Privacy Policy

(Last Update: May 31, 2024)


Overview

Welcome and thank you for your interest in shopping at www.padauk.us. We respect your privacy and this Privacy Policy explains how data/information is collected from you when you use our website, mobile website, digital services, and/or any other products, services, promotions, features, functionality (hereinafter referred to as “Services”) that posts a link to this Privacy Policy, regardless of how you access or use it, and how we collect, manage, share and process your Personal Data/Information in compliance with the applicable legal requirements at all times.

We do not rent or sell your Personal Data for marketing or other purposes by third parties. Your Personal Data is important and helpful for us to provide and optimize our services and the website. We do not share Personal Data with any third parties unless this is necessary to fulfill our services and/or the provision of the website, is permitted by applicable law, and has been agreed by you.

By using any of the Services, you consent to the collection, use, processing, and sharing of your information as described in this Privacy Policy. The Personal Data/Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy. If you are a California Resident, our California Resident Privacy Notice contained in Section 10 of this Policy provides more information about your California privacy rights and explains how you can exercise those rights.

For the purposes of this Policy, Personal Data and Information means data and information relating to an identified or identifiable individual. This includes Personal Data collected and processed by us when you access our Website and the services related to it. Personal data does not include information of a general nature that does not identify you; for example, the number of users of the Marketplace.

If you are located outside of the United States and you choose to use the Services or provide your information to us, your data may be transferred to, processed, and maintained on servers, databases, or cloud storage facilities located in the United States. Your use of the Services represents your consent and agreement to these practices. If you do not want your data transferred to processed or maintained in the United States, you should not use the Services.

We are committed to recognizing, respecting, and protecting your privacy rights by keeping you informed while processing, managing, and protecting your personal data and information in compliance with all applicable data protection laws and regulations of every market we operate in.

Collection of Personal Data & Information

Personal Data and Information Provided By You

We collect Personal Data and Information that you directly provide to us or to our service providers via our Services, on a voluntary basis, to provide, operate, and manage our website as well as to provide our Services in accordance with our user agreement.

For example, we collect data and information when you use or register for the Services, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact with BC through the Services. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.

The personal data and information we collect may include:

Personally Identifiable Information, such as your first and last name, e-mail address, phone number, address, username, password, or your device, including certain digital identifiers, such as IP address.

Non-Personal Information, such as your interests, favorites, usage behavior, and interaction with the Services as well as the content and details of messages sent or received. If you use social media single sign-on, we collect your Personal Data from the respective social media platform which you have made publicly available.

When you make a purchase through our website, your credit card information, billing information, and any other financial information necessary to complete your purchase (“Payment Information”) is processed by our third-party payment processor, and we do not collect, store, or process your Payment Information.

When we collect your Personal Data, we inform you whether the designation of certain Personal Data is compulsory or optional and of the possible consequences that arise in case of the absence of a designation.

Data and Information Collected Automatically

We, our Service Providers, and/or Third-Party Services may also automatically collect certain Usage Information about you when you access or use the Services. Usage Information may include IP address, device identifier, browser type, domain name, traffic data, web logs, operating system, information about your use of the Service, and data regarding network-connected hardware (e.g., computer or mobile device), to help us understand how you use our Services and to help us improve it.

We and our third-party partners collect Personal Data using Cookies, tracking pixels (pixel tags), embedded scripts, location identifiers, and/or similar technologies. Our third-party partners, such as Google®, and advertising partners such as Meta®, may use these technologies to collect information about your online activities over time and across different services. We may use both session cookies (which are deleted from your device after you leave the Website) and persistent cookies (which remain on your device for longer or until you delete them manually).

Please review your web browser to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Website, you may not be able to utilize the features of the Website to their fullest potential.

Usage of Personal Data & Information

We may use information about your personal data and information, including the data and information we collect through our website and the Services as well as other Personal Information, for any purposes consistent with our statements under this Privacy Policy and not prohibited by applicable law, including but not limited to the following:

  • Allow you to participate in the features we offer as a Service and on our website;

  • Facilitate, manage, personalize, and improve your online experience;

  • Process your registration and/or upload your User Generated Content ("UGC").

  • Transact with you, provide services or information you request, respond to your comments, questions, and requests, serve you content and/or advertising, and send you notices;

  • Improve the Service and for any other internal business purposes;

  • Fulfill other purposes disclosed at the time you provide Personal Data & Information or otherwise where we are legally permitted or are required to do so;

  • Determine your location and manage digital content rights;

  • Prevent and address fraud, breach of policies or terms, and threats or harm.

 Legal Bases: This processing is necessary for the performance of the contract and for the purpose of our legitimate interests, (1) protection of the integrity of the website, the services, as well as our users, (2) to correspond with you, to enable us to provide you with the Services and to improve the Services, (3) to provide an optimal and meaningful user experience on the Marketplace which fulfills your expectations and needs as well as our commercial interests.

Marketing & Promotional Materials

While on the Service, you may have the opportunity to consent (which may be by opt-in or election not to opt-out) to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of the collected Personal Data & Information with a third party. We will, however, not share your collected Personal Data & Information with third parties, other than our subsidiaries, for their own direct marketing purposes.

Provided that you have given us your consent, we will further use the Personal Data collected for the provision and optimization of our marketing measures via e-mail, in particular, the provision of our newsletter and other promotional messages about our products, services, news, information, events, sales, and/or special offers. You may withdraw your consent at any time with future effect.

Legal Bases: This processing is based on consent, legitimate interest where consent is not required (to enable us to provide you with an experience related to your interests)

Advertising and Third Party Services

We utilize advertising to support the Services, and we may work with advertisers and advertising networks to provide advertising through the Services. We may provide these advertisers and advertising networks with the ability to collect data about how you interact with the Services and, if applicable, your mobile device.

This data may include the unique device or advertising identifier associated with your device and your precise location data, in order to help analyze and serve targeted advertising on the Services and elsewhere (including third-party sites and applications).

These advertisers, advertising networks, and other third parties may use cookies, pixels, and web beacons to track the actions of users online over time and across different websites or platforms in order to deliver targeted electronic advertisements to an individual user. We do not have access to or control over cookies, pixels, or web beacons that third-party partners may use.

In addition, the Services may include third-party content and links to other third-party websites. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.

Legal Bases: This processing is based on consent, legitimate interest where consent is not required (to enable us to provide you with an experience related to your interests)

Analytics Services

We may also work with third-party analytics companies to help us understand how the Services are being used, such as data collection, reporting, ad response measurement, website, and mobile application analytics, and to assist with the delivery of relevant marketing messages and advertisements.

We use Service Providers for analytics services such as, but not limited to, Google Analytics, Databox, and Socialbakers. These analytics services may use cookies and other Tracking Technologies to help us analyze Service users and how they use the Services. The information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other internet usages.

Legal Bases: This processing is based on legitimate interest where consent is not required (to enable us to provide you with an experience related to your interests) and to optimize and improve the Services and the website.

Purchases and Payment Processors

When you make a purchase through our Website, your payment is processed by a third-party payment processor such as Stripe, PayPal, Apple Pay, or other third-party payment services.

This Payment Processor may collect Personal Data and Information from you, including your name, email address, billing address, and Payment Information in connection with your payment for the purposes of processing your payments, is not available to us unless you have otherwise provided this information to us in connection with your use of the Services

The use of your Personal Data by the Payment Processor is governed by the Payment Processor’s terms and conditions and privacy policy, and the Personal Data we receive about you from our Payment Processor is governed by this Policy. You should review the applicable privacy policy prior to submitting any information to the applicable third-party payment service.

Legal Bases: This processing is necessary for the performance of our contract.

Information You Disclose Publicly

The Service may permit you to post or submit User-Generated Content (UGC) including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including us.

Notwithstanding anything to the contrary, Personal Data & Information included in UGC is not subject to our usage or sharing limitations, or other obligations, regarding Personal Data & Information, collected by the Services or other Personal Information under this Privacy Policy or otherwise, and may be used and shared by us and third parties to the extent consistent with this Privacy Policy or not prohibited by applicable law.

Additionally, the Service may offer you the option to send a communication to a friend. If so, we rely on you to only send to people that have given you permission to do so. The friend’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by us for any other marketing purpose unless we obtain consent from that person. Your contact information and message may be included in the communication.

With respect to your communication with other users via our message boards, chatrooms, or other interactive online forums, please be aware that if you post a comment on a message board or in a chatroom, this information will be made available to the public in an online environment. Each user is solely responsible for its posted comments.

If you choose to use any such interactive area, please be aware that this environment and all Personal Data & Information posted it is publicly accessible. We encourage you to exercise caution when making decisions about what you disclose in such public areas.

Transfer of Personal Data & Information

We do not rent or sell your Personal Data for marketing or other purposes by third parties. Your Personal Data is important and helpful for us to provide and optimize our services and the website. We do not share Personal Data with any third parties unless this is necessary to fulfill our services and/or the provision of the website, is permitted by applicable law, and has been agreed by you.

We may share any data & information about you (including but not limited to the data & information collected by us) for any purposes consistent with this Privacy Policy, or otherwise not prohibited by applicable law, including, without limitation:

  • To our affiliates, partners, agents, vendors, consultants, and other service providers such as advertisers and analytics services, who may receive, or be given access to your information, including, without limitation, Personal Data & Information, non-Personal Data & Information, and Usage Information, in connection with their work on our behalf.

  • To comply with the law, law enforcement, or other legal processes, and in response to requests made by government authorities or law enforcement agencies, or if requested in response to a subpoena or court order,

  • To protect rights and to comply with our policies, if we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties, or the public large if we believe that you have abused our terms of use, user agreements, applicable terms or policies.

  • We may share your Personal Data & Information collected by us (as well as your other Personal Data & Information and your non-personal Data & Information), in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company or in case of a bankruptcy order by the court.

Social Media and Sharing

The Services may use social networking or "share functionality" or may contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature.

We have no control over and assume no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.

Sweepstakes, Contests, and Promotions

We may offer sweepstakes, contests, and promotions, including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Data & Information. If you voluntarily choose to enter a Promotion, your information, including Personal Data & Information, may be disclosed to us, our partners, affiliates, co-sponsors, other Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.

International Data & Information Transfer

We are based in the United States and the Personal Data & Information collected by us and our Service Providers is governed by U.S. Laws. If you access our website or use the Services from regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Data outside of those regions to the United States for storage and processing, which does not have the same data protection laws as your jurisdiction.

When we transfer your Personal Data to the United States, we take steps to comply with applicable data protection laws, in particular, legal requirements regarding adequate protection for data transfers (e.g. Standard Contractual Clauses). Your use of the website and the Services or provision of any information, therefore, constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Data & Information, in the U.S., as set forth in this Privacy Policy.

We acknowledge your right to access and control your personal data in accordance with applicable Data Protection Laws as well as the safety of your Personal Data & Information. We make reasonable efforts to protect your Personal Data by using physical and electronic safeguards designed to improve the security of the Personal Data we maintain.

However, as no electronic transmission or storage of Personal Data can be entirely secure, we can make no guarantees as to the security or privacy of your Personal Data. Your payments are handled over an encrypted connection or via a secure third-party Payment Processor. Access to Personal Data on our databases is subject to reasonable technical safeguards and is restricted to authorized staff on a strict need-to-know basis.

Furthermore, we require our third-party service providers to act on our behalf as data processors in accordance with Art. 28 GDPR. When such third-party service providers are located outside of the European Union (EU) or the European Economic Area (EEA), we will establish appropriate safeguards in accordance with the requirements set by law and data protection authorities to ensure that your Personal Data is duly protected.

Children’s Privacy

The Service is intended for a general audience and not directed to children less than 13 years of age. Some portions of the Service, however, may be intended as appropriate for a mixed audience of users under and over 13 years of age (e.g., a separate “Kids” section), or exclusively for users under 13 years of age.

We do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act ("COPPA") ("Children’s Personal Information") in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of the Service (if any) we will comply with COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at support@padauk.us and we will remove such data to the extent required by COPPA.

Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request removal by contacting us at support@padauk.us, detailing where the content or information is posted and attesting that you posted it. We will then make reasonable good-faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.

We do not "sell" (as that term is defined by the California Consumer Privacy Act (CCPA)) Personal Information gathered from sites that link to the Children's Privacy Policy. For further information regarding the sale of Personal Information under the CCPA, please see the section below.


Nevada Privacy Rights

Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them. To exercise this right, please contact us by email at support@padauk.us.

California’s “Shine The Light” Law

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California consumers to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@padauk.us.

California Residents Under 18

If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove content or information about you that you posted on the Services by (a) submitting a request in writing to support@padauk.us; and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed.

However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if: (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content.

Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

California Consumer Privacy Act (CCPA)

If you are a California resident, California law also provides you with specific rights regarding your Personal Information which are set forth in more detail below. “Personal Information” in this Section means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and it’s implementing regulations, as amended or superseded from time to time (“CCPA”).

The chart below shows the categories of Personal Information (as defined by the CCPA) we have collected and disclosed for a business purpose, sold or used for business or commercial purposes about California consumers, in the past 12 months, as well as the categories of sources from which that Personal Information was collected, and the categories of third parties with whom we shared Personal Information.

 

Collection of Personal Information

We have collected Personal Information from the following categories of sources:

  • Customer: You or Your Devices Directly.

  • Financial Service Providers.

  • Affiliates & Business Partners.

  • Analytics Providers.

  • Social Networks.

Collection of Personal Information

We share your Personal Information with the following categories of third parties:

  • Advertising/Marketing Companies.

  • Affiliates & Business Partners.

  • Financial Services & Analytics Providers.

  • Vendors and other Service Providers.

  • Integrated Third Parties: Third parties integrated into our Services.

  • Third Parties as Legally Required: Third parties as required by law and similar disclosures.

  • Third Parties in Merger/Acquisition: Third parties in connection with a merger, sale, or asset transfer.

  • Social Networks.

  • Third Parties with Your Consent.

Collection of Personal Information

California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

  • For certain categories of personal information, the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties;

  • The Right to Know the categories and specific pieces of personal information we collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information;

  • The Right to Request That We Delete the personal information we have collected from you or maintain about you.

  • The right to Opt-Out Of Our Sale(s) of your personal information. Please note that if you opt out of certain types of sales, we will be unable to provide you with the services that rely on such sales.

  • The Right Not To Receive Discriminatory Treatment for the exercise of the privacy rights conferred by the CCPA. We may offer you certain financial incentives permitted by applicable law as compensation for allowing us to collect, sell, or maintain your personal information.

  • Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.

  • Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.

  • Minors' Right to Opt-In. We do not sell the personal information of minors under 16 years of age.

Changes To This Privacy Policy

We reserve the right to revise and reissue this Privacy Policy at any time. We will notify you of material changes to this Privacy Policy by at least thirty (30) days before the effective date of the changes. Any changes will be effective upon the posting of the revised Privacy Policy unless otherwise stated in the revised sections.

Your continued use of the Service indicates your consent to the Privacy Policy then posted. If you do not agree, discontinue use of the Service and uninstall Service downloads and applications. If you have a subscription to a Service offering, material changes to this Privacy Policy will only become effective with respect to the aspect of that subscription at the end of the then-current term unless you otherwise consent.

Contact Us

If you have questions about this Privacy Policy, you may contact us at support@banyancanopy.com.

We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.