Our Privacy Policy

This privacy policy (“Policy”) explains how your information is collected, used, and disclosed by Patiofyre LLC and its subsidiaries and affiliated companies (“Patiofyre,” “we, “our,” or “us”). Unless we otherwise indicate, this Policy applies to the Websites and mobile applications (collectively, “Site”) as well as to the services owned, operated, and/or provided by Patiofyre that display or link to this Policy, both online (such as on social media) and offline (such as at retail stores) (collectively with the Site, the “Services”). By using the Services, you agree to our collection, use, and disclosure practices, and other activities, and those of our partners or those individuals or entities we engage to provide services in connection with your use of the Services, as described in this Policy. If you do not agree, please discontinue use of the Services. For purposes of this Privacy Policy, “personal information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you, and includes “personal data” or similar terms as defined in applicable law. This Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us.

1. Notice of Collection of Personal Information

We collect the categories of personal information identified below. As indicated in the list below with a (Yes), some of these categories we “sell” or “share” (as such terms are defined in California law) for marketing purposes to business partners and third parties, such as data analytics providers, advertising technology vendors, and social media platforms as described in this Policy. We do not knowingly sell or share personal information about persons under the age of 16 without affirmative authorization. Please contact us to opt out of the sale or sharing of your personal information, including targeted advertising.

You may also choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will process the GPC signal as a request to opt out, however, you will still need to contact us at support@patiofyre.com to opt out of certain offline sales or sharing of personal information.

Categories of Personal Information Collected:

  • Identifiers/Biographical information, including name, postal and email address, phone number, and date of birth (Yes)
  • Online identifiers, Internet Protocol (“IP”) address, and other similar identifiers (Yes)
  • Personal information categories listed in the California Customer Records statute, such as: Your credit or debit card number (No). Billing address (Yes).
  • Commercial information, Including items purchased, obtained, or considered and other purchasing or consuming histories or tendencies (Yes)
  • Internet or other electronic network activity information, Including browsing history, search history, and interactions with a website, email, application, or advertisement (Yes)
  • Geolocation data (Yes)
  • Audio, electronic, visual, thermal, olfactory, or similar information (No)
  • Professional or employment-related information (No)
  • Education information (No)
  • Inferences, meaning inferences drawn from the above-listed categories of personal information to create a consumer profile reflecting consumer preferences or characteristics (Yes)
  • Sensitive Personal Information, such as online account log-in name or email and corresponding password. (No)

We do not use or disclose such information for the purpose of inferring characteristics about you or for any purpose other than the limited permissible purposes set forth in the regulations implementing California law. Such purposes include providing our Services and verifying, maintaining the quality of, and improving our Services.

2. Personal Information We Collect

We collect information from you in various ways, including through information you provide to us directly, information we or other third parties automatically collect or infer, and information we receive from third parties. This includes data that identifies you personally whether directly (e.g., your name) or indirectly (e.g., information about your online use). We refer to such data as personal information or personal data throughout this Policy.

A) Information You Provide

We collect information you directly provide to us through our Site, in our stores and through your other interactions with us. This may include when you use our Site, register or create an online account with or through the Site, purchase products, request information from us, sign up for newsletters or our email list, opt in to receive text messages, use our Services, enter into or win sweepstakes or other promotions, fill out a survey, request customer support, or otherwise communicate with or contact us. The information we collect from you generally falls into the following categories: Contact Details. We collect your contact information, such as name, postal address, email address, telephone or mobile number, fax number, or other similar identifiers. Financial Data. If you make a purchase from us, we collect a credit/debit card number and related financial information (such as CVV, expiration date, and billing address), depending on the form of payment you choose. Transaction Details. We collect details about your purchases or other transactions with us, including, but not limited to, your transaction or purchase history, transaction channel, or the general location of the store you visit. Account Information. You may choose to register for an account to make a purchase or use certain Services. We collect information from you regarding your account registration, such as an email and password. Marketing and Communications Data. We collect data concerning your preferences in receiving marketing, other targeted information from us, and your contact preferences. Demographic Data. When you register your product, create an account online or at other times, such as in surveys, we may request that you provide birth month and day, gender and other demographic details, and may also collect information about your activities and skills, interests, and shopping preferences. Content and Files. We may collect other information about you based on your interactions with us or that you choose to provide to us. For example, if you submit a product review you have the option to provide pictures or other information about yourself, and if you send us email messages or other communications, we will collect and retain those communications. If you choose to answer questions about a product in a survey or other communication requesting feedback, you may provide other information about yourself in your response. When you are asked to provide personal information, you may decline. And you may use app or device controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for the Site or certain features, the Site or features may not be available or function correctly.

B) Information We Automatically Collect

When you visit or interact with our Site, we may use a variety of technologies such as cookies, web beacons, pixel tags, log files, heat mapping and other technologies to automatically or passively collect certain information about your online activity. Please note that we automatically collect the following information about you: Identifiers and Device Information. We automatically collect your Internet Protocol (IP) address when you visit our Site, and other information about your device including unique identifiers such as MAC address or information from the computer, mobile device, tablet or other device you use to access the Site, including but not limited to your device type, operating system and version, browser type and language, settings and configuration, and information about the location of your device. Geolocation Data. We collect certain geolocation data when you use our Site. Usage Information. We collect information about your usage of and activity on our Site, including the date and time you visit the Site, the areas, pages, or content of the Site that you visit or engage with, the frequency and duration of your activities (including but not limited to the amount of time you spend viewing or using the Site and the number of times you return to the Site), monitoring chat sessions (including with the involvement of bots), items that are added to or remain in your virtual cart on the Site, other click-stream or site usage data, emails that you open, forward or click-through to our Site, and other sites that you may visit.

C) Information Collected by Third Parties or Other Sources

Third parties may collect information about your use of the Services as described in the Third-Party Content, Links and Plug-Ins section and through the use of cookies and other technology as described below. We may obtain information from other trusted sources to validate or supplement the information that you provide or that we collect automatically. These third-party sources include, for example: Data brokers. Data brokers and aggregators from whom we obtain data to supplement, validate or update the data we collect. Third party partners. Third party applications and services, including social networks you choose to connect with or interact with through our services, that make users’ information available to others. Co-Branding/Joint Partners. Partners with which we offer co-branded services or engage in joint marketing activities. Service providers. Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device’s location based on its IP address. Publicly available sources. Public domain sources of information such as open government databases Categories of personal information we obtain from these third parties include, for example:

  • Contact details
  • Financial data
  • Transaction details
  • Account information
  • Marketing and communications data
  • Demographic data
  • Content and files
  • Identifiers and device information
  • Geolocation data
  • Usage data
  • Video
  • Inferences

D) Combination of Information; Inferences

We combine the information we collect from and about you, including information you provide to us and information we automatically collect through our Site, as well as information collected offline, across other computers or devices that you may use, and from third party sources. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we infer your city, state, and country location based on your IP address, or product or shopping preferences based on your transaction history.

3. Cookies, Mobile IDs & Similar Technologies

We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate the Services and to help collect data, including other identifiers and device information and usage data. We also use tracking technologies that can create heat maps to visualize user behavior (for example, highlighting what parts of our Site you viewed and did not view).

“Cookies” are text files that are placed on your browser by the websites that you visit. Cookies are used for various purposes, including to distinguish you from other users, make your site navigation more efficient, help remember your preferences, enhance your browsing experience, and improve the use and functionality of our Site and related content. They can also enable the delivery of relevant and personalized advertisements to you across the Internet.

Please note that cookies (and other similar technologies) provided by third parties may be placed on our Site and the providers of these technologies may combine information collected from your interaction(s) with our Services with information they collect from other sources and use the combined information for analytics and/or advertising purposes.

4. Information Use

We use information we collect for purposes described in this Policy or as disclosed to you in other ways including on our Site, or in connection with other Services. We may use this information to help us maintain the accuracy of the information we collect, personalize your experience on the Site, target our communications so that we can inform you of products, Services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business and commercial purposes. For example, we may use your information to:

  • Product and Service Delivery. To provide and deliver our products and Services, including securing, troubleshooting, improving, and personalizing those products and Services.
  • Business Operations. To operate our business, such as billing, accounting, improving our internal operations, securing our systems, and detecting fraudulent or illegal activity.
  • Improvement, Development, and Research. To test and improve our products and Services, develop new products or features, and conduct research.
  • Personalization. To provide you with customized content, targeted offers, and advertising in the Services, via email, SMS text, direct mail or across other websites, mobile applications, social media or online services you may use.
  • Customer Support. To provide customer support including for product returns, and to respond to your questions.
  • Community. To manage and administer our community features and member programs and services.
  • Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages such as Abandoned Cart, to invite you to participate in customer research opportunities, such as surveys and focus groups, and to process and deliver contest entries and awards.
  • Marketing. To communicate with you about new products, offers, promotions, loyalty rewards, contests and sweepstakes, upcoming events, and other news offered by Patiofyre and our selected partners, that may be helpful to you.
  • Advertising. To display advertising to you.

We also use your information to provide you with other Services or for other purposes as disclosed at the time you provide your information or otherwise with your consent, e.g., if you are a winner of a sweepstakes, we may collect additional personal information from you at that time as needed for prize fulfillment. In carrying out these purposes, we combine data we collect from different sources to give you a more seamless, consistent, and personalized experience.

5. Sharing of Personal Information

We share personal information with your consent or as necessary to complete your transactions or provide the products you have requested or authorized. For example, when you provide payment data to make a purchase, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services.

In addition, we share all the categories of your personal information described above with third parties as follows:

  • with your consent, including if we notify you in the Services that the information you provide will be shared in a particular manner and you provide such information or when you agree to our sharing of your information with other third parties for their own marketing purposes subject to their separate privacy policies;
  • with our subsidiaries and affiliates including common data systems to process personal information as needed to provide our products and operate our business;
  • with vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us for the business purposes described in this Policy, including fulfilling orders or assisting us in advertising our products and services on third party websites;
  • if you choose to enter into one of our promotions, including but not limited to sweepstakes, contests, or other promotions (a “Promotion”) we may disclose your information to third parties or the public in connection with the administration of such Promotion, as required by law, as otherwise permitted by the Promotion’s official rules, or otherwise in accordance with the terms of this Policy;
  • to (a) comply with laws or respond to lawful requests and legal process, (b) to protect the rights and property of Patiofyre, our agents, and others, including to enforce our agreements, policies and terms of use or (c) in the good faith belief that disclosure is needed to respond to an emergency or protect the personal safety of any person and to report abusive conduct to law enforcement; and or (d) operate and maintain the security of our products, including to prevent or stop spam or attempts to commit fraud, or an attack on our computer systems or networks.
  • In connection with, or during negotiations of corporate transactions or proceedings such as a merger, sale of company assets, financing, acquisition, bankruptcy, dissolution, divestiture, or other transfer of all or a portion of our business to another company.

Third party analytics and ad tech companies also collect data through our website and apps, often through the use of the tracking technologies described in Section 3 above, including transaction details, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs and IP address).Finally, we may share other de-identified information and/or aggregate information in accordance with applicable law.

Please note that some parts of our Site may include references or links to sites provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or consent to our sharing personal information with them, that information is governed by their privacy statements.

6. Sharing of Personal Information

Patiofyre takes reasonable and appropriate measures designed to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Despite our reasonable efforts to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures. To help protect personal information, we request that you use a strong password and never share your password with anyone or use the same password with other sites or accounts.

7. Data Storage

This website is operated by Patiofyre LLC, a company that is headquartered in the United States of America. To provide you with this Website and the goods and Services you order, your data may be processed by Patiofyre, affiliated companies, and its service providers, who may be located in countries (including the USA) other than your country of residence. These countries may have data protection laws that are different than the laws in your country of residence, but Patiofyre will protect your personal information in accordance with applicable data protection law and this Policy at all times.

8. Your Rights, Choices, & Opt-Outs

A) Unsubscribing from our Marketing and Promotional Communications

You may opt out of receiving promotional emails from Patiofyre by clicking on the unsubscribe link at the bottom of those emails, or by contacting us and providing the email address you wish to unsubscribe. If you choose to opt out of promotional emails, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

B) Privacy Rights and Requests

Depending on your place of residence, you may have certain rights in relation to your personal information, including:

  • Right to Know: You may have the right to know what personal information we have collected about you, including the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you. Please note that we may not be required to respond to your requests “to know” or access specific pieces of personal information more than twice in any 12-month period.
  • Right to Data Portability: You may have the right to access your information in a portable format.
  • Right to Delete: You may have the right to request that we delete personal information that we have collected from you, subject to certain exceptions.
  • Right to Correct: You may have the right to correct inaccurate personal information that we may maintain about you, subject to appropriate verification.
  • Right to Opt Out of Certain Types of Personal Information Uses and Disclosures: We use and disclose to third parties’ personal information for analytics and advertising purposes. Accordingly, you may have the right to opt out of the “sale” or "sharing” of your personal information, or the use and disclosure of your personal information for “targeted advertising” (as these terms are defined in applicable law).

To exercise the right to opt out of the “sale” or “sharing” of your personal information, including targeted advertising, please contact us. If you are interested in exercising any of the other rights outlined above, please contact us during normal business hours. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. Submitting a privacy rights request does not require you to create an account with us. We will not discriminate against you if you decide to exercise your privacy rights

C) Opt-Out Requests

You may request to opt out of the sale or sharing of your personal information, or of targeted advertising by contacting us. Submitting an opt-out request does not require you to create an account with us. You may opt-out of the sharing or “sale” of data by taking two steps: 1) contacting us and expressing your desire to  and 2) deactivate the cookies and tags and similar technologies on our site that are used by third-parties (“Targeting Cookies”). Note that if you delete or clear the cookies on your browser or use a different browser or browser profile, you will need to repeat this step again.

D) Right to Appeal

Depending on your U.S. state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. To appeal a decision, please contact us with  “Appeal of Privacy Rights Request” in the subject line.

E) Shine the Light

Under California Civil Code Section 1798.83, also known as the “Shine the Light” law, if you are a California customer, you may request information about whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of such a request, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California customers may request further information about our compliance with this law by contacting us with “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Non-affiliated third parties are independent from Patiofyre and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.

F) Nevada Residents Disclosures

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. Patiofyre does not sell consumers’ personal information for monetary consideration to third parties for licensing or sale to other third parties. If you are a Nevada consumer and wish to submit an inquiry relating to our compliance with Nevada law, please contact us.

G) EU Residents Disclosures

The General Data Protection Regulation made effective in Europe on May 25, 2018 (“GDPR”) relates to companies that process personal data for their own use (“controllers”) and companies that process personal data on behalf of others (“processors”). We act as a controller of information provided directly to us and as a processor related to information provided to a third-party that is shared with us.

The GDPR requires that we clearly describe to data subjects the data we collect, how we use that data, and the legal basis for doing so. This Privacy Policy does that as discussed above. For instance, we process your information for lawful reasons where: (a) you have given consent; (b) processing is necessary for the performance of a purchase and/or request; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party and your interests and fundamental rights and freedoms to do not override those interests.

The GDPR also requires us to take appropriate technical and organizational measures to protect the security of data relating to residents of Europe. Your information is stored on private servers belonging to us and/or third parties. We make commercially reasonable efforts to ensure the privacy and security of the data of our European visitors and customers.

As a resident of Europe, you have the right to access, correct, erase, restrict, and object to our processing of your personal data under certain conditions. You also have the right to request that we do not transfer the data that we have collected to another organization. If you wish to exercise any of these rights, please contact us. If requested to remove personal information, we will respond within a reasonable timeframe.

You also have the right to lodge a complaint with the European Economic Area supervisory authority.

9. Children’s Privacy

Our Services and products are not intended for children. We do not direct our Services to children under eighteen (18), nor do we knowingly solicit or collect any personal information from children under the age of eighteen (18). If you are under the age of 18 you should not provide any personal information to us. If you are a parent or legal guardian and think that your child has given us data, you can contact us. Please mark your inquiries “Children’s Privacy Information Request.” If we learn that a minor has provided personal information through our Services, we will use reasonable efforts to remove such information from our files.

10. Third-Party Content, Links, & Plug-Ins

The Site may have links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.

The Services may also offer you the ability to interact with social plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third-party operating a plug-in on this Site, then such third-party may recognize you on this Site. Your use of social network plugins is subject to each social media site’s privacy policy, which may be different from ours, so please read these policies carefully to understand their policies and your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites.

11. Changes to This Policy

Patiofyre may change this Policy from time to time to reflect changes in our products, how we use personal information, or applicable law. When we make changes to this Policy, we will post the date of the most recent update. If material changes to the Policy are made, we will provide notice or obtain consent as required by applicable law.

12. Contact Us.

You may contact us regarding this Policy for any of the reasons stated above support@patiofyre.com or by calling us at 1-800-247-7384.