Privacy Policy

This privacy policy (“Privacy Policy“) applies only to www.herbycbd.com (the “Site“), which Site is developed, maintained and operated by MY PRIVATE PATIO™  (“MY PRIVATE PATIO™“, “we”, “our” or “us“). This Privacy Policy does not pertain to other information that is collected offline or to information that is posted or provided by third parties. BY USING THIS SITE, YOU AGREE THAT YOU HAVE REVIEWED AND UNDERSTAND THE TERMS OF USE AND THIS PRIVACY POLICY, THAT YOU ACCEPT AND ARE SUBJECT TO THE TERMS AND CONDITIONS AND THIS PRIVACY POLICY AND THAT YOU CONSENT TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS SITE.

1. Information Collected

This Privacy Policy applies only to information collected on this Site.

We automatically collect certain information when you use this Site. For example, we may collect identifying information that allows us to track the number of users of this Site and the way users navigate through this Site. The types of identifying information collected may include the date and time you use this Site, the search terms that you use, the content you view, the products you purchase, your IP address and associated location information, as well as the operating software and browser being used to access or use this Site.

We collect two types of information from visitors to this Site: (1) Personally Identifiable Information; and (2) Non- Personally Identifiable Information, such as your IP address or information obtained from cookies.

Personally Identifiable Information.

“Personally Identifiable Information” is information provided voluntarily to us by you that identifies you personally, such as your name, address, telephone number, email address, or company name that MY PRIVATE PATIO™ may collect and store. MY PRIVATE PATIO™ may use that Personally Identifiable Information to communicate with you by email, telephone or otherwise. Here are some examples of ways in which we may collect your Personally Identifiable Information on this Site:

• We may collect your first and last name, mailing address and billing information if you purchase a product or service on this Site.
• We may collect registration details about a product you purchase from MY PRIVATE PATIO™. This information may be tied to your name and mailing address.
• We may collect your first and last name, email address, phone number or product or service details if you contact us with a question related to our products or services.
• We may collect your first and last name, mailing information, email address and phone number if you register for MY PRIVATE PATIO™ newsletter.
• We may collect your first and last name, mailing information, email address and billing information if you download information from this Site.
• We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes.

The above list only provides examples of the types of Personally Identifiable Information that may be collected on this Site. If you do not want MY PRIVATE PATIO™ to collect your Personally Identifiable Information, please do not provide it to us.

Non-Personally Identifiable Information

“Non-Personally Identifiable Information” may be technical or demographic information, such as your age, location, gender or interests. Non-Personally Identifiable Information does NOT identify you personally. Here are some examples of the Non-Personally Identifiable Information that is collected via this Site:

• Internet Protocol (IP) address — Your IP address is a number that identifies each computer participating in a computer network.
• Cookie — A “cookie” is a small text file that may be used to collect information about your activity on this Site or to track users across the Internet. For example, when someone visits a page within this Site, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited this Site previously. Some of the cookies we use may be flash cookies or Adobe cookies. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Site.
• Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) — “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies. Web Beacons may be used to count users who have visited certain pages of this Site and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Web Beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, Web Beacons are embedded invisibly on web pages.
• Product Information — We may collect registration information or other details with respect to a product or service you have ordered or requested.
• In some of our email messages to you, we may use a “click-through URL.” When you click one of these URLs, you pass through our web server before arriving at the website that is your destination. We track click-throughs to help us determine your interest in particular topics and to measure the effectiveness of our customer communications. We use the information we collect to provide you with more relevant advertisements. This statistical information is also used to monitor the usage of this Site and for advertising purposes. This information does not include Personally Identifiable Information.
• We may collect the above Non-Personally Identifiable Information from all visitors to our Site. If you do not want MY PRIVATE PATIO™ to have access to this information, please do not visit our Site.

2. Use of Information Collected Via this Site

Personally Identifiable Information

We may use Personally Identifiable Information that is collected on this Site for the following purposes:

• To deliver services.
• To alert you of special offers, promotions, sweepstakes and products or services from MY PRIVATE PATIO™.
• To fulfill the terms of a promotion.
• To ensure this Site is relevant to your needs.
• To help us create and publish content most relevant to you.
• To notify you about a material change to this Privacy Policy or our Terms and Conditions.
• To allow you access to limited-entry areas of this Site.
• To contact you in response to sign up forms such as Contact Us or other inquiry.

Non-Personally Identifiable Information

Non-Personally Identifiable Information is used as described above and in other ways as permitted by applicable laws.

We may combine Non-Personally Identifiable Information with Personally Identifiable Information collected from other sources, such as cookies, Web Beacons or outside sources.

We may also use IP addresses and anonymous demographic information in the aggregate to share with advertisers and market researchers. We may share this aggregated information with other third parties. While it is possible to correlate this information to particular individuals, we do not generally do so for information collected on this Site; however, we reserve the right to drill down into anonymous demographic information or otherwise correlate it to particular individuals in order to investigate unlawful conduct and/or breaches of any of our Terms and Conditions.

3. Sharing and Disclosure of Information

Personally Identifiable Information

MY PRIVATE PATIO™ may share selected Personally Identifiable Information to help manage our business for things that include, but are not limited to, the following:

• To complete your purchase. If you choose to make a purchase on this Site, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personally Identifiable Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). You may also complete a purchase on this Site via PayPal. In order to fulfill your purchase, PayPal may collect your credit card, debit card or other account number, billing address and other information related to such purchase. The information you provide to PayPal is subject to PayPal’s Privacy Policy.
• To fulfill a service to you. For example, if you purchase or download an item from this Site, we may share your Personally Identifiable Information in order to provide the item to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. In addition, if you purchase a product via this Site, we may need to share your data with third parties in order to have that product delivered to you. Also, if you are entering a sweepstakes or contest, we may use your Personally Identifiable Information in order to fulfill the terms of that promotion.
• To fulfill a service to you. For example, if you purchase or download an item from this Site, we may share your Personally Identifiable Information in order to provide the item to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. In addition, if you purchase a product via this Site, we may need to share your data with third parties in order to have that product delivered to you. Also, if you are entering a sweepstakes or contest, we may use your Personally Identifiable Information in order to fulfill the terms of that promotion.
• To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on MY PRIVATE PATIO™ behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). Because such unaffiliated third-party service providers that help us administer our Site will have access to users’ Personally Identifiable Information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any Personally Identifiable Information to us.
• To comply with the law or in the good faith belief that such action is necessary in order to comply with the requirements of law or requests from law enforcement or government agencies, to comply with legal process served on us, or to protect and defend our rights or property, including the rights and property of MY PRIVATE PATIO™, or act in urgent circumstances to protect the personal safety of our users.
• To protect against potential fraud, we may verify with third parties the information collected from this Site. In the course of such verification, we may receive Personally Identifiable Information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
• From time to time MY PRIVATE PATIO™ may share your Personally Identifiable Information with marketing partner companies whose products or services we feel you might be interested in, except where prohibited by law. MY PRIVATE PATIO™ may also share your name, address and purchasing behavior with cooperative databases that we may participate in or with list rental fulfillment vendors that we may have, except where prohibited by law.
• MY PRIVATE PATIO™ may leverage Adobe Analytics, Google Analytics, AdSense and similar analytics and/or internet-based advertising tools. You can learn more about how Google uses data when you use their partner sites or apps here: https://www.google.com/policies/privacy/partners. MY PRIVATE PATIO™ may use the features in conjunction with Google Analytics for Display Advertisers including, but not limited to, Remarketing with Google Analytics, Google Display Network Impression Reporting, DoubleClick Platform integrations and Google Analytics Demographics and Interest Reporting.
• To learn more or to choose not to have this information used by our third party advertising partners by opting out, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp.
• MY PRIVATE PATIO™ may allow third party behavioral tracking.

Non-Personally Identifiable Information

We may use Non-Personally Identifiable Information collected on this Site in the manner disclosed above.

We may also use the information we collect from cookies for marketing and product planning purposes and allow third parties, including advertisers, to place cookies and other technologies on your device. Our display advertising partners may then enable us to present you with retargeting advertising on other web sites based on your previous interaction with this Site. Other companies’ use of their cookies is subject to their own privacy policies and not this Privacy Policy.

4. Do-Not-Track Mechanisms

We do not currently honor any “do-not-track” signal sent by browsers. Your experience will not be altered if you use a “do-not-track” mechanism. You may opt-out of targeted advertising from National Advertising Initiative members by visiting http://www.networkadvertising.org/choices/.

5. Collection and Use of Information from Children Under the Age of Thirteen

This Site is not intended for children under the age of thirteen. MY PRIVATE PATIO™ does not knowingly collect or solicit any Personally Identifiable Information from anyone under the age of thirteen or knowingly allow such persons to use this Site. If you are under thirteen please do not attempt to register on this Site or send us any Personally Identifiable Information. If you have reason to believe that we have collected any Personally Identifiable Information from someone under thirteen years of age, please have the child’s parent or guardian contact us.

6. Opt-Out

From time to time, we communicate with users who subscribe to our services via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services and to send notices and other disclosures as required by law. You have consented to receiving such emails by providing your email address.

From time to time, we communicate with users who subscribe to our services via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services and to send notices and other disclosures as required by law. You have consented to receiving such emails by providing your email address.

7. International Transfer of Information

If you are visiting this Site from outside the United States and provide us with Personally Identifiable Information, please note that your Personally Identifiable Information may be transferred, stored and processed within the United States. The data protection or privacy laws in the United States may not be as comprehensive as those in your country.

By interacting with this Site, you are consenting to the transfer of your Personally Identifiable Information and you understand that MY PRIVATE PATIO™ may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.

8. Forums, Chat Rooms and Other Public Posting Areas

Any information you may include in a message you post to any product review board, chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, do not include it in any message you post publicly.

9. Registration Data and Your Obligation to Keep Your Access Rights Secure

You promise to (a) provide true, accurate, current and complete information about yourself as prompted by a registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof). You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the registration and Site.

10. Third Party Web Sites

This Site may contain links to other third party web sites. MY PRIVATE PATIO™ does not endorse and is not responsible for any third party web sites, products, services or business practices.

MY PRIVATE PATIO™ assumes no responsibility for the privacy or security of information you provide to any third party through linked web sites or any other means. We urge you to review the privacy policy of any web site you visit. We are not responsible for the privacy practices or the content of these other web sites.

With respect to purchase transactions through the commerce solution which is accessible through this Site, users may be required to provide Personally Identifiable Information (including credit card information) directly to a third party retailer in connection with the sale of products through this Site, and any information so disclosed to such third party shall be governed by such third party’s privacy policy.

11. Bankruptcy; Mergers and Acquisitions; Assignment

If we should ever file for bankruptcy or merge with another company, or if we should decide to buy, sell or reorganize some part or all of our business, we may be required to disclose your information, including to prospective or actual acquirers in connection with one of these transactions. We may also sell, rent, disclose or transfer your Personally Identifiable or Non-Personally Identifiable Information to a successor entity in the event of a corporate merger, consolidation, sale of assets or other corporate changes respecting MY PRIVATE PATIO™.

12. Changes to this Privacy Policy

We reserve the right to change this Privacy Policy or any portion of this Privacy Policy from time to time in our sole discretion.

13. Security

Any information that you transfer to MY PRIVATE PATIO™ is done at your own risk. MY PRIVATE PATIO™ makes reasonable efforts to ensure security on our systems. However, this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of firewalls and secure server software. The safeguards we use reflect, in a commercially reasonable manner, the nature of the information you have supplied to us and the nature and scope of our business.

MY PRIVATE PATIO™does not make any warranty, express, implied or otherwise, thatMY PRIVATE PATIO™ will be able to prevent any loss, misuse, unauthorized access to or alteration of, Personally Identifiable Information or information you transmit to us through this Site or otherwise.

We urge you to take every precaution to protect your Personally Identifiable Information when you are on the Internet or storing such information on your device. This Privacy Policy does not extend to anything that is inherent in the operation of the Internet and therefore beyond our control.

14. Governing Law / Venue / Forum

This Agreement shall be governed by the laws (both substantive and procedural) of the State of Colorado and by the federal laws of the United States, excluding their conflicts of laws provisions. All disputes, controversies and disagreements between the parties arising out of or related to this privacy policy shall be exclusively submitted for, resolved and finally settled by, binding arbitration

15. California Residents

If you are a California resident and have an established business relationship with MY PRIVATE PATIO™, you can request, pursuant to California Civil Code Section 1798.83, a notice disclosing the categories of Personally Identifiable Information we have shared with third parties during the preceding calendar year for the purpose of direct marketing by the third parties. To request a notice, please submit your request using our contact form.

16. Contacting MY PRIVATE PATIO™

If you have any questions about this Privacy Policy or our privacy practices, please contact us. All information you provide in any written communication will also be covered by this Privacy Policy.