Privacy Policy
This Privacy Policy (“Privacy Policy” or “Policy”) describes the practices of 5EVER LLC, doing business as Chris McMillan (“we,” “us,” or “our”), with respect to the collection and use of personal information, including through our website at chrismcmillan.com, which is operated by Shopify. This Policy describes rights you may have with respect to your personal information. By using this website and otherwise interacting with us, you agree to our Terms of Service, including this Policy and Shopify’s Privacy Policy.
This Policy does not cover the personal information we collect about employees and independent contractors, or job applicants, nor does it cover any of our B2B or wholesale lines of business.
Personal Information We Collect
We collect the following categories of personal information:
- Personal identifiers: name; email address; your mailing and billing addresses; telephone numbers; account name and password; names or other identifying information used in customer reviews; IP address
- Commercial and financial information: records of products ordered or considered; other purchasing or consuming histories; and payment information
- Internet or other electronic activity information: your device and browser type; your browsing and search history on our website; and information regarding your interaction with our website and our advertisements
- Inferences drawn from personal information we collect
Purposes for Collection of Personal Information
We collect the categories of Personal Information identified above for the following purposes:
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To provide products, services, and support
Categories used: Personal identifiers; Commercial and financial information; Internet or other electronic activity information.
Examples: To provide you with our products and other information you request; to contact you from time to time; to provide you with information about our business; for customer support; for quality assurance purposes. -
To deliver advertising and marketing
Categories used: Personal identifiers; Commercial and financial information (including reviews provided to the company); Internet or other electronic activity information; Inferences.
Examples: To deliver advertisements and promotions about products or services we think may be of interest to you; and to analyze the placement and effectiveness of our advertisements and other marketing efforts. -
To monitor, improve, and analyze our website
Categories used: Personal identifiers; Commercial and financial information; Internet or other electronic activity information. -
To prevent fraud and protect rights and safety
Categories used: Personal identifiers; Commercial and financial information; Internet or other electronic activity information.
Examples: To prevent fraud; to address activities that violate our Terms of Service or that are illegal; and to protect our rights and the rights and safety of our users or others.
Retention Periods
We retain the categories of personal information we collect for the length of time necessary to operate our business and to comply with legal obligations or to protect our legal rights.
Categories of Personal Information We Sell or Use for Targeted Advertising
We may use the following categories of personal information for targeted advertising or sell such information under the definition of “sale” in certain state data privacy laws (which define sale broadly to mean the exchange of personal information with third parties for a benefit other than monetary compensation):
- Personal identifiers (including IP address, mobile advertising IDs)
- Internet or other electronic activity information
Shopify, which operates our website, may also collect and use your personal information in a way that may constitute a sale of personal information, as explained further below.
These categories of personal information are sold to or shared for targeted advertising with advertising networks, data brokers, and other companies that facilitate or engage in digital advertising. We engage in such sales and sharing to facilitate personalized advertising. We do so by allowing third parties to place cookies or other tracking technologies on our website that may collect information about your online activities over time and across different websites or applications. For more information about the use of cookies and other tracking technologies, see the section “Our Use of Cookies and Analytics” below.
Shopify Services
Our website is hosted by Shopify and Shopify processes your personal information when you visit and make purchases from us, complete your purchases, and for security and fraud detection purposes. Shopify may also use personal information it collects through our website to facilitate personalized advertising and share it with third parties (including those that may be located in other countries) in a way that may constitute a sale of personal information or the sharing of your information for targeted advertising, as defined under state data privacy laws.
The categories of personal information Shopify collects that may constitute a “sale” or be used for targeted advertising are: contact and profile information; device information including IP address, device identifiers, browsers you use; payment information; information about products you view, purchase, review, or rate. For more information about Shopify’s data privacy practices, please see its privacy policy here: https://www.shopify.com/legal/privacy/consumers.
If your state law provides rights to opt-out of such sales and the use of personal information for targeted advertising, click [insert opt out link] to exercise those rights. See U.S. State Data Privacy Rights section below for more information about states with such rights.
We do not sell or share for targeted advertising any of the other categories of personal information we collect.
Categories of Third Parties To Whom We Disclose Personal Information
We disclose personal information to the following categories of entities that do not operate as our processors and are not our affiliates:
- Advertising companies and data brokers that process personal information for purposes of providing advertising and marketing services to us and other parties
- Shopify (as described above) for advertising, marketing, and analytics purposes
Additional Information About How We May Disclose Personal Information and Purposes for Disclosures
We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information to third parties to help detect and protect against fraud or data security vulnerabilities. And we may disclose or transfer your personal information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring.
Use or Disclosure of Sensitive Personal Information
We do not collect, use or disclose sensitive personal information to create profiles about or infer characteristics about individuals, or for any purposes other than providing our Services.
Sources From Which We Collect Personal Information
We collect personal information directly from our customers, website users, social media platforms, and representatives of entities with which we do business or may do business.
No Profiling to Facilitate Decisions with Legal or Other Significant Effects
We do not engage in the automated processing of personal information to create profiles about individuals that are used in furtherance of decisions with legal or other similarly significant effects, such as the provision or denial of financial or lending services, housing, insurance, or access to essential goods or services.
Our Use of Cookies and Analytics
We may use cookies, pixel tags, web beacons and other similar tracking technologies (“tracking technologies”) to automatically collect information through our website. Tracking technologies are small data files placed on your computer, tablet, mobile phone, or other devices that record certain pieces of information when you visit our website. We may use these tracking technologies to help identify irregular behavior, prevent fraudulent activity and improve security, as well as making it possible for you to save your preferences and help us understand how you interact with our website.
We also allow third parties (including Google and Meta) to use tracking technologies to collect or receive information about how you interact with our websites and elsewhere on the Internet and use that information to provide analytics and other measurement services, and to deliver and target advertisements tailored to you. Third parties may also use some of these technologies to assist us in determining if you require assistance or are having problems navigating on our websites, and this may include technologies that record your interactions with the website, including without limitation, your keystrokes, mouse clicks, screen touches, and information about when, how and from where you accessed our website.
You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com. As noted above, if you are a resident of Texas or Nebraska, you may opt out of the use of tracking technologies by clicking here.
We use Google Analytics to evaluate the use of our website. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit a Site, what pages they visit when they do so, and what other websites they visited prior to visiting our website. For information about Google’s privacy practices, please refer to the Google Privacy Policy: https://policies.google.com/privacy?hl=en-US#infocollect.
Personal Information of Minors
Our products and website are not directed to minors under the age of 13 and we do not knowingly sell or share for purposes of behavioral advertising the personal information of minors, including minors under 18 years of age.
SMS Consent and Terms and Conditions
Information obtained as part of SMS or text messaging consent will not be shared with third parties or affiliates; it will only be shared with service providers that operate our SMS/text messaging service for the purpose of providing that service.
If you have consented to receive text messages from us, you may receive text messages about discounts or product offerings. Message rates may apply and messaging frequency may vary. You may opt out of text messages by texting STOP. For additional information, you can text HELP. Links to our Terms of Service and this Privacy Policy may also be provided.
Third Party Websites and Platforms
Our website may contain links to third-party websites or platforms, including social media buttons that link to social media platforms. This Policy does not govern how those third parties or social media platforms collect or use personal information and we do not endorse or have control over their practices. The privacy policies and terms of use for those third parties’ websites/apps or social media platforms govern those companies’ privacy practices. We are not responsible for the content or privacy practices of any third-party websites or platforms.
Securing Your Personal Data
We implement and maintain reasonable security appropriate to the nature of the personal information that we collect, use, retain, transfer or otherwise process. However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to maintaining a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to factors that cannot reasonably be prevented. Accordingly, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.
Changes to This Policy
We will review and update this Policy from time to time. If changes are made, we will update the Privacy Policy and reflect the date of such modification in the date above. If the changes are material, you will be notified via a notice on our website.
Accessibility
To make accessibility-related requests or report barriers, please contact us at clientservice@chrismcmillan.com.
U.S. State Data Privacy Rights
Consumer Rights Under Comprehensive U.S. State Data Privacy Laws
State privacy laws in Nebraska and Texas give residents of those states various rights with respect to the personal information we collect. The rights provided under these laws are similar in many respects, with some differences from state to state. We list below these rights, noting that not all rights are available under each state’s law:
- Right to Know: The right to confirm whether we are processing a resident’s personal information and to access such data.
- Right to Access / Copy: The right to access or request a copy of the personal information we have collected from the resident, subject to certain exceptions.
- Right to Delete: The right to request deletion of their personal information that we have collected from or about the resident and to have such information deleted, subject to certain exceptions.
- Right to Correct: The right to request that we correct inaccuracies in personal information, taking into account the nature of personal data and purposes of processing such information.
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Rights to Opt Out: Various rights to request that we stop using an individual’s personal information for one or more of the following purposes:
- Sale of Personal Information: The right to request that we stop selling their personal information, consistent with the definition of “sale” in each law.
- Targeted Advertising: The right to request that we stop processing their personal information for targeted advertising, subject to exceptions in some state laws.
Exercising Your Rights
We will respond to requests from residents of states with data privacy laws that apply to us and will do so with respect to the rights that are provided under the requestor’s state law as of the effective date of that law. The laws in some states listed above may not be in effect as of the date of this Privacy Policy.
To exercise rights to know, access/copy, delete, correct, or know third parties to whom personal information is disclosed, submit a request through our webform or by contacting us at clientservices@chrismcmillan.com. We will provide a substantive response to these requests within 45 days of the date on which we receive your request. If we require additional information or time to process your requests, we will contact you.
To exercise opt-out rights, submit your request [here].
Opt-out Preference Signals and Do Not Track
An opt-out preference signal is sent by a platform, technology, or mechanism on behalf of consumers and communicates a consumer’s choice to opt-out of the sale and sharing of personal information for cross-context behavioral advertising with all businesses that recognize the signal, without having to make individualized requests. The signal can be set on certain browsers or through opt-out plug-in tools.
We recognize the Global Privacy Control (“GPC”) signal for IP addresses in Texas and Nebraska. If you would like more information about opt-out preference signals, including how to use them, the Global Privacy Control website has such information: https://globalprivacycontrol.org/.
We will respond to opt-out requests as soon as feasibly possible, but no later than 15 business days after receipt of your request. If we require additional information or time to process your requests, we will contact you.
We do not respond to the DNT or “Do Not Track” signal.
Exercising Your Rights Using Authorized Agents
Agents may submit opt-out requests on behalf of individuals under Nebraska’s privacy law; this is not an option that is available under the Texas privacy law.
If your agent submits an opt-out request on your behalf, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the opt-out request on your behalf. This requirement does not apply to any tool that facilitates the operation of the Global Privacy Control signal. Agents can submit opt-out requests [here].
Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with state law pertaining to powers of attorney.
Verification of Requests
When you exercise rights other than opt-out rights, we will take steps to verify your identity. We may ask you for at least two pieces of personal information, depending on the nature of the request, and attempt to match those to information that we maintain or collect about you.
If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.
When We Do Not Act on a Request – Appeal Process
In some cases, we may not act on your requests (e.g., if we cannot do so under other laws that apply). When this is the case, we will explain our reasons for not providing you with the information or taking the action (e.g., correcting data) you requested.
Additionally, you have the right to appeal our decision by contacting us at clientservices@chrismcmillan.com within 30 days after your receipt of our decision.
Non-Discrimination
If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly. If you exercise your rights under this Privacy Policy, you will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services than others.
Contact Us
If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format you may contact us at clientservices@chrismcmillan.com.
