PRIVACY POLICY

PRIVACY POLICY

Last Updated: October 16, 2023

This privacy notice for Butterbucks Company LLC (“Company”, “we”, “us”, “our”, “Butterbucks”),

describes how we may collect, store, use, share, and disclose your information when you interact or use our website https://www.butterbucks.com (“Website”) or when you access, browse, use, or purchase products from this Website (“ Services”) in any manner.

Questions or Concerns? Reading this Privacy Policy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at: store@butterbucks.com

1. WHAT INFORMATION DO WE COLLECT?

We may collect personal information that you choose to send or provide to us when you visit, use, navigate our Website or Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us, or as part of the buying and selling process when you purchase an item/product from our Website. The information we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. An example of the information we may collect directly from you/customers, may include: names, phone numbers, date of birth, email addresses, mailing addresses, job titles, usernames, contact preferences, contact or authentication data, debit/credit card numbers, passwords, billing addresses, internet protocol addresses, or upload and interaction or transactional information in connection with the Services.

Sensitive information

When necessary, with your consent or as otherwise permitted by applicable law, we may process the following categories of sensitive information: financial data.

Payment Data

We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information Automatically Collected

We automatically collect certain information when you visit, use, or navigate our Website or Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URL’s, device name, country, location, information about how and when you use our Services, and other technical information. The information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we may collect includes:

· Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).

· Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

· Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with applicable law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

· To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.

· To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service. 

· To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.

· To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.

· To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, and returns made through the Services.

· To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.

· To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes. If this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see “WHAT ARE YOUR PRIVACY RIGHTS?” below.

· To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.

· To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.

· To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.

· To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

· To save or protect an individual’s vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

· To send users information about products and services. We may process your information to send special offers and discounts on our products and services.

· To administer our website. We may use collected information for internal purposes, provide maintenance, to operate, troubleshoot, testing, data analysis, technical notifications, make improvements to our website, security notifications, diagnose problems and/or prevent fraudulent activities, and investigate unauthorized access to the website and/or services.

· To communicate. We may process your information to communicate with you via email or other means regarding our website and/or services.

3. WHAT LEGAL BASIS DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services, to enter, into, or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal basis we rely on, in order, to process your personal information. As such, we may rely on the following legal basis to process your personal information.

· Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.

· Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into, a contract with you.

· Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in, order to:

· Send users information about special offers and discounts on our products and services.

· Develop and display personalized and relevant advertising content for our users.

· Analyze how our Services are used so we can improve them to engage and retain users.

· Support our marketing activities.

· Diagnose problems and/or prevent fraudulent activities.

· Understand how our users use our products and services so we can improve user experience.

· Legal Obligations/Protection of Butterbucks Company LLC and Others. We reserve the right to process, access, to read or preserve and disclose your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, protect the rights, property, safety of our store, directors, employees, officers, our users or other, or disclose your information as evidence in litigation in which we are involved. 

· Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PESONAL INFORMATION?

We may need to share your personal information in the following situations:

Business Functions. We may share your information with third parties to fulfill service requests and to perform business functions (e.g., contracts with third parties to provide services on our behalf such as data hosting services, mailing and delivery services, accounting services, payment processing services).

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company, other changes of control, if we enter bankruptcy, or if we go out of business. 

Required by Law.  If we are required by law to do so, we may disclose your information if you violate our Terms of Service. We may respond to certain circumstances where we may be required to disclose your personal information to valid requests by law enforcement.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. HOW LONG WILL WE KEEP YOUR INFORMATION?

In Short: We may keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through our system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information from loss, misuse, or fraudulent or unauthorized activities, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from, or market to children under 18 years of age.

We do not knowingly solicit data from, or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we may have collected from children under age 18, please contact us at: store@butterbucks.com

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time. In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have the rights that allow you greater access to and control over your personal information. 

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below or updating your preferences.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Rights if located in the EU or UK: In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.

We will consider and act upon any request in accordance with applicable data protection laws.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

CCPA PRIVACY NOTICE

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents”.

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

WHAT CATEGORIES OF PERSONAL INFORMATION DO WE COLLECT 

We may collect identifiers that you choose to send or provide to us, for example: your real name, postal address, telephone or mobile contact number, email address, birthday, and age.

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

· Receiving help through our customer support channels;

· Participation in customer surveys or contests; and

· Facilitation in the delivery of our Services and to respond to your inquiries.

HOW DO WE USE AND SHARE YOUR PERSONAL INFORMATION?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at: store@butterbucks.com, or by referring to the content details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

WILL YOUR INFORMATION BE SHARED WITH ANYONE ELSE?

We may disclose your personal information with third party service providers that perform a variety of services on our behalf, such as operation and maintenance or analysis of our website, or for the purpose of market research/activities. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.

We may disclose your personal information with other entities in connection with, or during negotiations of, any merger, financing, purposes of a sale, or acquisition of all or a portion of our business, or other related business event. We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. 

YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA 

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right for free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have the right to know:

· whether we collect and use your personal information;

· the categories of personal information that we collect;

· the purposes for which the collected personal information is used;

· whether we sell or share personal information with third parties;

· the categories of personal information that we sold, shared, or disclosed for a business purpose;

· the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;

· the business or commercial purpose for collecting, selling, or sharing personal information; and

· the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request. 

11. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, geographic location, or jurisdiction you may have the right to request access to the personal information we collect from you, review, update that information, or delete it. You can contact us about a review, update, or deletion of data by sending a request to, “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. Please, make note that you would like to receive a Data Subject Access Request (DSAR) Form regarding the handling of personal information. We will need an appropriate amount of time to respond to your request. You may exercise other data subject rights to you under the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). We will examine your request and respond as quickly as possible.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we aim to update this notice as necessary to stay compliant with relevant laws.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are posted for your reference. We reserve the right, in our sole discretion, to make changes or modifications to our Privacy Policy from time to time and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review our Privacy Policy to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes and/or clarifications in any revised Privacy Policy by your continued use of the Services. We are under no obligation to update at any given time any outdated material that may be on our site. We reserve the right to change the content, and if necessary, suspend website access or close our website indefinitely at any given time without notification. The date at the top of our Privacy Policy indicates when it was last updated.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at store@butterbucks.com or contact us by post at:

Butterbucks Company LLC

PO Box 97

Sabinal, Texas 78881

United States