CCPA Privacy Policy
Privacy Policy
Our Privacy Policy was last updated on October 4, 2023.
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy was generated by TermsFeed CCPA Privacy Policy Template.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
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"Account" means a unique account created for You to access our Service or parts of our Service.
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"Business", for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
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"Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Broidr
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"Country" refers to Belgium.
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"Consumer", for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
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"Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
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"Data Controller", for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
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"Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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"Do Not Track" (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
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"Personal Data" is any information that relates to an identified or identifiable individual.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
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"Sale", for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
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"Service" refers to the Website.
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"Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
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"Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
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"Website" refers to Broidr , accessible from https://f18e17.myshopify.com
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"You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
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Email address
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First name and last name
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Phone number
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Address, State, Province, ZIP/Postal code, City
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Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
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Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
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Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
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Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
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Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
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To provide and maintain our Service, including to monitor the usage of our Service.
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To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
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For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
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To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
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To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
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To manage Your requests: To attend and manage Your requests to Us.
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For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
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For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
CCPA Privacy
This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
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Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
Collected: Yes.
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Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: 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.
Collected: Yes.
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Category C: Protected classification characteristics under California or federal law.
Examples: 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).
Collected: No.
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Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
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Category E: Biometric information.
Examples: 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.
Collected: No.
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Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
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Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
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Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
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Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
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Category 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)).
Examples: 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.
Collected: No.
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Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include:
- Publicly available information from government records
- Deidentified or aggregated 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
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
- Indirectly from You. For example, from observing Your activity on our Service.
- Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
- From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:
- To operate our Service and provide You with our Service.
- To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
- To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.
If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial 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.
Sale of Personal Information
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the following categories of third parties:
- Service Providers
- Payment processors
- Our affiliates
- Our business partners
- Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.
We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
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The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
- The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purpose for collecting or selling that personal information
- The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about You
- If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
- The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
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The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, 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 Providers to:
- 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, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- 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.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
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The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
- By visiting this page on our website: https://f18e17.myshopify.com
- By sending us an email: hello@broidr.com
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us 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 the required information if we cannot:
- Verify Your identity or authority to make the request
- And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.
For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
Website
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
- The NAI's opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA's opt-out platform http://www.youronlinechoices.com/
- The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Mobile Devices
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
- "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
- "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By visiting this page on our website: https://f18e17.myshopify.com
- By sending us an email: hello@broidr.com
Sales Terms and Conditions for BROIDR:
- GENERAL
1.1. Any order of products placed with Broidr is exclusively governed by the terms and conditions hereunder. As a result, the placing of an order implies the full and unconditional acceptance by the client of these terms and conditions. No derogation from them may be taken into account unless it is the subject-matter of a written agreement emanating from Broidr. These terms and conditions prevail over any and all terms provided for in the documents of the client.
1.2. Broidr reserves the right to modify these terms and conditions. They shall be applicable to any order placed by the client after communication to the latter of the modified terms and conditions.
1.3. Broidr offers its clients blank products as presented in its catalogue (hereinafter ‘Blank Products’) but also decorated products appearing in its catalogue (hereinafter ‘Decorated Products’) and products that are made to order (hereinafter ‘MTO Products’). The Decorated Products and MTO Products are collectively referred to as ‘Customised Products’.
2. QUOTE and (PRE-PRODUCTION) SAMPLE FOR CUSTOMISED PRODUCTS
2.1. Any order of Customised Products must be the subject-matter of a preliminary quote issued by Broidr. This quote bears a reference number that will be included in all subsequent communications between parties. The attributes, specifications and quality of the products covered by the quote that have not been expressly agreed upon (typeface and colours of the decoration, layout, products, etc.) are freely chosen by Broidr.
2.2. For Decorated Products, Broidr will provide the client with a pre-production sample of the artwork on the basis of which the parties will determine together all the specifications of the Decorated Product that the client wishes to order.
2.3. For MTO Products, Broidr will provide the client with one or more samples on the basis of which the parties will determine all the specifications of the MTO Product that the client wishes to order. These specifications will be detailed in a document entitled ‘Technical Specifications’, which will notably refer to the sample chosen (‘Reference Sample’). The client may provide comments or annotations on certain aspects of the Reference Sample (colours, accessories, printing, etc.) insofar as they are expressed in a clear and measurable manner. These modifications/annotations shall in turn be included in the Technical Specifications of the MTO Product as deviating from the Reference Sample.
2.4. The quote serves the purpose of providing the client with a first estimate of the price (VAT excluded) of the Customised Product ordered, on the basis of the Technical Specifications and estimated development and production costs where applicable. Expenses for samples, trials, projects and/or clichés and photographs of the Customised Products as well as associated expenses (e.g. transport cost) will be invoiced to the client.
3. ORDERING PRODUCTS – ENTERING INTO AN AGREEMENT
3.1. Broidr's product catalogue and descriptions do not constitute a binding offer. Simply filling out the order form is not enough to establish a sales contract.
3.2. Broidr reserves the right to reject an order if the information provided by the client during the ordering process is incorrect, incomplete, or outdated. Broidr is not obligated to provide the client with the reasons for refusing the order.
3.3. The sale is only considered final once the client receives an Order Confirmation from Broidr. For Decorated Products, the approval of a pre-production sample signed by the client will serve as the Order Confirmation. For Made-to-Order (MTO) Products, the acceptance of the Technical Specifications by the client will serve as the Order Confirmation.
3.4. The Order Confirmation will include:
3.4.1. The price for the ordered quantity;
3.4.2. A complete description of the products ordered, including any Technical Specifications, references to the Reference Sample, and any modifications approved by Broidr;
3.4.3. Delivery time;
3.4.4. Payment methods.
3.5. For Customised Products, the client acknowledges that the prices listed in the Order Confirmation may differ from the initial quote if essential elements of the quote were modified, such as the quantity ordered, technical requirements, or delivery time.
3.6. After receiving the Order Confirmation from Broidr, no further changes to the order can be requested. If Broidr accepts a modification request after the Order Confirmation has been dispatched, the client must place a new order, cancelling the previous one. Broidr is entitled to reimbursement from the client for expenses incurred as a result of cancelling the initial order.
3.7. For Customized Products, the client acknowledges that production will only commence once Broidr receives the down payment and any necessary bank guarantees for the balance, as specified in Article 11 of these terms and conditions.
4. DESCRIPTION OF GOODS TO BE DELIVERED
4.1. The products delivered will match the characteristics specified in the Order Confirmation. Broidr will implement the size, weight, shades, percentages, colours, etc. as accurately as possible, subject to ordinary deviations. Regarding quantity, Broidr is authorised to deliver up to 10% more or less than the ordered quantity, invoice the delivered quantity, and receive payment accordingly. For customised Products that require complex or elaborate finishing, this tolerance is set at 20%. Differences in size, weight, quantity, shades, percentages, colours, etc. that fall within these tolerance thresholds do not affect the legal validity of the order and do not entitle the client to cancel the contract, withhold payment, request price reductions or indemnities, or refuse the products at Broidr's expense.
4.2. Broidr may slightly modify the specifications of the products to be delivered after informing the client if factors beyond Broidr's control, such as a supply interruption by the manufacturer, make it impossible to deliver the order exactly as specified.
4.3. The quality standards applied to the products in the catalogue, whether Decorated or Blank, and to MTO Products comply with international standards accepted by Broidr and are specified in the annex to the Technical Specifications for MTO Products.
5. SALES PRICE
5.1. The sales prices listed on the Order Confirmation are applicable. Unless otherwise stated, they are listed in EURO, excluding VAT, and do not include delivery costs.
6. DELIVERY
6.1. Delivery times provided are estimates and subject to change. Broidr shall not be held liable for any penalties or indemnities arising from any delay in delivery, nor shall it be a justifiable reason for the client to cancel the order.
6.2. Broidr reserves the right to refuse any delivery or new orders if the client fails to meet any of their obligations to Broidr, such as payment, regardless of the reason for such non-compliance. Broidr is not obliged to restock any items or retake stock of Broidr products from the client.
6.3. Unless otherwise agreed upon between the parties, Blank and Decorated Products will be delivered ex-factory (Ex Works), while MTO Products will be delivered to the client’s address (DDP = Delivery Duty Paid).
6.4. Transport costs are borne by the client and will be indicated in the Order Confirmation. If the products ordered need to be delivered to a country other than the one in which the order was placed, the client is considered the importer and must comply with the laws and regulations of the country of delivery.
7. RETENTION OF TITLE
7.1. Broidr retains ownership of all products delivered until full payment of the price, including products not yet paid for, has been received.
7.2. The price includes transport costs related to the sale, VAT, and any default interest or indemnities due to late or non-performance of the contract.
7.3. If the client fails to make payment by the due date, Broidr may demand return of the products, which will be at the client’s expense and risk. All unpaid stock is presumed to be in the client's possession. Broidr products are fungible property, which means that the retention of title clause may be enforced for all goods similar to the unpaid ones that are in stock on the client's premises.
7.4. If the products are not returned, the client will be liable for a monthly indemnity of 12% of the price of the products per month of possession, which will be set off against any down payments.
7.5. The client assigns to Broidr the right to recover any debt owed to the client as a result of resale, on credit, of the products whose purchase price has not yet been paid to Broidr at the time of such resale. To enable the enforcement of this assignment by notification to the transferred debtor, the client authorises Broidr to examine its account books, invoice registers, order books, and other relevant administrative, financial, and accounting documents.
8. TRANSFER OF RISK
8.1. The risk of partial or total loss or damage to the products is transferred to the client on the day they are made available, whether or not the client takes delivery of them.
9. CLAIMS
9.1. The client is required to check or obtain verification of the products delivered at the time of taking delivery. Claims must be made in writing to Broidr by registered letter within three calendar days of taking possession of the products, whether by the client or a third party. After this timeframe, the products shall be deemed to be accepted by the client.
9.2. Claims cannot be used to delay payment of the invoice. Broidr will only accept a return of products after prior written request and consent. Expenses for returning goods organised by the client without prior written consent of Broidr shall not be taken into account.
9.3. Any claim concerning the invoice must be made by registered letter within 8 calendar days of the invoice date, failing which the invoice will be deemed to be accepted.
10. LIABILITY
10.1. If Broidr recognizes that one of its products is defective, Broidr shall replace the defective product with a similar product of the same value. If such replacement is not possible, Broidr will reimburse the client for the defective product as soon as possible. Under no circumstances shall Broidr's liability exceed this replacement or reimbursement. Broidr shall not be liable for any indirect loss or damage of any nature whatsoever. Due to the nature and composition of the products and their production in large quantities, tolerances are allowed for differences in size, shade, color, and finishing. A product shall not be replaced if the defect appears in 5% or less of the total number of products covered by the order.
10.2. Products that have been modified by the client or a third party will not be replaced or reimbursed. The client acknowledges that they cannot remove Broidr's distinguishing marks from the products, such as labels bearing Broidr's trade marks or size labels, unless expressly agreed upon in writing by Broidr.
11. TERMS OF PAYMENT
11.1. Unless otherwise indicated on the invoice, invoices are payable in cash upon delivery without any discount. If a discount for cash payment has been deducted from the invoice, it is to be paid by the due date indicated on the document. If the client pays the invoice more than 6 calendar days after the due date, Broidr reserves the right to re-invoice the client for all or part of the discount unduly deducted based on the number of days of delay compared to the effective due date or set a new due date to 30 days after invoicing. In the latter case, Broidr shall re-invoice the client for the whole of the discount unduly deducted.
11.2. Unless otherwise agreed upon in writing between the parties, customized products shall be invoiced according to the following schedule:
- A down payment upon dispatch of the order confirmation by Broidr; The balance upon delivery of the customized products.
- As a guarantee of payment of the balance of the order, Broidr may request a bank guarantee from the client.
11.3. The client acknowledges that Broidr will only launch production of a customized product after receiving:
- The down payment
- A possible bank guarantee for payment of the balance, duly filled in.
Any delay in payment of the down payment and/or communication of the aforementioned guarantee shall automatically result in a delay in the delivery of the ordered products that is not attributable to Broidr.
12. DELAY IN PAYMENT
12.1. In case of delay in payment, Broidr's clients shall automatically owe Broidr late payment interest at a rate of 8% per annum as from the due date of the invoice, to be increased with a lump sum indemnity of 10%, with a minimum of 60 EUR, for administrative expenses.
12.2. Non-payment by the due date of a single invoice will automatically render all other invoices immediately payable, whether they are due or not. Broidr shall be entitled to request payment guarantees at any time. In the absence of receipt of the guarantees indicated, Broidr shall be entitled to delay delivery of the pending orders or to cancel them. All direct or indirect expenses linked to non-compliance with the term for payment, such as for instance additional delivery costs, will be borne by the client.
12.3. Independently of the interest and indemnities referred to above, any payment that is refused or returned by the client's financial institution for any reason will automatically give rise to an indemnity of 30 EUR, and any payment that remains unpaid on the due date will automatically give rise to an indemnity of 55 EUR. Unless otherwise agreed upon between the parties, bank transfer expenses are borne by the client.
13. FORCE MAJEURE – EXONERATION
13.1. The term of delivery of the products is extended by a period corresponding to the period during which Broidr is prevented from complying with its obligations due to force majeure.
13.2. Force majeure is any event beyond the reasonable control of Broidr and that influences performance of its obligations, including, but not limited to, natural disasters, riots, war and military operations, national or local emergency situations, acts or omissions by public authorities, commercial disputes of any nature whatsoever, worker actions, fire, floods, lightning, explosions, breakdown/collapse as well as any act or omission by a person or entity that is beyond the reasonable control of Broidr, notably by third parties from which it obtains its supplies.
13.3. If the delivery time of the products is delayed by more than 6 weeks as a result of a force majeure event, both Broidr and the client shall have the possibility of cancelling the order, in whole or in part, without the client being entitled in any way to any indemnity. Broidr will nevertheless be entitled to compensation for expenses incurred, including product development costs where applicable (MTO Product).
13.4. In the event of the occurrence of unforeseen circumstances during performance of the order, Broidr may request an extension of the term of performance and/or a revision of the order, including one of the prices set, if said circumstances render performance of the order, in whole or in part, more difficult and/or more expensive. Where applicable, the parties shall meet to discuss in good faith the adjustments to be made to the order for it to remain advantageous for both parties.
14. CANCELLATION OF ORDER
14.1. Any cancellation of an order by the client must be made in writing. In the case of cancellation of an order not justified by a force majeure event (see below), the client shall owe a lump-sum indemnity equal to:
- for Blank Products: 20 % of the total amount of the order, increased with transport costs incurred by Broidr;
- for Customised Products: if cancellation occurs prior to production launch of the Customised Product: the amount of the down payment and in any event 30% of the total amount of the order; if cancellation occurs after production of the Customised Product has launched: 100% of the total amount of the order.
14.2. Subject to written notice to the client, Broidr shall be entitled to cancel the order if the client remains in breach, by the end of the relevant term, of (i) payment of the down payment and/or (ii) communication of the bank guarantee for payment of the balance. In such case, Broidr shall be entitled to claim payment by the client of the lump-sum indemnity provided for under Article 14.1, without prejudice to the right to claim a greater indemnity for the actual damage or loss that it proves it has incurred.
15. INTELLECTUAL PROPERTY – ILLUSTRATIONS
15.1. Notwithstanding any provision to the contrary, each and every element that is protected, developed, created or acquired by Broidr prior to the making of the Customized Products or that Broidr will create or acquire upon the making of the Customized Products or in any other manner whatsoever is and shall remain the exclusive property of Broidr.
15.2. Broidr undertakes to remove or anonymize any information or data relating to the client before reusing any element that is protected, created or acquired at the occasion of the making of the Customized Products.
15.3. The client freely chooses the illustrations/distinguishing marks that it wishes to see featured on the MTO Product. It has sole responsibility for such choice and warrants that these illustrations/distinguishing marks:
15.3.1. – do not infringe upon rights belong to third parties;
15.3.2. – are not in contradiction with the Broidr values (sustainability and quality);
15.3.3. – do not have any false or misleading content;
15.3.4. – do not contain any elements that are contrary to public policy (ordre public) and morality;
15.3.5. – do not violate any applicable legal or regulatory provision.
15.4. Broidr shall be entitled to refuse to include on the Customized Products any illustrations/distinguishing marks that do not meet the aforementioned requirements.
15.5. The client undertakes to fully indemnify Broidr for any and all expenses and indemnities whatsoever (including lawyers’ fees) at its expense and resulting from complaints and/or proceedings filed by third parties on grounds of infringement of their intellectual property rights or of their rights of personal portrayal and/or on grounds of damage/ loss caused to them by non-compliance by the client of the aforementioned requirements.
16. APPLICABLE LAW AND JURISDICTION
16.1. These terms and conditions and the contracts to which they apply are exclusively governed by Belgian law, with the exception of private international law rules and of the Vienna Convention on the international sale of goods.
16.2. The courts of Brussels shall have exclusive jurisdiction over any dispute between the parties with respect to these terms and conditions and to the contracts to which they apply. Broidr shall nevertheless have the right to apply to another court if it deems so appropriate.
16.3 If there is a clause regarding applicable law and jurisdiction in the framework contract between Broidr and the client, it will take precedence over the clause stated in section 16.1 and 16.2 with respect to the interpretation, performance, and termination of that framework contract.
Privacy Policy
At Broidr, we prioritize your privacy. This policy outlines our practices concerning the gathering, usage, and sharing of your information through our services. By engaging with our services, you consent to the practices described in this policy. This policy has been structured with assistance from online privacy policy resources.
Terminology and Key Definitions
Understanding the Language:
Terms with initial capital letters in this policy are defined under specific conditions. These definitions remain consistent whether they are used in singular or plural forms.
For the purpose of this Privacy Policy:
- Account signifies a distinct account established for you to access our service or particular segments of our service.
- Company refers to Broidr, located at Avenue Louise 523, 1050 Brussels.
- Cookies are tiny files stored on your device by a website, which contain details of your browsing activity on that site.
- Country pertains to Belgium.
- Device refers to any mechanism that can access the service, including computers, cellphones, or tablets.
- Personal Data encompasses any details related to an identifiable person.
- Service pertains to the website.
- Service Provider denotes any person or entity processing data on behalf of the Company.
- Usage Data denotes data automatically collected.
- Website refers to the Broidr Website, accessible from https://broidr.com/
Data Types Gathered
Identifiable Information:
While utilizing our Service, we might prompt you to supply us with specific personally identifiable details. This can encompass Email address, First and last names, Phone number, Address, and more.
Data Regarding Service Usage:
This data can consist of details like your Device's Internet Protocol address and other diagnostic information.
Technologies for Tracking and Cookies
To monitor the activity on our Service and retain specific details, we use Cookies and comparable tracking technologies.
Purposes for Using Your Personal Data
Broidr might use your Personal Data for purposes like offering and maintaining our Service, managing your user account, contacting you, and providing you with news or offers about our services.
Duration of Personal Data Retention
We'll retain your Personal Data only as long as required for the objectives set out in this policy.
Protection of Your Personal Data
Your Personal Data's safety is crucial to us, but remember that no method is 100% secure.
Children's Data Protection
Our Service is not designed for anyone under 13 years old.
External Website Links
Our Service could have links to external sites not managed by us.
Privacy Policy Revisions
We might occasionally update our Privacy Policy. It's recommended to revisit this Privacy Policy periodically.
Getting in Touch
If you have any queries about this Privacy Policy, you can contact us at: info@broidr.com