Yesly Water, LLC (“we” “us” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (this “Policy”) describes how your Personal Information (as defined in Section 1) is collected, used, and shared when you visit or make a purchase from www.yeslywater.com (the “Site”).

By accessing the Site, ordering our products and/or using our services, you are consenting to the collection of Personal Information and use practices described in this Policy, as modified from time to time by us in our sole discretion.

SECTION 1 – WHAT DO WE COLLECT?  WHAT DO WE DO WITH YOUR INFORMATION?

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, operating system, IP address, time zone, and some of the Cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about Cookies, and how to disable Cookies, visit link: http://www.allaboutcookies.org.

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site), and to assess the success of our marketing and advertising campaigns. From time to time, we may release Device Information in the aggregate (for example, by publishing a report on trends in the usage of the Site).

When you purchase something from our store as part of the buying and selling process, we collect other personally identifying data and information from you, such as your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Policy, we are talking about both Device Information and Order Information.

We collect Personal Information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with the Site. In addition to the uses set forth elsewhere in this Policy, we may use Personal Information about you for various purposes, including to:

• Provide, maintain and improve the Site and our products;
• Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about the Site, products, offers, surveys, events and other news and information we think may be of interest to you;
• Collect statistics and monitor and analyze trends, usage and activities in connection with the Site;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect our rights and property;
• Personalize and improve the Site and provide advertisements, content and features that match your profile or interests;
• Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
• Carry out any other purpose for which the information was collected.

If you are a registered user of the Site and have supplied us with your email address, we may occasionally send you an email informing you of new features, soliciting your feedback or keeping you up to date with our products. If you send us a request (for example, via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.

SECTION 2 – CONSENT

How do you get my consent?

You consent to our collection and use of Device Information by using or accessing the Site.

You consent to our collection and use of Order Information when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase. 

We will ask directly for your express consent to use your Order Information for a secondary reason, like marketing, or provide you with an opportunity to say no.

How do I withdraw my consent?

You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us via phone at (941) 263-4700, via email at customerservice@yeslywater.com or via mail at Yesly Water, LLC, 1343 Main Street #601, Sarasota, FL 34236, Attn: Danielle Afualo.

If you decide you don’t want to receive marketing emails from us, you can opt out of marketing emails by clicking the “Unsubscribe” link in our emails, or emailing us at customerservice@yeslywater.com.

SECTION 3 – DISCLOSURE

Subject to the terms of this Policy, we shall never sell, rent, share or otherwise distribute or make available your Personal Information to third parties outside of our group of companies without your consent, except that we may access, use, preserve, and disclose your Personal Information to third parties if we believe in good faith that it is reasonably necessary to:

• Comply with applicable laws, regulations, legal processes, and governmental requests;
• Protect the safety of any person including to prevent death or imminent bodily harm;
• Detect, prevent, and address fraud, security, or technical issues;
• Further process your Personal Information in accordance with the purposes for which it was originally collected;
• Enforce the Terms of Service; or
• Protect our rights or property.

SECTION 4 – PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information, including under the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”). To learn more about your California privacy rights under the CCPA, visit https://oag.ca.gov/privacy/ccpa.

We will not discriminate against you for exercising any of your CCPA and/or CPRA rights. Unless permitted by the CCPA and/or the CPRA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

In addition, California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please call us at (941) 263-4700, via email us at customerservice@yeslywater.com or write to us at Yesly Water, LLC, 1343 Main Street #601, Sarasota, FL 34236, Attn: Danielle Afualo.

SECTION 5 – RETENTION OF PERSONAL INFORMATION

We will only retain your Personal Information for as long as necessary to fulfill the purpose we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We retain Personal Information for the duration of any actively engaged user of our Site and services and for a period after this time as necessary and relevant to our legitimate operations and in accordance with applicable law obligations. This may include retention necessary to identify, issue or resolve legal proceedings. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes. 

SECTION 6 – INTERNATIONAL USERS

Our Site is based in the United States.  If you are visiting from the European Union, Canada or other region with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally.  By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction. 

Users in the European Economic Area (the “EEA”) and Switzerland.  If you are a resident of the EEA or Switzerland, the following information applies.

1. Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Site.  We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; and (3) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy.

1. Right to lodge a complaint: Users that reside in the EEA or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here: link: https://edpb.europa.eu/about-edpb/board/members_en.

1. Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.

1. Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.

1. 1. The right to access. You have the right to obtain (i) confirmation as to whether personal data concerning you is processed or not and, if processed, to obtain (ii) access to such data and a copy thereof.

1. 1. The right to rectification. You have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

1. 1. The right to request data erasure. You have the right to have your data erased from our App if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.

1. 1. A right to data portability. You have the right to receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from us. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.

1. 1. The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.

If you would like to exercise any of these rights, please contact us via email at customerservice@yeslywater.com.

SECTION 7 – SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here: link: https://www.shopify.com/legal/terms or Privacy Policy here: link: https://www.shopify.com/legal/privacy.

SECTION 8 – THIRD-PARTY SERVICES

In general, the third-party service providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.

For those providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by those providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Policy or our Terms of Service.

Third-Party Links

When you click on links on the Site, they may direct you away from our Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 9 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed; provided, however, that you are responsible for choosing a secure password when creating an account with us and keeping your password secure and confidential.

If you provide us with your credit card information, the information is encrypted using secure socket layer (SSL) technology and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a completely secure environment, and that therefore the confidentiality of your Personal Information provided or transmitted via our Site or by e-mail cannot be guaranteed by us. Thus, we are not responsible or liable for the security of your Personal Information whilst in transit via the Internet to us.

By using the Site or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site.  If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending a message.  You may have a legal right to receive this notice in writing.  To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us via phone at (941) 263-4700, via email at customerservice@yeslywater.com or via mail at Yesly Water, LLC, 1343 Main Street #601, Sarasota, FL 34236, Attn: Danielle Afualo.

SECTION 10 – COOKIES

By using or accessing the Site, you are consenting to our use of Cookies as follows:

We, and third-party vendors (such as Google), use Cookies to analyze user activity in order to improve the Site. For example, using Cookies we can look at aggregate patterns, like the average number of beverage options that users browse. We can use such analysis to gain insights about how to improve the functionality and experience for all users, as well as serve ads based on past site activity.

If you do not wish to have cookies places on your computer, you should set your browser to refuse cookies before visiting the Site, noting that certain features of the Site may not function properly without the aid of cookies.

Interest-Based Online Advertising

As you navigate through and interact with our Site, we may utilize automatic data collection technologies to collect anonymized information about your Site visit. We do this to help us estimate the size of our audience and their usage patterns in order to improve the user experience for everyone.

Data collected may include, but is not limited to, demographic information like age and gender, system details like your browser version and operating system, your mobile device type if accessing the Site on your phone or tablet, onsite behavior like which pages on our Site that you visited and how long you stayed, and whether or not you completed any actions like making a purchase or signing up for our mailing list. Nothing collected is personally identifiable.

We may from time to time allow others to serve advertisements on our behalf, on other sites across the internet or to send direct mail to customers whom we think may be interested in our products or services based on you visiting the Site in the past. These entities may use Cookies, web beacons or other technologies to function properly and identify the effectiveness of those efforts. Third party vendors may pool the anonymous information that they collect from our website through the cookies with other source information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail or such advertisements. This Policy covers the use of cookies by us only and does not cover the use of cookies by any advertisers.

You have the right to update, correct, or modify information we may have about you at any time.

SECTION 11 – AGE OF CONSENT

Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 13. To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 13 should not provide any Personal Information.  We will not knowingly collect, use, or disclose Personal Information from a child under the age of 13, without obtaining prior consent from a person with parental responsibility (parent, guardian).  By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.  We ask that parents supervise their children while online.

SECTION 12 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.  Your use of the Site signifies your acceptance of this Policy.  If you do not agree to the terms of this Policy, please do not use the Site. 

If the ownership of all or substantially all of our business changes, or we otherwise transfer assets relating to our business or any of the services to a third party (such as by merger, acquisition, bankruptcy proceeding, or other change of control transaction), we may transfer or sell your information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to this Policy unless we notify you otherwise.

SECTION 13 – TRADEMARK RIGHTS

We and our affiliates, licensors and content providers are the owners of all the trademarks used on the Site.  Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks without our express written consent.

SECTION 14 – QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information, contact our team via phone at (941) 263-4700, via email at customerservice@yeslywater.com or via mail at Yesly Water, LLC, 1343 Main Street #601, Sarasota, FL 34236, Attn: Danielle Afualo.

We urge you to also carefully read our “Terms of Service”, available [here] for more information on the use of our Site.

Effective Date: May 1, 2023