to you or to carry out one or more of the purposes described above or in the TOS. These service providers are permitted to use your Personal Information only to provide this assistance. When we use such service providers, we provide limited access to your information so that such service providers can perform the tasks on our behalf;
    • With business advisors, such as accountants and lawyers, who assist us in carrying out our business activities;
    • In response to a request for information (such as a subpoena, warrant, or other court order) if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation, or to respond to an emergency situation;
    • If we believe your actions are inconsistent with the spirit or language of the TOS, any user agreements or policies, or to protect the rights, property, or safety of the Site, our employees, volunteers, or others persons associated with us;
    • In connection with, or during negotiations of, any reorganization, formation of new organization, asset sale or transfer, financing or lending transaction, or in any other situation where personal information may be disclosed or transferred as one of our assets; 
    • With a third party if we have reason to believe that disclosing Personal Information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Site users, or anyone else who could be harmed by such activities.
    • With governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud that has already taken place. The information is not provided to these companies for marketing purposes. 
    • With your consent or at your direction, including if we notify you through the Site that the information you provide will be shared in a particular manner and you provide such information.

     

    Deidentified or Aggregated information. We may share statistical, deidentified, or aggregated non-Personal Information about our users with business partners, affiliates, sponsors, and/or other third parties, including but not limited to Google Analytics. Such data may be used to customize our website content to deliver a better experience to our Users. You may opt out from Google Analytics implementations and features that we use (see the “Your Choices” section of this Privacy Policy.

     

    Your actions. When you use the Site, User Generated Content that you post or share with third parties may be shared with other users in accordance with this Privacy Policy and your preferences. Please keep in mind that if you disclose Personal Information that is publicly available in any User Generated Content or other way, this information may become publicly available. All such sharing of information is done at your own risk. DO NOT POST USER GENERATED CONTENT if you do not want it to be used or made available to the general public as set forth in the TOS. Everything you share is voluntary; do not share anything you wish to remain private.

     

    Social Sharing Features. The Site may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on the Site with other media, and vice versa. The use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. 

     

    BEHAVIORAL ADVERTISING

    As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

    • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
    • We may share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We may collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

     

    For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

    You may opt out of targeted advertising by:

    Additionally, you may opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

    THIRD-PARTY LINKS

    The Site may contain links to third-party websites. As provided in the TOS, those websites are not controlled by us and we are not responsible for the content of any such website. We are not responsible for the privacy practices of other websites. We encourage our users to be aware of when they leave the Site and to read the privacy policies of each and every website that collects Personal Information. This Privacy Policy applies solely to information collected by us through the Site.

    USING PERSONAL INFORMATION

    We use your Personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfilling your order, and keeping you up to date on new products, services, and offers. We may use information about you, including Personal Information, for various purposes in accordance with the terms of the Privacy Policy in effect at the time of such use, including to:

    • Provide, maintain, and improve the Site;
    • Provide and deliver information you request, process contributions and transactions, and send you related information, including confirmations and invoices;
    • Send you confirmations, technical notices, updates, security alerts, and support and administrative messages;
    • Request feedback and otherwise contact you about your use of the Site;
    • Respond to your comments, questions, and requests and provide customer service;
    • Send you newsletters and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you information to keep you informed about various issues, events, resources, promotions, products, and services;
    • Determine your eligibility, including verifying your identity or determining your eligibility for certain aspects of the Site, such as promotions, services, products, which may include verification of you rage, date of birth, and state of residence;
    • Communicate with you about this Privacy Policy or the TOS, changes to the Site, feedback requests;
    • Monitor and analyze trends, usage, and activities in connection with the Site;
    • Personalize and improve the Site and provide advertisements, content, or features that match user profiles or interests;
    • Link or combine with information we get from others to help understand your needs and provide you with better service; 
    • Carry out our contractual obligations, including any obligations arising from any agreement entered into between you and us, including the TOS; 
    • Help maintain the safety, security, and integrity of the Site, products, services, databases, technology assets, and business assets, and to help prevent and detect fraud;
    • Administer and protect our business and the Site, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, protecting and enforcing our legal rights, protecting our company;
    • Comply with all applicable laws or legal processes, including providing information on individual users to the appropriate governmental authorities where required by law enforcement or judicial authorities; responding to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
    • Carry out any other permissible purpose for which the information was collected.

     

    COOKIES

    A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

    We use the following cookies to optimize your experience on our Site and to provide our services.

    Cookies Necessary for the Functioning of the Store

    Name

    Function

    _ab

    Used in connection with access to admin.

    _secure_session_id

    Used in connection with navigation through a storefront.

    cart

    Used in connection with shopping cart.

    cart_sig

    Used in connection with checkout.

    cart_ts

    Used in connection with checkout.

    checkout_token

    Used in connection with checkout.

    secret

    Used in connection with checkout.

    secure_customer_sig

    Used in connection with customer login.

    storefront_digest

    Used in connection with customer login.

    _shopify_u

    Used to facilitate updating customer account information.

    Reporting and Analytics

    Name

    Function

    _tracking_consent

    Tracking preferences.

    _landing_page

    Track landing pages

    _orig_referrer

    Track landing pages

    _s

    Shopify analytics.

    _shopify_fs

    Shopify analytics.

    _shopify_s

    Shopify analytics.

    _shopify_sa_p

    Shopify analytics relating to marketing & referrals.

    _shopify_sa_t

    Shopify analytics relating to marketing & referrals.

    _shopify_y

    Shopify analytics.

    _y

    Shopify analytics.

     

    The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

    You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

    Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

    Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

    DO NOT TRACK 

    Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

    SECURITY

    The Site uses security measures at least equal to those reasonably expected in the industry, to protect against the loss, misuse, and alteration of your Personal Information under our control. These measures include commercially reasonable industry-standard physical, administrative, and technological methods to protect your Personal Information. 

     

    We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take commercially reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

     

    Please keep in mind that you are responsible for the security of any Personal Information in your control. You should log out of your browser at the end of each computer session to ensure that others cannot access your Personal Information and correspondence, especially if you share a computer with someone else or are using a computer in a public place such as a library or Internet cafe. When you see either a solid key icon or a locked padlock icon at the lower portion of your browser window, this indicates that the site is secured through Secure Sockets Layer. If you do not see one of these icons, please contact your Internet service provider.

     

    NOTICE TO USERS OUTSIDE THE UNITED STATES

     

    If you are a user located outside of the United States, be advised that any information you enter on the Site may be transferred outside of the European Union or your country to the United States of America, which may not offer an equivalent level of protection to that required in the European Union or your country. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. By using the Site, you unambiguously consent to the transfer of all such information to the United States of America, which may not offer an equivalent level of protection to that required in the European Union or your country, and to the processing of that information by us on our servers located in the United States.

     

    For European Union Residents

    Lawful basis

    Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

    • Your consent;
    • The performance of the contract between you and the Site;
    • Compliance with our legal obligations;
    • To protect your vital interests;
    • To perform a task carried out in the public interest;
    • For our legitimate interests, which do not override your fundamental rights and freedoms.

    Retention

    When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

    Automatic decision-making

    If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

    We [DO/DO NOT] engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

    Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

    Services that include elements of automated decision-making include:

    • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
    • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

    GDPR – Your Rights

    If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

    Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. By using the Site, you consent to our processing and use of your Personal Information as provided in this Privacy Policy. 

    For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

     

    Privacy Notice for California Residents:

     

    This Privacy Notice for California Residents (“CA Privacy Notice”) supplements the information contained in the Privacy Policy above and applies solely to California residents. 

     

    California Consumer Protection Act. The California Consumer Protection Act of 2018 (CCPA) provides California residents with certain rights regarding personal information collected by businesses. This CA Privacy Notice applies to California residents covered by the CCPA (“CA consumers” or “you”). Any terms defined in the CCPA have the same meaning when used in the CCPA section of this CA Privacy Notice.

     

    Personal Information

     

    The CCPA defines “personal information” as information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA consumer, household, or device. Personal information includes the following categories:

     

    Category

    Examples

    A. Identifiers.

    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

    B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

    A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

    Some personal information included in this category may overlap with other categories.

    C. Protected classification characteristics under California or federal law.

    Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

    D. Commercial information.

    Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

    E. Biometric information.

    Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

    F. Internet or other similar network activity.

    Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

    G. Geolocation data.

    Physical location or movements.

    H. Sensory data.

    Audio, electronic, visual, thermal, olfactory, or similar information.

    I. Professional or employment-related information.

    Current or past job history or performance evaluations.

    J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

    Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

    K. Inferences drawn from other personal information.

    Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

     

    Information that Is Not Personal Information

    • The CCPA does not cover personal information that is not subject to the CCPA rights identified below, such as personal information we collect from employees, job applicants, owners, directors, officer, or contractors of businesses in the course of our provision or receipt of business-related services. 
    • Personal information does not include:
      • Publicly available information from government records
      • Deidentified or aggregated CA consumer information
      • Information excluded from the CCPA's scope, such as: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

     

    Collection of personal information.  The Site may obtain the categories of personal information listed above from the following categories of sources:

     

    1. Directly from you. For example, from forms you complete (including information you submit when you register for an account or sign up for Membership with us) or products and services you purchase.
    2. Indirectly from you. For example, from observing your actions on the Site.
    3. From your activities on linked Third Party Social Platforms. 

     

    Use of personal information. We may use or disclose the personal information we collect for one or more of the purposes provided in the Privacy Policy or as otherwise set forth in the CCPA. We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

     

    Sharing Personal Information. We may disclose your personal information to third parties for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

     

    We may share your personal information with the following categories of third parties:

    1. Service providers
    1. Data aggregators
    2. Advertisers
    3. Affiliates
    4. Partners 
    5. Parent or subsidiary organizations
    6. Social media companies
    7. Internet cookie data recipients, like Google Analytics
    8. Third parties to whom CA consumers (or their authorized agents) authorize us to disclose their personal information in connection with products or services we provide to them.

    Disclosures of personal information for a business purpose. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

     

    • Category A: Identifiers
    • Category B: California Customer Records personal information categories
    • Category C: Protected classification characteristics under California or federal law
    • Category D: Commercial information
    • Category F: Internet or other similar network activity
    • Category I: Professional or employment-related information
    • Category K: Inferences drawn from other personal information

     

    Sales of personal information. In the preceding twelve (12) months, we have not sold any personal information.

     

    CA Consumers’ Rights and Choices. The CCPA provides CA consumers with specific rights regarding their personal information. This section describes the CCPA rights of CA consumers and explains how to exercise those rights.

     

    Access to specific information and data portability rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will disclose to you:

     

    1. The categories of personal information we collected about you.
    1. The categories of sources for the personal information we collected about you.
    1. Our business or commercial purpose for collecting or selling that personal information.
    1. The categories of third parties with whom we share that personal information.
    1. The specific pieces of personal information we collected about you (also called a data portability request).
    2. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

     

    Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

     

    1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
    1. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    1. Debug products to identify and repair errors that impair existing intended functionality.
    1. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    1. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    1. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    1. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.  
    2. Comply with a legal obligation.
    3. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

     

    Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us at the contact information provided below. 

     

    Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You also may make a verifiable consumer request on behalf of your minor child.

     

    You may only make a verifiable consumer request for access or data portability twice within a 12-month period. 

     

    The verifiable consumer request must:

     

    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

     

    We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

     

    We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

     

    Response, Timing, and Format. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

     

    If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

     

    Any disclosures we provide will cover only the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

     

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.



    Right to Opt Out. Under the CCPA, a CA consumer has the right, at any time, to direct a business that sells personal information about the CA consumer to third parties not to sell the CA consumer’s personal information (the “right to opt out”). 

     

    Exercising the Right to Opt Out. The Site provides a “Do Not Sell My Information Link” in the footer section of the Site. 

    • You (or a person authorized by you) can opt out of the sale of your personal information by clicking on the “Do Not Sell My Information Link.” 
    • You are not required to create an account to direct us not to sell your personal information. 
    • Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting the Site and becoming a Member. We will only use personal information provided in an opt-out request to review and comply with the request.



    Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

     

    1. Deny you goods or services.
    1. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    1. Provide you a different level or quality of goods or services.
    2. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

     

    Please note that if your request requires us to delete, restrict, or not share information, some functionality of the Site may be inhibited, and any subsequent interaction with the Site after deletion may require new requests for action on your data.

     

    Other California Privacy Rights. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site 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 contact us as provided in the contact section below.

     

    For Nevada Residents:

    Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us as provided below with the subject line “Nevada opt-out.” 

     

    CHANGES

    We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

    CONTACT INFORMATION

    For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact as follows:

    By email: hello@birdofflightshoes.com

    By mail: Bird of Flight LLC, 732 Old W Church Road, Adamant VT 05640, United States

    If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here