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Last updated: January 16, 2025
This Privacy Policy describes how DesBerries LLC ("Site," "we," "us," or "our") collects, uses, and shares your personal information when you visit the site, use our services, make a purchase at desberries.com ("Site"), or otherwise communicate with us regarding the Site (collectively, the "Services"). For the purposes of this Privacy Policy, "you" and "your" refer to you, the user of the Services, whether you are a customer, a website visitor, or another person whose information we collect in accordance with this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you consent to the collection, use, and sharing of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last Updated" date, and take other steps as required by applicable law.
How We Collect and Use Your Personal Information
To provide the Services, we collect personal information about you from a variety of sources, as described below. The information we collect and use varies depending on how you interact with us.
In addition to the specific uses described below, we may use the information we collect about you to communicate with you, provide or enhance the Services, comply with applicable legal obligations, enforce applicable terms of service, and protect or defend the Services, our rights, and the rights of our users or others.
What Personal Information We Collect
The types of personal information we obtain about you depend on how you interact with our Site and how you use our Services. When we use the term "personal information," we mean information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Information we collect directly from you
Information you send directly to us through our Services may include:
Contact information, including your name, address, phone number, and email address.
Order information, including your name, billing address, shipping address, payment confirmation, email address, and phone number.
Account information, including your username, password, security questions, and other information used for account security purposes.
Customer support information, including information you choose to contact us about, such as when sending messages through the Services.
Some features of the Services may require you to directly provide us with certain information about yourself. You can choose not to share this information, but doing so may prevent you from using or accessing those features.
Information We Collect About Your Usage
We may also automatically collect certain information about your interaction with the Services ("Usage Data"). We may use cookies, pixels, and similar technologies ("Cookies") to do this. Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address, and other information about your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including vendors and service providers who may collect information on our behalf, such as:
Companies that support our Site and Services, such as Shopify.
Our payment processors, who collect your payment information (e.g., bank account, credit or debit card information, billing address) to process your payment to fulfill your orders and provide you with the products or services you request, and to fulfill our contract with you.
When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we or third parties we work with may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. See also the section below, Third-Party Websites and Links.
How We Use Your Personal Information
Providing Products and Services. We use your personal information to provide you with Services, including processing your payments, fulfilling your orders, sending you notifications about your account, purchases, returns, exchanges, or other transactions, creating, maintaining, and otherwise managing your account, arranging shipping, facilitating returns and exchanges, and other features and functions related to your account. We may also enhance your shopping experience by enabling Shopify to pair your account with other Shopify services you may choose to use. In such cases, Shopify will process your information as described in our Privacy Policy and Consumer Privacy Policy.
Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as sending you marketing, advertising, and promotional communications via email, text message, or postal mail, and displaying advertisements for products or services. This may include using your personal information to better tailor our Services and to display advertising on our Site and other websites.
Security and Fraud Prevention. We use your personal information to detect, investigate, or take action regarding potential fraudulent, illegal, or malicious activity. If you choose to use the Services and register an account, it is your responsibility to keep your account information secure. We strongly recommend that you do not share your username, password, or other access information with anyone. If you believe your account has been compromised, please contact us immediately.
Communicating with You and Improving Services. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests to be accountable to you, provide you with effective services, and maintain our business relationship with you.
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies we use to power your store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to enhance and improve our Site and Services (including remembering your actions and preferences), conduct analytics, and better understand user interaction with the Services (for our legitimate interests in administering, improving, and optimizing the Services). We may also allow third parties and service providers to use Cookies on our Site to better tailor services, products, and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please note that removing or blocking Cookies may negatively impact your user experience and cause some Services, including certain features and general functionality, to malfunction or become unavailable. Furthermore, blocking Cookies may not completely prevent us from sharing information with third parties, such as our advertising partners.
How We Share Personal Information
In certain circumstances, we may share your personal information with third parties for contract fulfillment, legitimate purposes, and other reasons subject to this Privacy Policy. Such situations may include:
With vendors or other third parties who perform services on our behalf (e.g., IT administration, payment processing, data analytics, customer support, cloud storage, order fulfillment, and shipping).
With business and marketing partners to provide you with services and advertising. Our business and marketing partners will use your information in accordance with their own privacy notices.
With our affiliates or others within our corporate group, when you instruct, request, or otherwise consent to the sharing of certain information with third parties, such as sending you products or using social media widgets or login integrations, with your consent.
With our legitimate interests in running a successful business. In connection with a business transaction such as a merger or bankruptcy, to comply with all applicable legal obligations (including responding to subpoenas, search warrants, and similar requests), to enforce applicable terms of service, and to protect or defend the Services, our rights, our users' rights, or the rights of others.
We disclose the following categories of personal information and sensitive personal information about users for the purposes described in the sections titled "How We Collect and Use Personal Information" and "How We Disclose Personal Information":
Category | Recipient Categories |
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We do not use or share your sensitive personal information without your consent or for the purpose of inferring characteristics about you.
Third-Party Websites and Links.
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated with or controlled by us, you should review the privacy and security policies and other terms and conditions of those sites. We do not guarantee, and are not responsible for, the privacy or security of those sites, including the accuracy, completeness, or reliability of the information found on those sites. Information you provide in public or semi-public settings, including information you share on third-party social networking platforms, may be viewed by other users of the Services and/or users of those third-party platforms, without limitation on our or the third party's use. Our inclusion of such links does not, in itself, imply any endorsement of the content on those platforms or their owners or operators, except as described in the Services.
Children's Data
The Services are not intended for use by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with personal information, you may contact us using the contact information provided below to request deletion of that information.
As of the Effective Date of this Privacy Policy, we have no actual knowledge that we "share" or "sell" (as these terms are defined in applicable law) the personal information of individuals under the age of 16.
Security and Storage of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." Furthermore, information you send us may not be secure during transmission. We recommend that you do not use unsecured channels to transmit sensitive or confidential information to us.
How long we retain your personal information depends on various factors, including whether we need the information to maintain your account, provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable agreements and policies.
Your Rights
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute and may only apply in certain circumstances, and in certain circumstances, we may refuse your request, to the extent permitted by law.
Right to Access/Information: You may have the right to request access to the personal information we hold about you, including details of how we use and share your information.
Right to Erasure: You may have the right to request the erasure of the personal information we hold about you.
Right to Rectification: You may have the right to request that we correct any inaccurate personal information we hold about you.
Right to Portability: You may have the right to request a copy of the personal information we hold about you and, subject to certain conditions and certain exceptions, to request that this information be transferred to a third party.
Restriction of Processing: You may have the right to request that we stop or restrict our processing of your personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw that consent.
Objection: If we refuse to process your request, you may have the right to appeal our decision. You can do so by responding directly to our opt-out.
Managing Communication Preferences: We may send you promotional emails, and you can opt out of receiving them at any time by using the unsubscribe option displayed in the emails we send you. If you opt out, we may continue to send you non-promotional emails, such as those related to your account or orders you have placed.
You can exercise any of these rights in the locations indicated on our Site or by contacting us using the contact information provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you, such as your email address or account information, to verify your identity before providing a comprehensive response to the request. In accordance with applicable law, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require proof that you authorize the agent to act on your behalf, and you may be required to verify your identity directly with us. We will respond to your request in a timely manner as required by applicable law.
Complaints
If you have any complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live, you may have the right to appeal our decision by contacting us using the contact details provided below, or to refer your complaint to your local data protection authority.
International Users
Please note that we may transfer, store, and process your personal information outside your country of residence. Your personal information is also processed by personnel and third-party service providers and partners in these countries.
If we transfer your personal information outside of Europe, we will rely on recognized transfer mechanisms, such as the European Commission's Standard Contractual Clauses, or equivalent agreements issued by the relevant competent authority in the United Kingdom, unless the data transfer is to a country determined to provide an adequate level of protection.
Contact Us
If you have any questions about our privacy practices or this Privacy Policy, or if you wish to exercise any of the rights available to you, please call us or email us at info@desberries.com.