Privacy Policy

We have created this policy to provide you with information about how we collect, use, share and protect information from our sites, mobile applications and social media pages (collectively called the “Sites”), when you use our services and the purchases you make, or when you otherwise interact with us.

Your use of the Sites and your other interactions with us constitute your acceptance of this Privacy and Cookie Notice and consent to the practices described.

Please read this Privacy Policy carefully. By visiting and using the Sites, you agree that your use of our Sites, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

This Site strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party. Ever.

How We Collect and Use Information

This section describes the information we collect, including information that you provide to us, information automatically collected and information from third parties. We may combine information that we collect via one method (e.g., a website, our digital advertising) with information that we have collected via another method (e.g., an offline event). We do this to get a more complete view of our consumers, which, in turn, allows us to serve you better and with more customization.

Information You Provide

We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). This Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our free newsletters or have purchased one of our products. This Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, and credit card information when purchasing our products. All of this information is provided to us by you.

Automatically Collected Information

Mobile Services/Apps:

Certain of our mobile apps or Sites may offer opt–in, geo–location services and push notifications. Geo-location services provide location–based content and services, such as store locators, local weather, promotional offers and other personalized content. Push notifications can include discounts, reminders or details about local events or promotions. Most mobile devices allow you to turn off location services or push notifications. If you consent to location services, we will collect information about the Wi–fi routers closest to you and the cell IDs of the towers closest to you to provide location–based content and services.

Site Usage Information:

We and our third–party service providers such as Google Analytics, may also use a variety of technologies that passively or automatically collect information about how the Sites are accessed and used (“Usage Information”), including but not limited to your browser type, device type, IP address, operating system, application version, the pages served to you, the time you browse, preceding page views, products you viewed or searched for, page interaction information (such as scrolling, and mouse-overs) and your use of features or applications on the Sites.

Device Identifiers:

We may also automatically collect an IP address or other unique identifier information (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Sites or on third party websites that publish our advertising. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. For mobile devices, a Device Identifier is a unique string of numbers and letters stored on your mobile device that identifies it. We may use a Device Identifier to, among other things, administer the Sites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, deliver advertising and gather broad demographic information.

Cookies:

Like many web sites, we use “Cookies,” which are data files placed on a web browser when it is used to visit the Sites to facilitate site navigation and to personalize your experience, including tailoring advertisements. Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Sites and your activities on such social networking sites.

If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. To learn more about cookies, please visit http://www.allaboutcookies.org.

Pixels or Web Beacons:

We use pixel tags or web beacons, which are transparent graphic images placed on a web page or in an email and indicate that a page or email has been viewed or tell your browser to get content from another server.

Information From Third Parties:

We may receive information from third party partners, such as marketing and demographic data, offline records and information from an advertiser about your experiences or interactions with them. We may combine such third party data with other information we receive from or about you.

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online — for example on message boards, web logs, through email, or in chat areas — that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

The Site also includes links to websites we endorse or sponsor and provides access to products and services offered by third parties, whose privacy policies we do not control. Some of the links we provide are “affiliate links.” This means if you click on the link and purchase the item connected to that link, we will receive an affiliate commission. We are making this disclosure in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

We may also make some content, products and services available through our Site through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.

Use and Sharing of Information

We use information collected for a variety of business purposes such as:

  • Providing you with tailored content, services, advertisements and offers from our brands;
  • Responding to your questions and providing news and updates from our brands, about our products, services, programs, etc.;
  • Providing you with access to features of our Sites;
  • Verifying your identity;
  • Fulfilling purchases;
  • Communicating about your account(s) and activities on the Sites;
  • Sending notice of changes to one of our policie;
  • Improving the effectiveness of our Sites, stores, customer service, and product offerings;
  • To conduct research and analytics related to our operations;
  • Allowing you to log in with a social media account and share activities on your social media pages, such as Facebook;
  • Processing applications and transactions;
  • Posting your content and consumer reviews on the Sites, our social media pages and related third party sites that feature our brands;
  • Contacting you about content shared by you about our brands and products.

Sharing Your Information

We will not disclose your Personal Information to third parties outside of our brands for their own independent marketing or business purposes without your consent unless for the following limited purposes:

Third Parties Providing Services On Our Behalf: We share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Sites, provide analytics and site usage information, process transactions and payments, fulfill orders or provide customer service, program administration, redemption;  other third parties that participate in or administer our promotions, surveys or provide marketing or promotional assistance. We may share information with our subsidiaries, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers, to help maintain and operate the Sites or for other reasons related to the operation of our business, including but not limited to the fulfillment of purchases, promotional offers, etc. We may also share non-identifying information, such as aggregate statistics or usage information, with third parties.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Sites or the public.

All of the newsletters or emails that are sent to you by this Site include an unsubscribe link in them. You can remove yourself at any time from our newsletters or mailing list by clicking on the unsubscribe link that can be found in every communication that we send you.

Your Choice and Access

You may change your preferences and unsubscribe from email services from our brands by: (i) modifying your registered user information on the Sites; (ii) sending us an e–mail at www.birkenlaw.com/contact; or (iii) following the unsubscribe instructions in the communication that you receive.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

We will retain your Personal Information for as long as your account is active or as needed to provide you services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, contact us here. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

Advertising / Targeted Advertising – How to Opt Out

We license technology to serve advertisements on its own Sites and within its content as that content is served across the Internet. In addition, we may use third parties to serve advertisements on the Sites and around the web, measure the performance of the Sites and the viewing of our content, and provide analytics services. These ad network providers, advertisers, sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information. We may target advertisements for products and services in which you might be interested based on your visits to both the Sites and other web sites or based on location data, from your Device. We may use a variety of companies to serve advertisements.

If you prefer to not receive targeted advertising, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt–Out Page. Options are Device-specific, so if you use multiple Devices, you may need to opt out on each one. You can also opt out of certain targeted advertising programs by clicking on the “AdChoices” icon that may appear on some of our advertising. We may use more than one third party company for placing this advertising, which would require you to opt out of each company’s program. Please note that even if you opt out you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt–Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

Text Message / SMS Consent and Opt Out

If you choose, you can provide your mobile phone number to receive text messages about promotions, alerts containing product and/or event information, products tips or promotions that may be sent using automated dialing systems (“Text Messages”). You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase our goods or services. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by us to contact you.

We may share your mobile phone number with service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own purposes without your consent. You acknowledge that Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient’s mobile carrier, it may not be possible to transmit the Text Message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

Your Rights in California

Under California law, website and online service operators are required to disclose how they respond to web browser “do not track” signals. We do not currently take actions to respond to Do Not Track signals as a uniform standard for such response has not yet been established.

California law requires website and online service operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our Sites such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any Personal Information from our Sites unless you directly provide it to us and we provide it to them with your consent.

If you are a minor under 18 and have a profile on one of our Sites, you may ask us to remove reviews or other content that you posted on the site by writing to us here and providing as much detail as possible (i.e. date and caption) as to the post(s) you want removed. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.

Children

The Sites are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain their Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

Security

We maintain reasonable safeguards to protect Personal Information against loss, unauthorized use, disclosure or destruction and when transferring information for processing and requires third parties providing services on our behalf to do the same. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.

Consent to Processing of Information in the US and Other Jurisdictions

The Sites are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. We make no representation that the Sites are governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Sites, or providing us with any information, you (a) acknowledge that the Sites are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

Changes and Policy Updates

Please note, we may change information on the Sites and/or this Privacy and Cookie Notice, at any time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy and Cookie Notice on the Sites. We will use your Personal Information in a manner consistent with the Privacy and Cookie Notice in effect at the time you submitted the information, unless you consent to the new or revised policy through continued use of our Sites. We encourage you to periodically review this page for the latest information on our privacy practices.

If you have any questions or concerns regarding our privacy policy please direct them to www.birkenlaw.com/contact or 612.2.00.3679

Or by US Mail to

Birken Law Office PLLC
Attn: Privacy Policy
79 13th Ave. NE, Suite 105B
Minneapolis, MN 55413

Last Updated: November 2019

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