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State Privacy Rights
Effective July 1, 2023
State Privacy Rights
If you are a California, Colorado, Connecticut, Utah or Virginia resident, the information below may apply to you in addition to the general Privacy Policy above. This statement uses certain terms that have meanings given to them by the California Consumer Privacy Act, as amended, unless otherwise specified.
Collection and Disclosure
During the twelve-month period prior to this effective date of this California privacy rights section, we may have collected and disclosed the following categories of information about you:
Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as customer number, unique pseudonym, or user alias), email address, account name,
Social Security number, driver’s license number, passport number, and other similar identifiers, physical characteristics or description, state identification card number, and signature
Identifiers (Online): a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar
technology; other forms of persistent or probabilistic identifiers, and Internet Protocol address
Other Financial, Medical, and Health Information: bank account number, credit card number, debit card number and other financial information.
Commercial Information: including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies.
Internet and Other Electronic Network Activity Information: including, but not limited to, browsing history,
search history, and information regarding your interaction with websites, applications or advertisements.
Geolocation Data
Purposes for collecting data
• Information we collect may be collected for the following business or commercial purposes:
• Providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
• Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions
to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
• Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction
• Detecting and responding to security incidents, protecting against and responding to malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
• Debugging to identify and repair errors that impair existing intended functionality
• Undertaking internal research for technological development and demonstration
• Undertaking activities to verify or maintain the quality or safety of a service or product that is owned, manufactured, or controlled by or for us, and to improve, upgrade, or enhance the service or product.
• Displaying advertisements intended for you based on information related to your activities over time and across nonaffiliated websites or online applications used to predict your preferences or interests (targeted advertising).
• Complying with and enforcing applicable legal requirements, relevant industry standards and our policies
Sources of data we collect
We may collect this information from these categories
of sources:
• You
• Yardbird and its affiliated companies
• Devices you use
• Service providers
We may share information with the following categories
of third parties:
• Our affiliated companies
• Our joint marketing partners
• Our business partners
• Social media networks
• Third party marketing partners
• Government entities, including law enforcement agencies
We do not sell information as the term “sell” is traditionally used and understood, including as it is defined under Utah and Virginia law, such as providing information to data brokers or other third parties for their own independent uses in exchange for monetary compensation. This applies to personal information about all individuals, including individuals known to be under the age of 16.
We may share personal information about you for cross-context behavioral advertising—seeking to place ads to you on others’ digital properties based at least in part on personal information obtained from
your activity on others’ digital properties. We may have shared or sold (as defined under California, Colorado, and Connecticut laws) the following categories of personal information:
• Identifiers (online) associated with a device used to interact with our digital properties or advertisements (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology)
• Internet and other electronic network activity information associated with a device used to interact with digital properties or advertisements.
• Commercial information including products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
• Geolocation data
Retention--California Residents
Yardbird has a records retention schedule reflecting our intended retention periods for certain types of information. The following reflects the longest applicable intended retention period by category of personal information for information related to California consumers acquired on or after January 1, 2023. Once the intended retention period has passed, subject information is to be deleted or modified such that it is no longer personal information.
There are a number of reasons personal information may be retained longer than the intended retention period. For example, deletion or modification does not happen immediately after a retention period has passed
and instead executes periodically, no less frequently than annually. Additionally, some information systems or information may be placed on legal holds due to potential litigation or regulatory review and information, therefore, is not deleted or modified.
Your rights
You have certain rights and choices related to how we collect, use, and disclose your personal information.
Access: You have the right to request that we disclose to you the personal information related to you that we have collected in the past twelve months. You may make this request twice in a twelve-month period. This access request may include:
• The categories and specific pieces of personal information that we have collected about you.
• The categories of sources from which we collected the personal information
• The business or commercial purposes for which we collected or sold the personal information
• The categories of third parties with whom we shared the personal information
• The categories of personal information about you that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose.
Correction: You have the right to request that we correct certain personal information we have collected, taking into account the nature of the personal information and the purposes of the processing of the personal information. If you make a correction request, we may correct or instead delete information as allowed by law. Exceptions apply.
Deletion: You have the right to request that delete personal information we have collected about you, subject to certain exceptions in the law.
Opt out of sale: You have the right to opt out of the sale of your personal information.
California Residents
• Do not share my personal information: You have the right to opt out of our sharing of personal information for cross-context behavioral advertising. You may exercise this right by clicking here.
• Limit the use of my sensitive personal information: Under California Law, you have the right to opt out of the processing of sensitive data. Yardbird may process your precise Geolocation Data, as that is defined in California law, to provide services to you, including locating a showroom. You may opt out of our processing this information by adjusting the settings in your device or browser settings.
• Shine the light request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.
Colorado Residents
• Opt out of targeted advertising: You have the right to opt out of “Targeted Advertising” by clicking here.
• Appeal a refusal to take action: Colorado law requires that we establish a process for a consumer to appeal our refusal to take action on certain requests. You may contact us as described below to appeal. If you are not satisfied with the outcome of that process, you may contact the Colorado Attorney General to submit a complaint. •
Other options not relevant: We do not use your data for the purpose of profiling to make decisions that would have legal or similarly significant effects on you. We do not knowingly process “sensitive data” concerning Colorado residents, as defined under Colorado law unless required as a matter of law.
Connecticut Residents
• Opt out of targeted advertising: You have the right to opt of “Targeted Advertising” by clicking here.
• Consent to process sensitive data: Under Connecticut law, you may consent to allow Yardbird to process your sensitive data. Yardbird may ask your permission to collect and process your precise geolocation data, which Connecticut law defines as sensitive data, from your device to provide you services such as locating the nearest showroom. You can grant this consent in your browser or device settings and you may revoke it at any time.
• Appeal a refusal to take action: Connecticut law requires that we establish a process for a consumer to appeal our refusal to take action on certain requests. You may contact us as described below to appeal. If you are not satisfied with the outcome of that process, you may contact the Connecticut Attorney General to submit a complaint.
Utah Residents
Opt Out of Targeted Advertising: You have the right to opt out of “Targeted Advertising” by clicking here.
Other Options not Relevant: We do not sell personal information as “sale” is defined under Utah law.
Virginia Residents
• Opt out of targeted advertising: You have the right to opt of “Targeted Advertising” by clicking here.
• Appeal a refusal to take action: Virginia law requires that we establish a process for a consumer to appeal our refusal to take action on certain requests. You may contact us as described below to appeal. If you are not satisfied with the outcome of that process, you may contact the Virginia Attorney General to submit a complaint.
• Opting out of the processing of sensitive data: Under Virginia Law, you have the right to opt out of the processing of sensitive data. Yardbird may process your precise Geolocation Data, as that is defined in Virginia law, to provide services to you, including locating a showroom. You may opt out of our processing this information by adjusting the settings in your device or browser settings.
• Other options not relevant. We do not sell personal information as “sale” is defined under Virginia law. We do not knowingly process “sensitive data” concerning Virginia residents, as defined under Virginia law, other than as previously described, unless required as a matter of law.
How to submit a request
To submit an access request, call us at 877.927.2846 or email us at hello@yardbird.com
To submit a deletion request, call us at 877.927.2846 or email us at hello@yardbird.com
Do not sell or share my information
A do not sell or share my information request will cause us to take actions designed to stop cross-context behavioral advertising, which mean our attempt to place advertisements intended for you on others’ digital properties. You may click the link in the section related to your state
of residence above, or opt out here and enter the information requested. It may take up to 15 days to process your request.
Please note you may still see advertisements from Yardbird when you are online. For example, if you search for outdoor furniture, you may see an advertisement intended for anyone using that search engine to find outdoor furniture, but it has nothing to do with information we have shared with the search engine provider.
How does my opt out choice work?
When you click the link to “Do not sell or share my personal information,” we will place an opt-out cookie in your browser that prevents your personal information from being made available from this website to third parties for their own use, independent of Yardbird. This cookie is only placed in this browser, in this device, so if you access Yardbird from multiple devices, you will need to opt out in each browser on each device that you use. Similarly, if you clear your cookies from your browser or obtain a new device, you will need to opt out again.
If you complete the form to opt out of customer data sharing, we will remove your personal information from the data we share with third parties for cross context behavioral advertising. We may still share your
personal information as described in this policy, such as to fulfill services
you have requested or to comply with other laws.
Global privacy control
If you have enabled Global Privacy Control, we will recognize the GPC signal as a Do Not Sell request. We will treat that request in the same manner as if you hit the “Do not sell or share my personal information
button on this website.
Verification of requests
To help protect your privacy, maintain security, and prevent unauthorized access to your personal information, we will take steps to verify your identity before completing your request. We may use automated email reply systems or ask you to verify information in your profile to establish your identity and authority to make a request. If you designate an agent to make a request on your behalf, we may require written authorization from you to prior to our providing information to your agent and we may require you to verify your own identity prior to providing such written authorization.
Additional information
If you choose to exercise any of your rights under your state’s law, you have the right to not receive, and will not receive, discriminatory treatment from us. We may charge a reasonable fee to comply with
your request, to the extent permitted by law.
You may obtain this notice in alternative formats upon request. Please contact us at 877.927.2846 or hello@yardbird.com to request a copy in an alternative format.