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Privacy policy

This Privacy Policy describes how abernathysandnix.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at abernathysandnix@gmail.com  or by mail using the details provided below:


[Attn: Privacy Officer, Tina Prioleau-Baeza]
Abernathys & Nix

10000 Paradiso Way

Bakersfield, CA 93306 

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

  • Device information
    • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
    • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
    • Disclosure for a business purpose: shared with our processor Shopify.
    • Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Order information
    • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
    • Source of collection: collected from you.
    • Disclosure for a business purpose: shared with our processor Shopify [ADD ANY OTHER VENDORS WITH WHOM YOU SHARE THIS INFORMATION. FOR EXAMPLE, SALES CHANNELS, PAYMENT GATEWAYS, SHIPPING AND FULFILLMENT APPS].
    • Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Customer support information 
    • Purpose of collection: to provide customer support.
    • Source of collection: collected from you
    • Disclosure for a business purpose: 
    • Personal Information collected: 

Minors

The Site is not intended for individuals under the age of 18. Our Services are not directed to, and we do not knowingly collect personal information from, children under the age of 13 or minors (as defined by applicable national laws). If you are a minor, please do not attempt to fill out our forms or send any personal information about yourself to us. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact us (See Contact Information Below) immediately to remove the relevant personal information and unsubscribe the minor.
If we become aware that a minor has provided us with personal information, we will take steps to promptly delete such information from our files. As described further in our Terms and Conditions, please do not upload photographs showing other people, in particular if they are minors.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
  • We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

  • FACEBOOK - https://www.facebook.com/settings/?tab=ads
  • GOOGLE - https://www.google.com/settings/ads/anonymous

    • Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

    Using Personal Information

    We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

    Lawful basis

    Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

    • Your consent;
    • The performance of the contract between you and the Site;
    • Compliance with our legal obligations;
    • To protect your vital interests;
    • To perform a task carried out in the public interest;
    • For our legitimate interests, which do not override your fundamental rights and freedoms.

    Retention

    When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

    Automatic decision-making

    If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

    We DO engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

    Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

    Services that include elements of automated decision-making include:

    • Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
    • Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.

    Selling Personal Information

    California Privacy Rights
    This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended and pursuant to its regulations and successors (together, “CCPA”), below is a summary for the last twelve (12) months of the personal information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect the personal information, where we obtain the personal information, and the third parties with whom we may share the personal information.
    We generally collect the following categories of personal information when you use our Services:

    • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, and non-directly identifiable alphanumerical numbers associated with your devices;
    • commercial information such as records of products or services purchased, obtained, or considered by you;
    • Internet or other electronic information regarding your browsing activity, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
    • audio recordings of your voice to the extent you call us, as permitted under applicable laws;
    • employment-related information; and
    • inferences about your preferences, characteristics, behavior and attitudes.

    We generally do not collect protected classifications about our users, biometric information, or education-related information. For more information about the personal information we collect and the purposes for which we use it, please refer to section 1 above.
    The categories of third parties with whom we may share your personal information are listed above in section 2.
    If you are a California resident, you have rights in relation to your personal information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us or the security of our network systems. To assert your right to know or your right to delete your personal information, please see the “Contact Us” section below. To confirm your identity, we may ask you to verify personal information we already have on file for you or other documentation that verifies that you are whom you claim to be. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

    • Right Against Discrimination You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
    • Right To Know You have the right to request in writing a list of the information we have collected or disclosed about you, the business purposes involved, and the sources of such information. You have the right to request a copy of the specific personal information we collected about you during the 12 months before your request.
    • Right TO Delete You have the right to request that we delete any personal information we have collected from you or maintain about you, subject to certain exceptions.
    • Right to Opt-Out of Selling You have the right to opt-out of having your personal information sold. We do not sell your personal information as that term is generally understood but we recognize that the CCPA defines “personal information” in such a way that making available identifiers linked to you for a benefit may be considered a “sale.” The CCPA broadly defines “personal information” and “selling” such that making available or sharing identifiers linked to you for a benefit may be considered a sale. In the previous 12 months, we were sharing identifiers and inferences about you with our partners, third parties and affiliates in such a way that, under the CCPA, may be defined as selling. Please see the “Cookies and Other Tracking Technologies” section above for a description of opting out of cookies and controlling browser settings, in addition to clicking the “Manage Cookies” link in our website footer to load a consent tool that will allow you to opt-out of the cookies on our Site.
    • Use of an Authorized Agent to Submit a Request.  Only you or a person you formally authorize to act on your behalf may make a verifiable consumer request related to your personal information as a California consumer. If you use an authorized agent to submit such a request, we will require written proof that the authorized agent has been authorized to act on your behalf or a copy of the power-of-attorney document granting that right.

    In addition, California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. In your request, please specify that you want a “California Shine the Light Notice.” Please contact us as described below and allow 30 days for a response.

       

      Your rights

      GDPR

      If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below. 

      Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.


      CCPA

      If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

      If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

      Social Media Accounts
      We operate accounts and fan pages on different social media platforms (the “Social Media Accounts”). If you visit one of our Social Media Accounts, you initiate a variety of data processing operations. Below we identify the other types of entities with whom you may interact when you visit one of our Social Media Accounts. If you do not provide us with your personal data, certain functionalities of the social networking platforms requiring such data will not be available to you or only to a limited extent.
      As the owner of a Social Media Account, we can usually only see information stored in your public profile on such social media platform, and only insofar as you are logged in to your profile while visiting our Social Media Account. In addition, we may process data that you provide to us when you contact us through one of our Social Media Accounts (for example: if you create a post or send us a private message via Facebook). If you visit one of our Social Media Accounts, the operator of the respective social network also processes your data, regardless of whether you yourself have a profile in the respective social network. The individual data processing operations and their scope differ depending on the operator.
      In addition, the respective operator of the social network provides us with anonymous usage statistics, which we use to improve the user experience. We do not have access to the usage data that the operator of the social network collects to create these statistics. These data processing operations serve our legitimate interest in improving the user experience when visiting our profile in line with the target group. In addition, some operators of social networks (e.g. Facebook) use cookies that are stored on your terminal device when you visit our Social Media Account, even if you do not have your own profile in the network or are not logged in, these cookies enable the respective operator to create user profiles based on your preferences and interests and to show you advertising tailored to these (within and outside of the respective social network).
      For details about the collection and storage of your data as well as the type, scope and purpose of their use by the operator of the social network, please refer to the privacy policy of the respective operator:

      If applicable laws allow you to, you may withdraw your consent at any time with future effect and free of charge.

      Cookies

      A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

      We use the following cookies to optimize your experience on our Site and to provide our services.

      Cookies Necessary for the Functioning of the Store

      Name Function Duration
      _ab Used in connection with access to admin. 2y
      _secure_session_id Used in connection with navigation through a storefront. 24h
      _shopify_country Used in connection with checkout. session
      _shopify_m Used for managing customer privacy settings. 1y
      _shopify_tm Used for managing customer privacy settings. 30min
      _shopify_tw Used for managing customer privacy settings. 2w
      _storefront_u Used to facilitate updating customer account information. 1min
      _tracking_consent Tracking preferences. 1y
      c Used in connection with checkout. 1y
      cart Used in connection with shopping cart. 2w
      cart_currency Used in connection with shopping cart. 2w
      cart_sig Used in connection with checkout. 2w
      cart_ts Used in connection with checkout. 2w
      cart_ver Used in connection with shopping cart. 2w
      checkout Used in connection with checkout. 4w
      checkout_token Used in connection with checkout. 1y
      dynamic_checkout_shown_on_cart Used in connection with checkout. 30min
      hide_shopify_pay_for_checkout Used in connection with checkout. session
      keep_alive Used in connection with buyer localization. 2w
      master_device_id Used in connection with merchant login. 2y
      previous_step Used in connection with checkout. 1y
      remember_me Used in connection with checkout. 1y
      secure_customer_sig Used in connection with customer login. 20y
      shopify_pay Used in connection with checkout. 1y
      shopify_pay_redirect Used in connection with checkout. 30 minutes, 3w or 1y depending on value
      storefront_digest Used in connection with customer login. 2y
      tracked_start_checkout Used in connection with checkout. 1y
      checkout_one_experiment Used in connection with checkout. session

      Reporting and Analytics

      Name Function Duration
      _landing_page Track landing pages. 2w
      _orig_referrer Track landing pages. 2w
      _s Shopify analytics. 30min
      _shopify_d Shopify analytics. session
      _shopify_s Shopify analytics. 30min
      _shopify_sa_p Shopify analytics relating to marketing & referrals. 30min
      _shopify_sa_t Shopify analytics relating to marketing & referrals. 30min
      _shopify_y Shopify analytics. 1y
      _y Shopify analytics. 1y
      _shopify_evids Shopify analytics. session
      _shopify_ga Shopify and Google Analytics. session


      The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

      You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

      Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

      Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

      Do Not Track

      Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

      Changes

      We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

      Contact Us
      If you have questions or concerns regarding your personal information or any information in this Privacy Policy, please contact us at abernathysandnix@gmail.com .
      Our Privacy Office can be contacted at our postal address below in writing: 

      [Attn: Privacy Officer, Tina Prioleau-Baeza]
      Abernathys & Nix

      10000 Paradiso Way

      Bakersfield, CA 93306 

       

      Complaints

      As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

      If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: https://cppa.ca.gov 

      Last updated: Sept. 7, 2022