Privacy policy
INFORMATION ABOUT US
bemerchbetter.com (the “Site” or “we” or "us") is operated and owned by Winterbourne [ABN 48 860 094 728]. We take your privacy very seriously and are committed to protecting and respecting it.
This Privacy & Cookies Policy (together with the documents referred to on it and the terms and conditions) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purposes of the Data Protection Act 1998 (the “Act”), the data controller is Winterbourne [ABN 48 860 094 728]. We will only collect and process information about you in accordance with this Privacy and Cookies Policy. By using our site, you consent to such processing.
MINORS
Please note that our site and the service available on it are not aimed at Minors, and you should not share any personal information with us if you are a Minor (the age of Minors is determined by local laws where you reside).
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process certain information about you, your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy & Cookies Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we may collect:
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Information that you provide when you fill in forms on our site, such as your name, age, billing & shipping address, email address, sex and mobile number. We may also ask you for information when you purchase products (“Products”) from our site, register for our mailing list, access our chat forum and when you report a problem with our site.
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Information about you such as your name, address and contact details when you enter a competition or prize-draw we may choose to operate.
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If you contact us, we may keep a record of that correspondence.
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We or our agents on our behalf may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
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Details of any transactions you carry out through our site and of the fulfilment of your orders (“Orders”).
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Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
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Device information to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site. Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels. Information may include version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will endeavour to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy and Cookies Policy.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
RETENTION
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
DISCLOSURE OF YOUR INFORMATION
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
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We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
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We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
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In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
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If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
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If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
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To our third party partners as part of providing the full functionality and services of our site to you and to allow them to provide you with details of their services and/or products which might be of interest to you.
BEHAVIOURAL ADVERTISING
We use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
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We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
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We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
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We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising.
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.
USES MADE OF THE INFORMATION
We use your personal Information to provide our services to you, which may includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers. We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, Products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To notify you about changes to our service.
- To fulfil our legal obligations and respond to litigation.
- For our statistical or survey purposes to improve our site and communicate our services to you.
- To prevent or detect fraud or abuses of our site and enable third parties to carry out technical, logistical or other functions on our behalf.
- If you consent, to notify you by email of our Products, promotions, competitions and special offers that may be of interest to you.
- To create non personally identifiable reports on the user interaction with our site.
Lawful basis
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
- Your consent;
- The performance of the contract between you and the Site;
- Compliance with our legal obligations;
- To protect your vital interests;
- To perform a task carried out in the public interest;
- For our legitimate interests, which do not override your fundamental rights and freedoms.
Automatic decision-making
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. Services that include elements of automated decision-making include:
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Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
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Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.
HOW REMOVE, UPDATE YOUR PERSONAL INFORMATION INCLUDING UNSUBSCRIBING FROM OUR NEWSLETTER
When you enter your email address into the newsletter icon and click the icon, you will be given the opportunity to provide us with your details for us to contact you. If you wish to update, correct or delete your details or unsubscribe form our newsletter you can do so following the relevant icons and links in displayed our email to you. If you wish us to delete your details from our records entirely, you will need to contact us via e-mail as we will need to do this manually for you.
YOUR RIGHTS
GDPR
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please please contact us by e-mail.
Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us by e-mail.
COOKIES
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our services.
Be sure to check this list against Shopify’s current list of cookies on the merchant storefront: https://www.shopify.com/legal/cookies
Cookies Necessary for the Functioning of the Store
| Name | Function | Duration |
|---|---|---|
| _ab | Used in connection with access to admin. | 2y |
| _secure_session_id | Used in connection with navigation through a storefront. | 24h |
| _shopify_country | Used in connection with checkout. | session |
| _shopify_m | Used for managing customer privacy settings. | 1y |
| _shopify_tm | Used for managing customer privacy settings. | 30min |
| _shopify_tw | Used for managing customer privacy settings. | 2w |
| _storefront_u | Used to facilitate updating customer account information. | 1min |
| _tracking_consent | Tracking preferences. | 1y |
| c | Used in connection with checkout. | 1y |
| cart | Used in connection with shopping cart. | 2w |
| cart_currency | Used in connection with shopping cart. | 2w |
| cart_sig | Used in connection with checkout. | 2w |
| cart_ts | Used in connection with checkout. | 2w |
| cart_ver | Used in connection with shopping cart. | 2w |
| checkout | Used in connection with checkout. | 4w |
| checkout_token | Used in connection with checkout. | 1y |
| dynamic_checkout_shown_on_cart | Used in connection with checkout. | 30min |
| hide_shopify_pay_for_checkout | Used in connection with checkout. | session |
| keep_alive | Used in connection with buyer localization. | 2w |
| master_device_id | Used in connection with merchant login. | 2y |
| previous_step | Used in connection with checkout. | 1y |
| remember_me | Used in connection with checkout. | 1y |
| secure_customer_sig | Used in connection with customer login. | 20y |
| shopify_pay | Used in connection with checkout. | 1y |
| shopify_pay_redirect | Used in connection with checkout. | 30 minutes, 3w or 1y depending on value |
| storefront_digest | Used in connection with customer login. | 2y |
| tracked_start_checkout | Used in connection with checkout. | 1y |
| checkout_one_experiment | Used in connection with checkout. | session |
| checkout_session_lookup | Used in connection with checkout. | 3w |
| checkout_session_token_<<token>> | Used in connection with checkout. | 3w |
| identity-state | Used in connection with customer authentication. | 24h |
| identity-state-<<token>> | Used in connection with customer authentication. | 24h |
| identity_customer_account_number | Used in connection with customer authentication. | 12w |
Reporting and Analytics
| Name | Function | Duration |
|---|---|---|
| _landing_page | Track landing pages. | 2w |
| _orig_referrer | Track landing pages. | 2w |
| _s | Shopify analytics. | 30min |
| _shopify_d | Shopify analytics. | session |
| _shopify_s | Shopify analytics. | 30min |
| _shopify_sa_p | Shopify analytics relating to marketing & referrals. | 30min |
| _shopify_sa_t | Shopify analytics relating to marketing & referrals. | 30min |
| _shopify_y | Shopify analytics. | 1y |
| _y | Shopify analytics. | 1y |
| _shopify_evids | Shopify analytics. | session |
| _shopify_ga | Shopify and Google Analytics. | session |
| customer_auth_provider | Shopify analytics. | session |
| customer_auth_session_created_at | Shopify analytics. | session |
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org or visit www.youronlinechoices.eu which has further information about behavioural advertising and online privacy.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
DO NOT TRACK
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
CHANGES TO OUR PRIVACY AND COOKIE POLICY
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. Any changes we may make to our Privacy and Cookies Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
LINKS
This Privacy and Cookies Policy applies only to information collected by us on our site. The site may contain links to other websites. Please be aware that we are not responsible for the privacy and cookies policies of such other websites and we would advise you to read the privacy and cookies policy of other websites that collects your personal information.
COMPLAINTS
As noted above, if you would like to make a complaint, please contact us by e-mail. If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority.
CONTACT
If you have any questions, comments or requests regarding this Privacy and Cookies Policy, the practices of our site or your dealings with our site you can contact us by mailing winterbournetheband@gmail.com
Thank you for visiting our site.
Last updated: 23.02.2023