Privacy Policy

PRIVACY POLICY

 

DaylightCompany.Com/us/ and its related services and products (“Website”) are owned and operated by Daylight Company, LLC (“Daylight Company”, “our”, “us”, “we”), a Texas limited liability company with its principal place of business in Spring, Texas. Daylight Company has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects Personal Data when you use the Website and to explain how this information is used. You should contact Daylight Company directly with any questions or concerns.

 

DAYLIGHT COMPANY MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT DAYLIGHT COMPANY CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE.  YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.

 

Definitions.

 

  • General Data Protection Regulation (“GDPR”) means the European Union (“EU”) law on data protection and privacy applicable to individuals within the EU.
  • Personal Data means any information relating to an identified or identifiable natural person, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Business Customers means Users that have access to the Website’s Daylight Media offering.
  • Registered Users mean Users that elect to create an account with the Website.
  • User(s) means any individual who visit and browse the Website, including Registered Users and Business Customers.
  • You/Your means User(s)

 

Types of Personal Data We Collect.

Daylight Company collects the following Personal Data from all Users who contact Daylight Company seeking more information or sign up for the newsletter:

 

  • First name;
  • Email address;
  • Phone number;
  • Reason for contacting Daylight Company;
  • Any other information that you upload or submit to the Website directly or indirectly.

 

Daylight Company collects the following Personal Data from Registered Users:

 

  • First name;
  • Last name;
  • Email address;
  • Billing address;
  • Shipping address;
  • Order history;
  • Login credentials;
  • Any other information that you upload or submit to the Website directly or indirectly.

 

Daylight Company collects the following Personal Data from Business Customers:

 

  • First name;
  • Last name;
  • Email address;
  • Billing address;
  • Shipping address;
  • Any other information that you upload or submit to the Website directly or indirectly.

 

In addition, Daylight Company collects the following Personal Data from all Users:

 

  • Your geolocation;
  • Your IP address;
  • Your browser and search engine information;
  • Your device and operating system information;
  • Your visitor history;
  • Your login data;
  • Time zone setting and location;
  • Your usage of the Website, including, without limitation, any links or items clicked, or pages viewed and statistics;
  • Information stored in cookies, pixel tags, or web beacons;
  • Analytical data from Google Analytics and/or Google AdSense; and
  • Any other additional analytic data that you voluntarily submit to the Website.

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.  However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy

 

We do not collect any Special Categories of Personal Data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.

 

How We Collect Personal Data.

Daylight Company may collect this Personal Data from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through your purchase of products from the Website; when creating an account with the Website; subscribing to our newsletter; request marketing to be sent to you; entering a competition, promotion, or survey; giving us feedback or contacting us; through requests initiated by you through the Website, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, Google AdSense, and through other sources permitted by law.

 

Cookies & Similar Technologies.

The Website also utilizes Cookies.  Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the Cookie. We use Cookies and similar technologies to enable our systems to recognize your browser and to provide certain features.  We also use “web beacons” to help deliver Cookies and gather usage and performance data. The Website may also include Cookies, web beacons, and other similar technologies from third-party service providers.

 

You have a variety of tools available to control the data collected by Cookies, web beacons, and similar technologies. For example, you can use controls in your Internet browser to limit how the websites you visit are able to use Cookies and to withdraw your consent by clearing or blocking Cookies. You can also stop Daylight Company from placing Cookies (other than those required for the Website to function) on your device by referencing the instructions below or opting out using the Cookie notification opt-out on your initial visit to the Website.

 

The table below sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:

 

Type of Cookie Description Managing Settings
Required Cookies (Strictly Necessary) Required – or strictly necessary – cookies enable you to navigate the Website and use its features. Because required cookies are essential to operate the Website there is no option to opt out of these cookies.
Functional Cookies (Non-Strictly Necessary) Functional – or non-strictly necessary cookies – allow us to remember information you have entered or choices you make, and provide enhanced, more personal features.

 

We use Google Analytics to help us analyze how our Website is used, including the number of visitors, where the website visitors have come from, and the pages they visit.  This information is used by us to improve our Website.

To manage the use of functional cookies on the Website, please consult your individual browser settings for cookies.  Note that opting out may impact the functionality you receive when using our Website.

 

To learn more about safeguarding your data for websites using Google Analytics, visit here.  To opt of our data collection by Google Analytics, you can download and install a Google Analytics opt-out browser add-on here.

 

To learn more about how Google Analytics Cookie Usage on Website visit here.

 

You can also adjust your individual browser settings relating to cookies by visiting these pages:

 

·       Google Chrome

·       Internet Explorer

·       Mozilla Firefox

·       Safari (Desktop)

·       Safari (Mobile)

·       Android Browser

 

For other browsers not listed, please consult the documentation that your browser manufacturer provides.

Targeting or Advertising Cookies (Non-Strictly Necessary) We use Google Webmaster Tools and Google Analytics to log when users view specific pages or take specific actions on or getting to the Website. Google Analytics specifically allows us to provide targeted advertising in the future.

 

We may also use Google AdWords as a tool to acquire relevant new clients who are looking for our service and Google AdSense to show our clients other relevant advertising that may assist them while they are using our site.

To learn more about How Google uses cookies targeted in advertising, visit here.  To adjust your Google Ad Settings and learn how opt out of particular targeted advertising visit here or the Network Advertising Initiative opt-out page here.

 

Lawful Basis for Processing Your Personal Data

The lawful basis for us processing your Personal Data for the uses described above will typically be because you have provided your consent; it is necessary for our contractual relationship; the processing is required for us to comply with legal obligations; and/or the processing is in our legitimate interest of providing you with the Website and fulfilling product orders made therethrough.

 

Specifically, the lawful basis for processing your Personal Data is outlined below:

 

Purpose for Collecting Personal Data Lawful basis for Processing Personal Data
To register you as a new customer Performance of a contract with you
To process and deliver your order, including:

·       Manage payments, fees, and charges

·       Collect and recover money owed to us

·       Performance of a contract with you

·       Necessary to our legitimate interests (to recover debts due to us)

To manage our relationship with you, which will include:

·       Notifying you about changes to our Terms of Use or Privacy Policy

·       Asking you to leave a review or take a survey

·       Perform a contract with you

·       Necessary to comply with a legal obligation

·       Necessary for our legitimate interests (to keep our records updated and to study how consumers use our products)

To enable you to partake in a prize draw, competition, or complete a survey ·       Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of business reorganization or group restructuring exercise)

·       Necessary to comply with a legal obligation

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) ·       Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of business reorganization or group restructuring exercise)

·       Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you Necessary for our legitimate interests (to study how customers use of products, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products, marketing, customer relationships and experiences Necessary for our legitimate interests (to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you Necessary for our legitimate interest (to develop our products and grow our business)

 

 

How Daylight Company Uses Your Personal Data.

We use your Personal Data based upon the legal basis of Users’ consent to provide you with the Website, process any requests made by you, communicate with you, identify and fix problems with the Website, communicate with you, and update you regarding changes to the Website and the Daylight Company and third-party services offered through the Website.

 

By using the Website, you further authorize the following specific uses of your Personal Data:

  • Enable your use of the Website and its associated services;
  • Improve algorithms;
  • Measure service usage;
  • Develop new features;
  • Contact and communicate with you, whether through email, telephone, text message, and/or messages within the Website;
  • Customize and/or tailor the Website and your user experience, which may include targeted selection and display of third-party advertisements within the Website;
  • Aggregate certain information that does not include your personal information and disclose it for analysis, demographic profiling and/or targeted advertising;
  • Advertise products and services of Daylight Company;
  • Transmit and process your information and actions within the Website;
  • Provide statistical information, and include you in the same, where applicable;
  • Provide you with technical service and support, including updates;
  • Provide you with information concerning Daylight Company’s benefits or services;
  • Store, archive, retrieve, and make copies of your user generated content;
  • Understand your needs and requests;
  • Communicate promotions or other offers;
  • Process payments;
  • Prevent and detect illegal activities or violations of your Terms of Use;
  • Combine your personal and personally identifiable information with information from other Daylight Company applications and/or services; and
  • Facilitate your use of the Website and upgrades/replacements to the Website.

 

Sharing of Your Personal Data.

Daylight Company Shares Your Personal Data with third parties in the following circumstances:

 

  • Where Daylight Company has obtained your consent;
  • Where sharing or disclosure of your Personal Data is necessary to provide you with the Website, and/or associated services (We may share your personal or personally identifiable information with trusted third-parties who assist us in operating the Website, providing the associated services, and conducting our business);
  • Where sharing or disclosure of your Personal Data is necessary to provide you with customer support pursuant to a product purchased on the Website or through one of the Daylight Company’s retailers;
  • Where sharing or disclosure of your Personal Data is necessary pursuant to a campaign with Facebook and/or Instagram;
  • Where sharing or disclosure of your Personal Data is necessary to share personal or personally identifiable information with Daylight Company’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;
  • Where Daylight Company has been purchased by a third party;
  • Where sharing or disclosure of your Personal Data is necessary to respond to requests by government authorities;
  • Where your Personal Data is demanded by a court order or subpoena;
  • Where sharing or disclosure of your Personal Data is needed to protect the employees, independent contractors, officers, directors, members, users, or owners/shareholders of Daylight Company;
  • Where sharing or disclosure of your Personal Data is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
  • Where Daylight Company is otherwise legally obligated to share your personal or personally identifiable information.

 

Daylight Company Shares Your Personal Data With the Following Third-Parties:

 

  • Google, including Google Analytics (privacy policy here);
  • Facebook (privacy policy here);
  • Twitter (privacy policy here);
  • Instagram (privacy policy here);
  • YouTube (privacy policy here);
  • PayPal (privacy policy here);
  • LinkedIn (privacy policy here);
  • Pinterest (privacy policy here);
  • Plug&Play (privacy policy here)

 

No Liability Third-Party Services and Third-Party Links.

The third-party service providers affiliated with Daylight Company have their own independent privacy policies governing the use of your Personal Data pursuant to the GDPR and we encourage you to read those privacy policies carefully.  You understand that even if Daylight Company deletes your Personal Data that it may still be available in a third-party service provider’s database.  Daylight Company has no responsibility or liability for the Personal Data collection, use, or storage activities of the third-party services providers used by Daylight Company to provide you with the services associated with the Website.

 

Daylight Company may outsource or subcontract some of our technical support, tracking and reporting functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy and the GDPR.  You understand and agree that Daylight Company will not be held responsible for any third-party communications sent by entities that Daylight Company does not own or control.  You are encouraged to review any third-party privacy policies before utilizing any such third-party service.

 

Daylight Company may include or offer third-party products or services on the Website and provide third-party links to the same.  These third-party websites have separate and independent privacy policies.  Daylight Company has no responsibility or liability for the content and activities of such third parties or their websites.  We encourage you to read carefully the privacy policies of all such third-party websites.  We seek to protect the integrity of the Website and therefore welcome any feedback about any such third-party websites.

 

Personal Data Transfer and Storage.

Your Personal Data is stored and processed on computers and servers in the Germany and through your use of the Website, you consent to the processing and storage of your Personal Data and personally identifiable information.  You understand that your Personal Data may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction.  United States customers please note that while we transfer your Personal Data to the Germany for storage, we may process portions of your Personal Data in the United States and United Kingdom.

 

Personal Data Retention.

Website Users understand and agree that if they provide Daylight Company with Personal Data that it is stored as long as reasonably necessary to fulfill the purposes we collected it for, including for purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements.  To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

 

In some circumstances you can ask use to delete your Personal Data, by following the process articulated below in this Privacy Policy.  Even if Daylight Company deletes your Personal Data from its own server, it may still be available in a third-party service provider’s database.  You should consult with those third parties in the event you would like Personal Data deleted therefrom.

 

Personal Data Security.

Daylight Company uses standard technology to store and help prevent against the unauthorized disclosure of your Personal Data. Though we undertake commercially reasonable efforts to protect your information, no website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.

 

In order to protect your Personal Data, Daylight Company uses specific security measures, such Secure Sockets Layer (SSL) protocol, which encrypts information you input at 128-bit strength. This is denoted in most web browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, indicating a secure connection.

 

EU Users’ Rights Under the GDPR.

The GDPR provides Users located in the EU under its protection certain rights with respect to their Personal Data collected by us on the Website.  Accordingly, Daylight Company recognizes and will comply with the GDPR and those rights, except as limited by applicable law.  The rights under the GDPR include:

 

  • Right of Access: This includes the right to obtain from us your Personal Data and whether it is being processed, along with the purposes of the processing; categories of Personal Data concerned; recipients to whom your Personal Data has been disclosed; the period for which your Personal Data is being stored; and the right to lodge a complaint.

 

  • Right of Rectification: This includes the right to correct inaccurate Personal Data collected and/or stored by us.

 

  • Right of Erasure (“Right to be Forgotten”): This includes the right to have your Personal Data deleted. However, if applicable law requires us to comply with your request to delete information, fulfilment of your request may prevent you from using our services and may result in closing your account.

 

  • Right to Restriction of Processing: This includes the right to request restriction of how and why your Personal Data is used or processed by us.

 

  • Right to Data Portability: This includes the right to receive your Personal Data in a structure, readable format and the right to have your Personal Data transferred.

 

  • Right to Object: This includes the right to object to us processing your Personal Data for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes.

 

  • Right to not be Subject to Automated Decision-Making: This includes the right to not be subject to a decision based solely on automated processing, including profiling, that could have a legal, or similarly significant, effect on you from being made solely based on automated processes.

 

Purchase or Sale of the Website or Other Assets.

Daylight Company may purchase other businesses or sell components of its business, including, but not limited to, the Website. In the event Daylight Company purchases another business or sells any component of its business, your Personal Data will continue to be used consistent with the terms of this Privacy Policy.

 

How To Stop Daylight Company from collecting your Personal Data.

You can stop Daylight Company from collecting your Personal Data by contacting Daylight Company at [email protected] and requesting that Daylight Company stop collecting your Personal Data.  Additionally, you can adjust your web browser settings to limit or turn off Cookies or other tracking techniques, or you can cease use of the Website.  You may contact Daylight Company with any requests regarding your Personal Data. Daylight Company also honors Do Not Track requests and signals.

 

Your Obligations.

When using the Website, you are obligated to inform Daylight Company of any changes to your Personal Data.

 

California Residents.

Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third-party companies or individuals that Daylight Company has shared your Personal Data with in the previous calendar year, as well as a description of the categories of Personal Data disclosed to that third party. You may obtain this information once a year and free of charge by contacting Daylight Company at the address below.

 

Children’s Online Privacy Protection Policy.

The Website is not intended for or directed to users under the age of 18, and Daylight Company does not knowingly or intentionally collect Personal Data from children under the age of 13 or other minors. Where appropriate, Daylight Company takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that Personal Data may have been inadvertently provided to or collected by Daylight Company, please contact us immediately so appropriate steps may be taken to remove such information from Daylight Company’s database.

Abandoned Cart Feature

If you have accepted our cookie policy, you will find that we have an Abandon Cart feature which allows us to contact you IF you have provided to us your e-mail address either at check location of the website or you have signed up to our newsletter.
You have the right to opt-out of this feature after receiving your first email from us or by not accepting our cookie policy.
We use the Abandon Cart feature in accordance with GDPR Article 6(1)(f) which describes the ‘legitimate interests’ basis for the lawful processing of personal data under the GDPR. It gives us the right to contact you on a lawful basis about your Abandon Cart only if you have accepted this from the pop-up banner on the website.
In accordance with the GDPR we ask ourselves the following three questions before using the Abandon Cart feature for processing your personal data:
Purpose – is there a legitimate interest for the processing?
Necessity – is the processing necessary for that purpose?
Balancing – is the legitimate interest overridden by the individual’s interests, rights or freedoms?

Answer/findings:
___________________________________________________________________________
Purpose — Contacting you ONLY if you have abandoned your cart before checking out serves a legitimate interest as you have selected your products to purchase but not successfully checked out. We allow you to continue your order at any time by sending you emails as a reminder should you wish to complete your order at a later stage. All emails have an opt-out section.
Necessity — Processing an email address and sending an email is necessary to ensure you don’t have to re-start your order before adding items to your order or to check out your cart. It also gives us an opportunity to ensure that you did not have difficulties with our website and is a good measurement of positive user experience.
Balancing — Visitors/potential buyers indicate interest by adding items to the cart and entering an email address. We give such visitors/potential buyers the ability to opt out and provide a disclosure (see [insert cross-reference to the disclosure] of this practice in advance of collecting the email address and relevant personal data. We are balancing your freedoms and rights with our legitimate interest.

 

Contact and Notices.

All questions and concerns regarding this Privacy Policy may be submitted to Daylight Company at:

 

Daylight Company LLC

Debra Stearns

P.O. Box 8428

Spring, TX 77387

1-866-329-5444

[email protected]