Last Updated: August 23, 2024

 

LivelyFlock.com and its related services and products (“Website”) are owned and operated by Lively Flock LLC (“Lively Flock”, “our”, “us”, “we”), a Michigan limited liability company with its principal place of business in Waterford, Michigan. Lively Flock has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects Personal Information when you use the Website and to explain how this information is used. You should contact Lively Flock directly with any questions or concerns.

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Lively Flock 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 Lively Flock 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

• California Consumer Privacy Act (“CCPA”) means the California statute intended to enhance privacy rights and consumer protection for residents of California, United States.

• General Data Protection Regulation (“GDPR”) means the European Union (“EU”) law on data protection and privacy applicable to individuals within the EU.

• Personal Data under the GDPR 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.

• Personal Information under the CCPA means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For purposes of this Privacy Policy, “Personal Data” is included within this definition.

• “Account” means a Registered User’s optional account with the Website.

• “Customer” means any User that places a purchase through the Website, but elects to not create an optional Account.

• “Registered User(s)” means any User that has created an optional Account with the Website. Registered Users may also make purchases through the Website.

• “Recipient(s)” means any User that elects to receive greeting cards purchased through the Website by other Users.

• “User(s)” means all individuals that visit and access the Website, including Customer, Recipients, and Registered Users.

• “You / Your / You’re” means Users.

 

Types of Personal Information We Collect

Lively Flock may collect the following Personal Information from all Users who contact Lively Flock seeking more information or signing up for our newsletter:

• First name;

• Last name;

• Email address;

• Any other information that you upload or submit to the Website directly or indirectly.

 

Lively Flock may collect the following Personal Information from Customers when making a purchase:

• First name;

• Last name;

• Email address;

• Phone number;

• Billing address;

• Shipping address;

• Any other information that you upload or submit to the Website directly or indirectly.

 

Lively Flock may collect the following Personal Information from Registered Users:

• First name;

• Last name;

• Email address;

• Phone number;

• Billing address;

• Shipping address;

• Any other information that you upload or submit to the Website directly or indirectly.

 

Lively Flock may collect the following Personal Information from Recipients:

• First name;

• Last name;

• Email address;

• Phone number;

• Shipping address;

• Any other information that you upload or submit to the Website directly or indirectly.

 

In addition, Lively Flock may collect the following Personal Information from all Users:

• Your geolocation;

• Your IP address;

• Your browser and search engine information;

• Your device information;

• Your visitor history;

• 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 Wix; and

• Any other additional analytic data that you voluntarily submit to the Website.

 

Sources of Personal Information Collection

Lively Flock may collect this Personal Information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, 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, 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 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 Lively Flock from placing Cookies (other than those required for the Website to function) on your device by referencing the instructions below.

 

Listed below is how we use different categories of cookies and similar technologies (referred to as cookies), as well as information on your options for managing the settings for the data collection by these technologies:

• Type of cookie: Required Cookies (Strictly Necessary)

  • Description​: required – or strictly necessary – cookies enable you to navigate the Website and use its features.

  • Managing settings: because required cookies are essential to operate the Website there is no option to opt out of these cookies.

• Type of cookie: Functional Cookies (Non-strictly Necessary)

  • Description​: Functional – or non-strictly necessary cookies – allow us to access website usage information so as to be able to perform functions such as to remember information you have entered or choices you make, and provide enhanced, more personal features. The site is hosted by Wix which uses cookies; it uses general cookies, and may use cookies specific to certain Wix solutions. The Wix solutions we use are Wix Forms & Payments for site forms which allow you to sign up for our email newsletter and to contact us, and Wix Content Manager for managing content on our site. Along with the analytics tools Wix offers, we may 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 may be used by us for the purposes of making content, assessing and reflecting on our efforts, and maintaining and improving our business.

  • Managing settings: 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 out 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. To learn more about how Wix uses cookies and how you may opt out, visit here. You can also adjust your individual browser settings relating to cookies by visiting these pages:

    • Google Chrome

    • Internet Explorer

    • Microsoft Edge

    • Mozilla Firefox

    • Safari (Desktop)

    • Safari (Mobile)

    • Android Browser

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

• Type of cookie: Targeting or Advertising Cookies (Non-strictly Necessary)

  • Description​: we may use Google Search Console and Google Analytics to log when users view specific pages or take specific actions on or getting to the Website. This can help us improve in assisting people in finding our site. Google Analytics would specifically allow us to provide targeted advertising in the future if we so choose. We may also use Google Ads and/or Microsoft Advertising and/or Meta Ads as tools to acquire relevant new customers who are looking for our goods and/or services.

  • Managing settings: to learn more about how Google uses cookies targeted in advertising, visit here. To adjust your Google Ad Settings and learn how to opt out of particular targeted advertising visit here or the Network Advertising Initiative opt-out page here. Regarding Microsoft Advertising, you can learn about managing your data here. Regarding Meta Ads, you can learn about managing your data here.

• Type of cookie: Other Cookies (Non-strictly Necessary Ones Which May Classify as Previously Mentioned Types of Cookies)

  • Description​: so we can easily add those who sign up for our email newsletter to our Mailchimp contacts, we have the app Mailchimp Email Marketing Poco by Presto-Changeo.

  • Managing settings: to learn more about how Mailchimp may use your information as applicable and how you can manage your data, visit here. To learn more about how Presto-Changeo may use your information as applicable and how you can manage your data, visit here.

 

Lawful Basis for Processing Your Personal Information

The lawful basis for us processing your Personal Information 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 products, information, and resources featured on the Website.

 

How Lively Flock Uses Your Personal Information.

We use your Personal Information 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, and update you regarding changes to the Website and the Lively Flock and third-party services offered through the Website.  

 

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

• Enable your use of the Website and its associated services;

• Improve algorithms;

• Measure service usage;

• Develop new features;

• Contact and communicate with you through applicable modes of communication, whether through email, telephone, text message, and/or messages within the Website; 

• Customize and/or tailor the Website and your user experience;

• 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 Lively Flock;

• 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 Lively Flock’s benefits, products, 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 our Terms of Use;

• Combine your personal and personally identifiable information with information from other Lively Flock applications and/or services; and

• Facilitate your use of the Website and upgrades/replacements to the Website.

 

Sharing of Your Personal Information

Lively Flock would share your Personal Information with third parties in the following circumstances:

 

• Where Lively Flock has obtained your consent and from that point decides to move forward with sharing it;

• Where Lively Flock shares statistics and/or demographic information about users of the site as a whole or large group; this would be for the purpose of making content, giving general types of insight; this does not refer to giving information that would allow the public to learn any specific person's identity, whereabouts, means for payment, and the like;

• Where sharing or disclosure of your Personal Information is necessary or important and reasonable for providing 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 Information is necessary pursuant to a campaign with Facebook and/or Instagram;

• Where sharing or disclosure of your Personal Information is necessary or meaningful and reasonable for sharing personal or personally identifiable information with Lively Flock’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;

• Where Lively Flock has been purchased by a third party;

• Where sharing or disclosure of your Personal Information is necessary or important and reasonable for responding to requests by government authorities;

• Where your Personal Information is demanded by a court order or subpoena;

• Where sharing or disclosure of your Personal Information is needed or important and reasonable for protecting the employees, independent contractors, officers, directors, members, users, or owners of Lively Flock;

• Where Lively Flock is receiving trusted support as a company or reliably working toward improvement as a company and it would be necessary or meaningful and reasonable;

• Where those who provide you with the Website, and/or associated services and those who assist us in operating the Website, providing the associated services, and conducting our business are in need of or meaningfully have reason to, reasonably, and reliably seek support; this does not refer to giving information that would allow anyone to learn any specific person's identity, whereabouts, means for payment, and the like;

• Where sharing or disclosure of your Personal Information is needed or important and reasonable for helping prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and

• Where Lively Flock is otherwise legally obligated to share your personal or personally identifiable information.

 

Lively Flock May Share Your Personal Information With the Following Third Parties:

• Google (privacy policy here);

• Apple (privacy policy here);

• Wix (privacy policy here);

• Mailchimp (privacy policy here); and

• Mailchimp Email Marketing PoCo app (privacy policy here).

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No Liability Third-Party Services and Third-Party Links

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

 

Lively Flock 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, the GDPR, and the CCPA. You understand and agree that Lively Flock will not be held responsible for any third-party communications sent by entities that Lively Flock does not own or control. You are encouraged to review any third-party privacy policies before utilizing any such third-party service.

 

Lively Flock 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. Lively Flock 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 Information Transfer and Storage

Your Personal Information is stored and processed on computers, servers, and digital devices in the United States and through your use of the Website, you consent to the processing and storage of your Personal Information and personally identifiable information. You understand that your Personal Information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction. If you are located outside the United States and choose to provide Personal Information to us, please note that we transfer your Personal Information to the United States and process it here, and that we may store portions of your Personal Information in the United States. 

 

Website Users understand and agree that if they provide Lively Flock with Personal Information that it is stored indefinitely, unless the User contacts Lively Flock to have their Personal Information removed from storage. As specified above, even if Lively Flock deletes your Personal Information from its own servers, 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 Information deleted therefrom.

 

Personal Information Security

Lively Flock uses reasonable technology to store and help prevent unauthorized disclosure of your Personal Information. 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 Information, Lively Flock uses specific security measures, such as 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 in the browser 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, Lively Flock 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, fulfillment 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 structured, 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.

 

California Users’ Rights

Under the CCPA, California Users have the following rights:

 

• Right to Know About Personal Information Collected, Disclosed, or Sold: You have the right to request that Lively Flock disclose what Personal Information of yours it collects, uses, discloses, and sells over the past 12 months.

 

• Right to Request Deletion of Personal Information: You have the right to request that Lively Flock delete any of your Personal Information that we collected from you.

 

• Right to Opt-Out of the Sale of Personal Information: Lively Flock does not sell Personal Information. 

 

• Right to Non-Discrimination for Exercising CCPA Rights: Lively Flock shall not discriminate against California Users for exercising their rights under the CCPA. 

 

To exercise your rights under the CCPA – or have an authorized agent exercise your rights under the CCPA on your behalf – please submit either a “Request to Know Personal Information” or a “Request to Delete Personal Information” to Lively Flock by contacting Lively Flock at hello@livelyflock.com.

 

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

 

Purchase or Sale of the Website or Other Assets

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

 

How to Stop Lively Flock From Collecting Your Personal Information

You can stop Lively Flock from collecting your Personal Information and/or have your Personal Information deleted by contacting Lively Flock at hello@livelyflock.com and requesting that Lively Flock stop collecting and/or delete your Personal Information. 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 Lively Flock with any requests regarding your Personal Information. Wix, Lively Flock’s host, does not honor Do Not Track requests and signals.

 

Your Obligations

When using the Website, you are obligated to inform Lively Flock of any changes to your Personal Information.

 

Children’s Online Privacy Protection Policy

The Website is not intended for or directed to users under the age of 18, and Lively Flock does not knowingly or intentionally collect Personal Information from children under the age of 13 or other minors. Where appropriate, Lively Flock 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 Information may have been inadvertently provided to or collected by Lively Flock, please contact us immediately so appropriate steps may be taken to remove such information from Lively Flock’s database.

 

Contact and Notices

All questions, concerns, notices, and requests regarding this Privacy Policy may be submitted to Lively Flock at:

 

Lively Flock LLC

5119 Highland Rd

Suite 167

Waterford, MI 48327

 

hello@livelyflock.com