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Brinker + Eliza Privacy Policy

Effective Date: November 16, 2022

Brinker & Eliza, LLC, its affiliates, subsidiaries, and its successors in interests (collectively, “Brinker + Eliza”, “us”, “we”, or “our”) respects your right to privacy and is committed to informing you about how we collect and use your information. This Privacy Policy (“Privacy Policy”) describes how we collect, use, store, process and share your personal information when you visit our website https://brinkerandeliza.com/ (“Site”), the consumer services offered via the Site, and through our interactions offline, if any, with you, where this Privacy Policy is posted. It does not apply to information collected by other means. If you have questions about this Privacy Policy and any of our privacy practices described below, please refer to the end of this Privacy Policy for information on how to Contact Brinker + Eliza.

Please read this Privacy Policy carefully to understand our privacy practices and how we collect and treat your information. By using our Site, purchasing our products and using our services,  you agree that in addition to agreeing to the terms and conditions of our Terms of Use, you have read, understood, and are accepting to the privacy practices described in this policy and our collection, use and disclosure of your personal information described below. Our Privacy Policy may change from time to time. Your continued use of the Site after we make such changes is deemed to be acceptance of those changes, so please check our Privacy Policy periodically for updates. 

Please note, in some instances, we may direct you to a site that is operated by a third-party service provider or advertiser. Even though the page where you provide information may provide you with content and information that is similar to our Site, a different privacy policy may govern the information collected by our third-party service provider or advertiser.

Be aware that certain portions of our Site may operate differently. Some have additional terms that supplement this policy. Others refer to a different privacy policy altogether, so this one does not apply. We have provided you with links below to help you navigate to specific sections of this Privacy Policy, but we recommend you read this policy its entirety before using our Site.

  1. Information We Collect And How We Collect It
  2. How We Use The Information We Collect From You
  3. When and Why We Share Your Information 
  4. Interactions With Social Media Platforms. 
  5. Privacy of Minors
  6. Communications, Preferences & Access
  7. Links to Third-Party Websites
  8. Shopify
  9. Data Security
  10. International Transfers of Personal Information
  11. Changes to Our Privacy Policy
  12. Contact Brinker + Eliza
  1. INFORMATION WE COLLECT AND HOW WE COLLECT IT.

Information You Provide to Us. You generally are not required to provide information about yourself when you visit the Site. We may collect some or all of the following types of information while you are making a purchase or signing up for a subscription to our Site:

  • Contact information, such as your name, e-mail address, postal address, and telephone number; 
  • Financial information, such as credit/debit card or other payment information;
  • Communications and marketing preferences;
  • Search queries on the Site;
  • Correspondence, waivers or acceptances and other information that you send to us;
  • Product History such as information about your orders when you add items to your online cart;
  • Any personal communications that you or a third party voluntarily submit to us in any form, including email, postal mail, online form, or notes added to your order at checkout may be collected and saved indefinitely in a profile specific to you. 
  • Additional information as otherwise described to you in this Privacy Policy, at the point of collection, or pursuant to your consent.

Information We Collect Automatically. We may also collect certain information automatically through our service providers, including information about your visit and use of the Site. This information may include your IP address and the location of your IP address, product search history, type of browser and operating systems uses, date and time you access the services, pages you visit and, to the extent you came to our Site from another website, the address of that website.

Information from third parties. We may get information about you from third parties. For example, our vendors and business partners may give us information about you. Social media platforms may also give us information about you.

Information collected through cookies, web beacons, and other tracking tools. Pages of our website and our direct messaging to you (e.g. promotional email correspondence) may contain small electronic text files known as “cookies” that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions. We may also use small electronic files known as “web beacons” (also referred to as clear gifs, pixel tags and single-pixel gifs), which are an invisible graphic on a web page to provide us with certain statistical, non-personally identifiable information to help analyze Site usage and other considerations (e.g. the frequency of use of particular parts of our website by our customers). Information we may collect using web beacons and similar technologies will be in aggregate form only and will not contain your personal information. You may refuse to accept web beacons and similar technologies by activating the appropriate setting on your browser. Learn more about these tools, and how you can control them, in the Communications, Preferences & Access section below.

  1. HOW WE USE THE INFORMATION WE COLLECT FROM YOU. 

We may use information that we collect from you for a variety of purposes, including to:

  • Ship orders of merchandise you have purchased via the Site;
  • Respond to correspondence that we receive from you;
  • Contact you via email, phone or otherwise about your subscription or transactions (e.g. we may use your contact information to send you a receipt of your purchase) and send information about features, enhancements and new merchandise;
  • Communicate about changes to our policies;
  • Maintain or administer the Site, perform business analyses, or for other internal purposes, to improve the quality of our business, our products and services we offer;
  • Market our products to you, including providing you with information about new products and special offers. We might also use your information to target and serve you ads about products and offers. These ads may appear on other websites or platforms. (To learn about your choices for these communications, read the Communications, Preferences & Access section below.)
  • Customize and personalize your use of the Site, including providing you with targeted advertising, saving products that you add to your shopping cart on the Site, or providing recommendations based on your preferences;
  • Send our newsletter, offers or promotions for our products, services or special events;
  • Administer contests, sweepstakes, promotions, or surveys
  • Protect or enforce our legal and contractual rights, including in order to enforce our Terms of Use and prevent fraud; 
  • Detect, investigate, and prevent activities that may violate our policies or be illegal, and
  • As otherwise described to you in this Privacy Policy, at the point of collection, or pursuant to your consent.
  1. WHEN AND WHY WE SHARE YOUR INFORMATION

We may share your personal information with third parties for the purposes described above, as follows:

  • Service Providers: We may allow our service providers, who perform business services on our behalf to collect, access, store and process your information in order to provide those services. These service providers may include payment processors, such as Shopify. Such business services may also include fulfillment of online orders, management of databases, performance analyses, processing of credit/debit card payments, providing customer service, shipment of merchandise, or sending  communications for us. For more information about how Shopify uses your information, please visit the Shopify Privacy Policy.  
  • Third Parties. We may share information with third parties for their marketing purposes. These third parties may include our retail partners. We may share email addresses or other information with social media platforms and partners so they can serve our advertising on their platforms. Personal information received by these companies may also be subject to their privacy policies. These third parties may also share your information with others. These third parties may use the information for their own marketing purposes or the marketing purposes of others. This may include the delivery of interest-based advertising.
  • Business Transfer: If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a negotiation, merger or business transfer, or in the event of our bankruptcy or dissolution, we may disclose or transfer your personal information as part of such transaction. In those circumstances we would try, to the extent possible, to require the acquiring party to follow the practices as described in this Privacy Policy (as amended from to time to time). Despite these efforts we cannot guarantee that an acquiring party or merged entity will have the same privacy practices or treat your personal information as described in this Privacy Policy. 
  • Development of the Site, Other Analysis: We analyze data on our users’ subscription, purchase, and usage behaviors. This helps us to make business and marketing decisions, using providers such as Google and Shopify. For example, our analysis lets us predict preferences and price points for our products. It helps us to determine whether our marketing is successful. 
  • Administrative or Legal Process: We may disclose your information to third parties in order to:
    • Protect the legal rights, safety, and security of Brinker + Eliza, our corporate affiliates, subsidiaries, business partners, and the users of our Site and services; enforce our Terms of Use; 
    • Respond to and resolve claims or complaints; 
    • Prevent fraud or for risk management purposes; and 
    • Comply with, or respond to, law enforcement or legal processes, or a request for cooperation by a government or other entity, whether or not legally required.
  • Other Parties With Your Consent: We may share information with third parties when you consent to or direct such sharing.
  • Aggregate Information (De-Identified Data): Sometimes, we aggregate or de-identify information so that it can no longer identify you, under applicable laws and regulations. We may share aggregated information, such as usage statistics, with advertisers, sponsors or other organizations. This helps us to better understand and represent our users, such as when we measure ad performance, create advertising interest-based segments or compile survey results. We can use and disclose this aggregated or de-identified information for any purpose, unless such use is prohibited by applicable law.
  • Location Information: We may share location information like your zip code, city or country with our service providers that perform certain functions or services on our behalf. We do not collect or share your precise geolocation information. 

Note that we may disclose aggregated de-identified information, as described above, about our users, and information that does not identify any individual, without restriction, unless otherwise prohibited by applicable law.

  1. INTERACTIONS WITH SOCIAL MEDIA PLATFORMS

We may include applications on the Site from third-party social media platforms, which allow users to interact with and/or share content, or like our posts on these platforms. Your interaction with these third-party platforms normally allows them to collect some information about you through cookies or other tracking technologies they place on your device. In some instances, these platforms may place cookies on our Site that allow it to recognize you even when you do not interact with their program. Please visit these third-party platforms’ respective privacy policies to learn more about their data collection practices and your privacy rights and controls they make available to you when you interact with such platforms. 

  1. PRIVACY OF MINORS

The Site is not intended for children under the age of 13. No one under the age of 13 may provide any personal information to or on the Site. We do not knowingly collect, use or disclose personal information from children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13, without verification of parental consent, we will make reasonable efforts to delete such information from our records. If you believe we might have any information from or about a child under 13, please contact us at customercare@brinkerandeliza.com.

  1. COMMUNICATIONS, PREFERENCES & ACCESS

You can opt out of receiving our marketing communications. You may choose to receive promotional emails, newsletters, text messages, and similar communications from us. You may opt out of receiving commercial emails from us by clicking on the “opt-out” or “unsubscribe” link included in the commercial e-mails you receive. You may opt out of text messaging by following instructions included in a text message from us. Please note that opt-out requests may take some time to be effective. Your opt-out request will not apply to messages that you request or that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial email messages.

You can control certain cookies and tracking tools. To learn how to manage how we – and our vendors – use cookies and other tracking tools, and to read our Do Not Track policy, please click here.

  1. LINKS TO THIRD PARTY WEBSITES

The Site may contain links to other websites or online services that are operated and maintained by third-parties and that are not under our control or maintained by us. For example, when you use our Site you may enter certain billing information through our payment processor in order for us to fulfill your orders. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to these third-party sites, services, or content. We encourage you to review the privacy policies of those third-party sites or services.

  1. SHOPIFY

Our Site is hosted by Shopify, Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. For more information about how Shopify uses your information, please visit the Shopify Privacy Policy.   

  1. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website or through the Site. Any transmission of personal information is at your own risk and you understand that there security and privacy limitations which are beyond our control. 

  1. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Brinker + Eliza is headquartered in the U.S. In addition, our Site is hosted in the U.S. and the information we collect is governed by U.S. law. However, our Site may be accessed by international visitors and depending on your location we may ship orders made via the Site internationally. If you are located outside of the U.S. and you are accessing the Site from outside of the U.S., please be aware that information collected through the Site may be transferred to, processed, stored, and used in the U.S. and other jurisdictions, and made accessible by our affiliates and our third party services providers (e.g. our third-party service providers that collects your shipping and other contact information to assist us with fulfilling your orders). Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Site or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your personal information about you in the U.S. and other jurisdictions as set out in this policy. 

  1. CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page. We will also notify you (for example, by email) of any material changes to our Privacy Policy as required by law. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes.

  • CONTACT BRINKER + ELIZA
  • If you have any questions or comments about this Privacy Policy and our privacy practices, please contact us by sending an email to customercare@brinkerandeliza.com