Privacy

Privacy policy

  1. Introduction
    1. We are committed to safeguarding the privacy of our website visitors and customers.
    2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and customers; in other words, where we determine the purposes and means of the processing of that personal data.
    3. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
    4. Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and save your co-ordinates for future purchases. You can access the privacy controls when completing a purchase and checking out.
    5. In this policy, “we”, “us” and “our” refer to YHM Designs (www.yhmdesigns.ca). For more information about us, see Section 14.
    6. We encourage users to read our privacy policy carefully and contact us with any questions or concerns. For contact information, see Section 14.
  2. Credit
    1. This document was created using a template from SEQ Legal (https://seqlegal.com/free-legal-documents/privacy-policy).
  3. Consent
    1. By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  4. How we use your personal data
    1. In this Section 4 we have set out:
      1. the general categories of personal data that we may process;
      2. the purposes for which we may process personal data; and
      3. the legal bases of the processing.
    2. We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, time zone, internet service provider, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services and screening for potential risk or fraud. We refer to this automatically-collected information as “Device Information.” The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
    3. We collect Device Information using the following technologies:
      1. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
      2. “Log files” track actions occurring on our website, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.
      3. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the website.
    4. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details (including name, e-mail address, billing address, shipping address and phone number), your credit card details and the transaction details. The source of the transaction data is you and/or our payment services provider. The transaction data may be processed for the purpose of screening orders for potential risk or fraud, supplying the purchased goods and services, and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
    5. We may process your account data (“account data”). The account data may include your name and e-mail address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
    6. We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, and e-mail address. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent.
    7. We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
    8. We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
    9. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
    10. We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is consent.
    11. We do not alter our website’s data collection and use practices when we see a Do Not Track signal from your browser.
    12. Please do not supply any other person's personal data to us, unless we prompt you to do so.
  5. Providing your personal data to others
    1. We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found at https://greatembassy.com.
    2. We may disclose your name, address, telephone number, and e-mail address to our suppliers insofar as reasonably necessary for completing transactions and fulfilling orders.
    3. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
    4. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
    5. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. Your credit card information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Although no method of transmission over the Internet or electronic storage is 100% secure, Shopify follows all PCI-DSS requirements and implements additional generally accepted industry standards. The standards set by PCI-DSS are managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Shopify works with Stripe to provide the Shopify Payments service, and both Shopify and Stripe may collect or receive certain personal data about you. For more information about Shopify's privacy practices, you should review https://www.shopify.com/legal/privacy and for more information about Stripe's privacy practices, you should review https://stripe.com/us/privacy.
    6. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors (including Google Pay, Apple Pay and PayPal), have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
    7. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
    8. In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
    9. We may process your device information and personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. 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 can opt out of targeted advertising at the following links:
      1. Facebook - https://www.facebook.com/settings/?tab=ads
      2. Google - https://www.google.com/settings/ads/anonymous
      3. Bing - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
      Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
  6. International transfers of your personal data
    1. In this Section 6, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
    2. We and our other group companies have offices in Canada.
    3. The hosting facilities for our website are situated in the United States and Canada.
    4. The product supplier is situated in the United States, Mexico and Latvia.
    5. The YHM Designs Partnership Program uses the Affiliatly platform for program management. Affiliatly is situated in Bulgaria, and you can consult their policies here:
      1. privacy policy: https://www.affiliatly.com/legal-privacy
      2. terms of service: https://www.affiliatly.com/legal-tos
      3. cookie policy: https://www.affiliatly.com/legal-cookie-policy
    6. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
  7. Retaining and deleting personal data
    1. Personal data that we process for any purpose will be retained unless and until you ask us in writing to delete this information.
    2. We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  8. Amendments
    1. We may update this policy from time to time by publishing a new version on our website.
  9. Your rights
    1. In this Section 9, we have summarized the rights that, if you are a citizen of the European Union, you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
    2. Your principal rights under data protection law are:
      1. the right to access;
      2. the right to rectification;
      3. the right to erasure;
      4. the right to restrict processing;
      5. the right to object to processing;
      6. the right to data portability;
      7. the right to complain to a supervisory authority; and
      8. the right to withdraw consent.
    3. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
    4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
    5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
    6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
    7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
    8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
    9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
    10. To the extent that the legal basis for our processing of your personal data is:
      1. consent; or
      2. that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
      and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
    11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
    12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
    13. You may exercise any of your rights in relation to your personal data by written notice to us.
  10. About cookies
    1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
    2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
    3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
  11. Cookies that we use
    1. Here is a list of cookies that we use. We have listed them here so you that you can choose if you want to opt-out of cookies or not.
      1. _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
      2. _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
      3. _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
      4. cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
      5. _secure_session_id, unique token, sessional
      6. storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
      7. PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
  12. Cookies used by our service providers
    1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
    2. We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://policies.google.com/privacy.
    3. You can opt-out of Google Analytics at: https://tools.google.com/dlpage/gaoptout.
  13. Managing cookies
    1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies from the browser providers.
    2. Blocking all cookies will have a negative impact upon the usability of many websites.
    3. If you block cookies, you will not be able to use all the features on our website.
    4. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  14. Our details
    1. This website is owned and operated by YHM Designs.
    2. We are registered in Canada.
    3. You can contact us by e-mail at yhm@yhmdesigns.ca.
  15. Data protection officer
    1. Our data protection officer's contact details are yhm@yhmdesigns.ca.