Privacy Policy

EFFECTIVE: JANUARY 1, 2020

ByChari, Inc., as operator of this website (“ByChari”, “we” or “us”) has created this privacy policy (“Privacy Policy”) in connection with information collected through its website located at bychari.com (“Website”) mobile sites, and applications. By using the Website, you (“you”) agree to the terms and conditions of this Privacy Policy. 

This Privacy Policy applies to all users, including those who use the Website without subscribing to the Website and those who have subscribed to the Website (collectively “users”). This Privacy Policy applies to our collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email address). 

 

1. INFORMATION THAT IS COLLECTED

1.1 PERSONAL INFORMATION

Personal information is any information that can be used to identify, locate or contact you.  We collect the following types of personal information:

Contact information that allows us to communicate with you, such as your name, username, mailing address, telephone numbers, country of residence, billing information,  email address or other addresses that allow us to send you emails or messages. Transaction information about how you interact with ByChari including your purchase history and customer account information. 

We generally collect personal information directly from you or directly from you through Shopify. We may ask you for personal information when you interact with ByChari, such as subscribing to the Website, liking us on social media, or signing up to receive e-mail newsletters. 

1.2 AUTOMATIC INFORMATION

Examples of the automatic information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; and the phone number you used to call our number. We may associate such automatic information with the personal information you provide.  

We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of the Website for fraud prevention and other purposes to help us better serve users with information relevant to their particular desires, needs and/or interests. 

“Cookies” are text files placed on your computer to collect Internet log information and visitor behavior information. 

Mobile 

When using the Website on your mobile device, additional information, such as your location, may be automatically collected. Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device's settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or your device manufacturer. 

2. HOW YOUR INFORMATION IS USED

ByChari uses your information to deliver personalized content to you;Provide you with marketing communications from ByChari and, in some cases, our partners;Administer surveys and other promotional events that you may voluntarily choose to join; Keep you signed in on our Website;Understanding how you use our Website based on your preferences, interests, purchasing history and browsing behavior so we can personalize your experience. These could include what language you prefer, the advertisements you see and the location you are in. Manage our everyday business needs, such as payment processing and financial account management, product development, contract management, website administration, forum management, fulfillment, analytics, security and fraud prevention, corporate governance, reporting and legal compliance.

ByChari limits its sharing of your information to third-parties, and may share your information with ByChari's affiliates, who may only use your information in compliance with this Privacy Policy; ByChari’s service providers, who are instructed to only use your information in accordance with our instructions; Unaffiliated joint marketing partners, but only if you have given ByChari your consent; andOther parties or entities where needed to affect the sale or transfer of business assets, in connection with a bankruptcy proceeding, to enforce our rights, protect our property, or protect the rights, property or safety of others, or as needed support external auditing, compliance and corporate governance functions.  ByChari may also disclose information when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the countries where we operate.

Please note that ByChari may also use and disclose information about you that is not personally identifiable (i.e. personal information in an aggregate form that no longer identifies you). 

If ByChari intends to use your information in a manner materially different than as set out in this Privacy Policy, ByChari will provide you with information on that other purpose prior to that use.

3. SECURITY OF YOUR INFORMATION

ByChari takes commercially reasonable steps to protect the security of your information.  ByChari takes commercially reasonable steps to protect the security of your information. ByChari provides physical, electronic, and procedural safeguards to protect information. Please be aware that, although Company endeavors to provide reasonable security for information we process and maintain, no website, internet transmission, computer system or wireless connection is completely secure and cannot prevent all potential security breaches. Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Website is at your own risk.  

4. EXTERNAL LINKS

ByChari is committed to your right to privacy.  However, please note that this Privacy Policy only applies to the Website and not to any other websites or applications that you may access from the Website, each of which may have privacy policies that are materially different from this Privacy Policy. ByChari encourages you to be aware when you leave the Website and to read the privacy policies of each and every other website and/or application, as ByChari is not responsible or liable for the commitments and obligations made to you in any privacy policy or the terms and conditions of any such website or application.

5. CONSENT TO PROCESSING IN THE UNITED STATES

The Website is operated in the United States. By providing any information to us, all users, including, without limitation, users in the member states of the European Union, Canada, China or elsewhere outside of the United States, fully understand and consent to this Privacy Policy. By using the Website, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.

6. CHILDREN

This Website is not designed for Children. Except where otherwise indicated, we do not knowingly collect or store any personal information from children. If a parent or guardian becomes aware that his or her child has provided us with information without his or her consent, he or she should contact us at info@bychari.com or call us toll-free at 310-874-8725. As required by law, we will use commercially reasonable efforts to delete such personal information from our files within a reasonable time.

7. ACCESS, CORRECTION AND OTHER RIGHTS

If you have an online account, you can log into your account at any time to access and update your information. You may ask Company to:

Provide you with a copy of your personal data;Correct mistakes to your personal information including your profile; Delete your personal information; Restrict processing of your personal information; and Provide you with a copy of the personal information you provided to us. 

If you need any assistance updating your personal information, please contact us info@bychari.com or call us toll-free at 310-874-8725

8. DATA RETENTION

ByChari retains your information for as long as your account is active, or as long as needed for the business purposes described in this privacy policy, in accordance with applicable legal standards.

ByChari will process your personal data for no longer than is necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or allowed by law. 

To determine the appropriate retention period for personal data, ByChari considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances ByChari may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case ByChari may use this information indefinitely without further notice to you.

9. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, the California consumer privacy act ("CCPA") requires the following additional rights.

Please note your right to know and right to delete are subject to certain exceptions under the CCPA. You may authorize an agent to exercise these rights on your behalf by providing a notarized power of attorney evidencing that you have authorized this agent to exercise your rights under the CCPA:

Disclosures About Your Information: We collect the information as described under Section 1 entitled “INFORMATION WE COLLECT”. ByChari uses this information as described under Section 2 entitled “HOW YOUR INFORMATION IS USED” Right to Know: California residents may request information regarding the following: the categories of personal information we have collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom the business shares personal information and the specific pieces of personal information it has collected about that consumer.  Right to Delete: You may request that ByChari delete the personal information that we have collected about you. Note that ByChari may retain some information as required or permitted by applicable law. Please note that, although we do our best to remove information or content, ByChari cannot guarantee complete removal (i.e. when content or information has been reposted by a third party user). Right to Non-Discrimination: ByChari will not discriminate you for exercising any of these above-mentioned rights. Online Tracking and Do Not Track Disclosures: Please note that third parties other than By Chari may collect personal data about the activities of users of the Website over time and across different websites. Do Not Track (“DNT”) is a privacy setting available by most browsers. ByChari currently does not respond to browser DNT signals.  ByChari does not and will not sell personal data as the term “sell” is defined by the CCPA. 

If you are a California resident that would like to exercise any of your above rights, please contact us at: info@bychari.com or call us toll-free at 310-874-8725. Disclosure and delivery of the requested information is free of charge and shall be delivered within 45 days of receiving a verifiable request from you. The disclosure shall cover the 12-month period preceding your verifiable requests.

10. EUROPEAN RESIDENTS

If you are a resident of the European Union, you have certain rights and protections under the law, including the general data protection regulation ("GDRP"), regarding the processing of your personal data.

Legal Basis for Processing 

ByChari uses your information as described under Section 2 entitled “HOW YOUR INFORMATION IS USED.” ByChari will only use your information with your consent to do so, which you may withdraw at any time. 

Disclosures and Rights

We want to make sure you are fully aware of all of your data protection rights. You are entitled to the following:

Right to Access: EU residents may request information regarding the following: the categories of personal information we have collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom the business shares personal information and the specific pieces of personal information it has collected about that consumer.  Right to Delete: You may request that ByChari delete the personal information that we have collected about you. Note that ByChari may retain some information as required or permitted by applicable law. Please note that, although we do our best to remove information or content, ByChari cannot guarantee complete removal (i.e. when content or information has been reposted by a third party user). Right to Rectify: You have the right to request that ByChari correct any information you believe is inaccurate. You also have the right to request ByChari to complete information you believe is incomplete. Right to Restrict Processing: You have the right to object to ByChari’s processing of your personal information, subject to certain conditions. Right to Data Portability: You have the right to request that ByChari transfer the data that we have collected to another organization, or directly to you, under certain conditions. Right to Non-Discrimination: ByChari will not discriminate you for exercising any of these above-motioned rights. ByChari does not and will not sell personal data as the term “sell” is defined by the CCPA. 

If you would like to exercise any of these rights, please contact us at: info@bychari.com or call us toll-free at 310-874-8725. If you make a request, ByChari shall respond to you within one month. 

Complaints and Questions 

If you are a European resident who has complaints or concerns regarding how we process personal data that we are unable able to resolve, you have the right to lodge a complaint with the relevant data privacy authority according to where you live. 

11. POLICY CHANGES

ByChari reserver the right to modify, alter or otherwise update this privacy policy from time to time, so you are encouraged to review this privacy policy from time to time.

Your continued use of the Website following the posting of such modifications, alterations or updates will signify your acceptance thereof. Please note that each time you use the Website, the current version of this Privacy Policy will apply.

If ByChari changes its Privacy Policy, ByChari will date and post those changes on the Website so that you are always aware of what information we collect, how such information is used and under what circumstances, if any, such information is disclosed. Any and all changes to the Privacy Policy will also be reflected on this page. Unless we obtain your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect. If at any point ByChari decides to use information in a manner different from that stated at the time it was collected, ByChari will notify you and you will then have a choice whether or not ByChari can use such information in this different manner.

12. ACCEPTANCE OF TERMS

By using the website, you hereby accept all of the terms set forth in our privacy policy.

If you do not agree to accept all or any portion of such terms, then you are respectfully asked not to use the Website. 

CONTACT US

If you have any questions please contact us:

Email: info@bychari.com 

Phone: 310-874-8725

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