PATIO FEVER’S PRIVACY NOTICE

Last Updated: November 9, 2023

This privacy notice (“Privacy Notice”) describes how Lifestyle Barn, LLC d/b/a Patio Fever (“Patio Fever,” “our,” “we,” or “us”) collects, uses, discloses, transfers, and protects your (“you” or your”) personal and personally identifiable information, along with how you can contact Patio Fever to request amendment, modification, or deletion of your personal and personally identifiable information, when you use the modernblaze.com website and its associated services (“Website”).

What does this Privacy Notice cover?

This Privacy Notice covers Patio Fever’s collection, use, disclosure, transfer of, and protection of your personal and personally identifiable information. Patio Fever is located in the United States of America and may store and process your personal and personally identifiable information in the United States of America. When you agree to this Privacy Notice and use the Website, you agree to the collection and processing of your personal and personally identifiable information in the United States of America and subject to the terms of this Privacy Notice.

Our Website may include links to websites or may include the use of analytics tools that are owned, operated, and maintained by third parties. Patio Fever does not exercise control over the privacy practices such third party websites or analytics tools, and you are encouraged to review the privacy practices of all such third-party websites or analytics tools disclosed within this Privacy Notice.

Before using the Website or providing information to us, please carefully review this Privacy Notice. By using or accessing the Website, you agree that we may collect and use your personal and personally identifiable information in accordance with this Privacy Notice, as revised from time to time. Patio Fever may modify, amend, replace, or suspend this Privacy Notice at any time. If you have any questions or suggestions regarding our Privacy Notice, or if your personal information is not accurate or complete, please contact us at:

Patio Fever
ATTN: Privacy Compliance Officer
382 NE 191st St, STE 45073
Miami, FL 33179-3899
United States
support@patiofever.com

By providing Patio Fever with your personal or personally identifiable data and using the Website, you warrant that you are over the age of eighteen (18) or otherwise above the age of majority within your jurisdiction. If you are younger than eighteen (18) or the age of majority within your jurisdiction, please do not use the Patio Fever Website and please do not provide personal information to us.

OUR DATA PRACTICES

What Data we Collect, How and Why we Collect it, and How we Use and Secure it

What information do we collect?

When you use the Website, we may collect personal or personally identifiable information from you (“PII”). PII may include any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. It does not include anonymized data.

We may collect and process the following categories of PII about you:

• Identification and Contact Data. Identification and contact data includes data that you submit to us or authorize to be submitted to us through our Website or e-mail, such as your name, address, country, phone number, and email address, data that you voluntarily provide when submitting customer support requests or other communications to Patio Fever, and identification data that is collected automatically when you use our Website, such as data stored in persistent cookies when you login to our Website or analytics data that is collected from you when you use our Website. We collect and process identification and contact data to respond to your requests for products, services, or customer support, to operate our Website, to authenticate you as a user of our Website, to ensure that timely and relevant content is provided to you, to secure our Website, to ensure that our Website operates in a fast and efficient manner, and to maintain backups of our Website and any submissions that you may have made to it. Patio Fever’s lawful grounds for processing this data are:
• its legitimate business interests in administering and offering its Website and products,
• to comply with legal obligations to which Patio Fever is subject,
• to utilize user data as necessary for the performance or administration of a contract, such as a contract related to the sale of Patio Fever’s products, and
• your explicit consent. Where our collection and processing of your identification and contact data is based on your explicit consent, you have the right to revoke your consent at any time.
• Communication Data. Communication data includes any communication that you may send to us through the Website, email, or social media. We process this data to communicate with you by email, direct message through a social media platform, or other means, to provide you with customer support, to record logs of our communication, and to store information to respond to legal claims. Patio Fever’s lawful ground for collecting and processing communication data is to respond to communications sent by you to us, to keep records of our communication, and to pursue or defend against legal claims.
• User Data. User data includes data that you voluntarily submit to Patio Fever when you create a user account and data about how you use the Website, such as your name, address, country, phone number, and email address. This includes data stored in persistent cookies when you login to the Website and analytics data that is collected when you use the Website. We collect and process this data to operate the Website, to authenticate you as a user of the Website, to ensure that timely and relevant content is provided to you, to secure the Website, to ensure that the Website operates in a fast and efficient manner, and to maintain backups of the Website. Patio Fever’s lawful ground for processing this user data is its legitimate business interests in administering and offering the Website and to fulfill your orders for products through the Website.
• Technical Data. Technical data includes data about your use of the Website, such as your IP address, your login data, your phone number, your mobile device model, your operating system, your geolocation, and your time zone. We may collect this data from your use of the Website and from advertising IDs, including from Google Analytics, Facebook, Bing, and other analytics providers. A full list of our analytics providers and links to their respective privacy policies are provided below in this Privacy Notice. Patio Fever processes this data to analyze your use of the Website, to route Website traffic, to administer and secure the Website, to provide location-relevant content, and to troubleshoot problems with the Website. Patio Fever’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the Website and to grow its business and marketing strategy.
• Marketing Data. Marketing data includes data about your preferences in receiving and interacting with Patio Fever’s advertisements on third party platforms or content on the Website. We collect this data from your use of the Website and from advertising IDs created through advertising programs, such as Google Advertising IDs. Patio Fever does not connect advertising identifiers to persistent device identifiers, such as MAC addresses or mobile device IDs. Patio Fever’s lawful ground for collecting and processing this marketing data is its legitimate interests in administering and offering the Website and to grow its business and marketing strategy by providing advertisements, including remarketing advertisements, to you.

Patio Fever will only use your PII for the purpose for which it was collected. If Patio Fever needs to use your PII for an unrelated new purpose, Patio Fever will provide you with notice of this new use and will explain the lawful ground for such processing. Patio Fever may process your PII without your knowledge or consent where required or permitted by law.

How do we collect this information?

Patio Fever collects PII from you through a variety of different means:

• Direct Collection. Patio Fever may collect PII from you when you make a purchase, register for a user account on the Website, contact us, respond to a survey, participate in a contest, or when you opt-in to receive marketing emails, text messages, or mailings from us.
• Third Party Tracking Tools. Patio Fever uses third party tracking tools, such as pixels, web beacons, and cookies, to automatically collect PII from you when you open, view, or click Patio Fever’s Website pages or links, emails, or advertisements. Patio Fever discloses these third-party tracking tools below in this Privacy Notice in its disclosure of PII that it collects from third parties.
• Business Partners and Service Providers. Patio Fever may, from time to time, obtain PII from its business partners or service providers. When Patio Fever obtains PII from its business partners and service providers, it ensures that all such business partners and service providers have obtained consent from you to transfer all such PII to Patio Fever for its intended uses.
• Social Media Networks and Other Platforms. Patio Fever may obtain PII from you when you interact with our social media accounts or content or accounts or content posted on other third-party platforms, such as Facebook. For more information on how your PII may be disclosed by a particular social media network or platform, you are encouraged to review the privacy notices and policies of those platforms.
• Analytics Providers. Patio Fever may also obtain PII from you through its use of third-party analytics providers, such as Klaviyo, Rebuy, or Google Analytics. Patio Fever may create user profiles based on PII obtained through its use of PII from third-party analytics providers to better understand your wants and needs as a customer.

What information do we collect from third parties and how do we use it?

Patio Fever may collect PII about you through cookies, web beacons, analytics trackers, and other technologies. This helps Patio Fever understand how you use the Website, interact with our content and advertisements, and to understand any patterns that may be associated with your use of the Website. This aids Patio Fever in developing or improving its Website, advertising, and marketing communications in response to your needs or wants.

Patio Fever may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Website and are automatically deleted when you close your web browser. Session cookies may be used to direct internet traffic to a server that is closer to you or to allow us to identify you as you move between pages of the Website. Persistent cookies are stored as a file on your computer or mobile device that remains on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. Patio Fever may use persistent cookies to authenticate you when you return to the Website so that you do not have to login again or when it utilizes Google Analytics or other analytics providers, which is intended to track the origin and behavior of traffic to the Website. Patio Fever may use the following analytics providers, and you are directed to review their respective cookie policies and privacy notices:

Affiliatly:  https://www.affiliatly.com/legal-privacy
Aftership (Automizely):  https://www.aftership.com/legal/privacy
Facebook:  https://developers.facebook.com/terms/dfc_platform_terms/#privacypolicy
Google Analytics:  https://policies.google.com/privacy?hl=en-US
Klaviyo:  https://www.klaviyo.com/legal/privacy
LinkedIn:  https://www.linkedin.com/legal/privacy-policy
Microsoft:  https://privacy.microsoft.com/en-us/privacystatement
Pinterest:  https://policy.pinterest.com/en
Rebuy:  https://www.rebuyengine.com/legal/privacy-notice
Smartlook:  https://help.smartlook.com/docs/privacy-policy
VWO:  https://vwo.com/privacy-policy/

You may opt-out of the use of these online tracking technologies by discontinuing your use of the website or by downloading a browser addon, such as the Google Analytics Opt-Out Browser Add-on, to block their collection and use of PII. In addition, when you visit our website, log in, register, or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with the information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses.

You can opt out of targeted advertising by using the links below:
- 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:  http://optout.aboutads.info/.

You may also request that Patio Fever delete any PII collected from you by contacting Patio Fever’s Privacy Officer through the contact information contained within this Privacy Notice.

How do we use your information for marketing communications?

As stated above, Patio Fever’s lawful ground for sending you marketing communications is either consent or its legitimate business interests, such as to grow its business by advertising products to you. Patio Fever may send you marketing communications if you have asked for information concerning its goods or services or if you have agreed to, and have not opted out from, receiving marketing communications. You may ask Patio Fever to stop sending you marketing messages at any time by logging into the Website to adjust your marketing preferences within your user account (when available) or by following the opt-out link in any marketing message sent to you. If you opt out of receiving marketing communications, your opt-out does not extend to PII provided for other purposes.

For more information regarding our policies regarding marketing communications, please review our Terms of Service.

Responding to Do Not Track Signals

You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. Our Website is not currently set up to respond to browser do-not-track signals because there is no consensus within the advertising industry as to what “do not track” means in this context, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.

When do we disclose your information?

Patio Fever may share your PII with the following parties:

• Service providers that provide Patio Fever with information technology, software as a service, cloud storage, advertising, marketing, or other administrative services;
• Service providers, such as distributors, wholesalers, or 3PLs that provide Patio Fever with products for sale to you in order to fulfill your product orders;
• Patio Fever’s accountants, auditors, insurers, or attorneys;
• Law enforcement agencies upon the receipt of a subpoena or court order or where necessary to protect Patio Fever’s personnel or property; and
• Government bodies that require Patio Fever to report its processing activities.

Patio Fever may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets.

Patio Fever requires all third parties that receive a transfer of PII from Patio Fever to maintain the same level of respect for the protection of PII as Patio Fever and Patio Fever only allows third parties to process your personal data for the specific purposes listed in this Privacy Notice.

How do we protect your information?  

We implement a variety of security measures to maintain the safety of your personal information, such as the implementation of industry standard encryption, including when you place an order. However, no security measures are impenetrable and there are always security risks. Patio Fever will notify you and any regulatory body of any breach of your PII or Patio Fever security measures if it is legally required to do so.

Patio Fever has put into place data security measures to protect your PII. Patio Fever allows access to your PII only by employees and service providers who have a need to know or access your PII on Patio Fever’s instructions. Patio Fever will notify you and any regulatory body of any breach of your PII or Patio Fever’s security measures if it is legally required to do so.

For how long do we retain your data?

We will only retain your PII for so long as necessary to fulfill the purposes for which it is collected under this Privacy Notice or for the purposes of satisfying any legal, accounting, or reporting requirements. With respect to identification and contact data, technical data, and marketing data, we may retain this data for so long as it is relevant to the uses disclosed in this Privacy Notice. We may retain user data and communications data for so long as you maintain a user account with Patio Fever, and we may retain this data for longer periods where there is a need to retain this data to comply with Patio Fever’s legal obligations, such as the preservation of electronic evidence or compliance with a preservation order.

Third Party Links

Patio Fever’s Website may include links to third party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. Patio Fever does not control these third-party links and you are advised to review their respective privacy policies.

Childrens’ Online Privacy Protection Act Compliance

Patio Fever complies with the requirements of COPPA (Childrens’ Online Privacy Protection Act). Patio Fever does not knowingly collect any information from anyone under 13 years of age, and its products and services are to individuals 13 years of age or older. If you believe that Patio Fever has collected PII from someone under the age of 13, you are directed to notify Patio Fever immediately at support@patiofever.com.

YOUR PRIVACY CHOICES

Right of Access, Rectification, Correction, Erasure, Transfer, and Withdrawal

Under the law, you may have a right to request access to your PII for rectification, correction, erasure, transfer, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact Patio Fever’s Privacy Officer as disclosed in this Privacy Notice.

You do not need to pay a fee to access your PII or to exercise your rights. However, Patio Fever may charge a reasonable fee if your request is unreasonable or excessive.

To confirm your request, Patio Fever may need to request specific information from you as a security measure to ensure that PII is not disclosed to an unauthorized third party. Patio Fever will attempt to respond to all legitimate requests within thirty (30) days.

Rights of European Citizens

Patio Fever observes the EU-U.S. Data Privacy Framework (“DPF”) Principles, including the DPF’s Supplemental Principles, and uses the Principles as a guide in handling data from EU-citizens. Patio Fever is subject to the enforcement powers of the United States Federal Trade Commission (“FTC”) in relation to its handling of PII.

If you are a European citizen, you are entitled to certain rights regarding the protection of your Personally Identifiable Information and Personal Data, which are subject to limitations set forth in the EU GDPR and its applicable case law. These rights are:

• The right to access and correct the information that Patio Fever processes about you;
• The right to transfer all or a part of the information collected about you to another data controller, where it is technically feasible;
• The right to the erasure of data concerning you, subject to Patio Fever’s rights of retention under the law;
• The right to object to the processing of Personally Identifiable Information and Personal Data where you dispute the accuracy of the data, the processing is not lawful, Patio Fever no longer needs the information for the purposes of processing, or you have raised an objection for personal reasons;
• The right to revoke your consent to data processing;
• The right to object to the processing of your Personally Identifiable Information and Personal Data for marketing purposes;
• The right to object to the processing of Personally Identifiable Information and Personal Data for direct marketing or for personal reasons that arise from your particular situation; and
• The right to file a complaint with a data protection authority.

To exercise these rights, you may either opt out of receiving communications from Patio Fever by unsubscribing to its e-mails or by sending an e-mail to support@patiofever.com. You do not need to pay a fee to exercise these rights, however, Patio Fever reserves the right to charge a reasonable fee if your request is unreasonable or excessive. To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty (30) days.

For further information regarding your privacy rights as a citizen of the EU, please visit the U.S. Department of Commerce’s Services at https://www.commerce.gov/ and the DPF overview webpage at https://www.dataprivacyframework.gov/s/program-overview.

You can find a list of DPF certified organizations here:  https://www.dataprivacyframework.gov/s/

Beyond filing a complaint directly with Patio Fever using the mechanisms described above, you may also file a complaint with a third-party, neutral arbitrator who will provide appropriate recourse free of charge. If you are looking for an alternative dispute settlement provider, please visit https://www.jamsadr.com/eu-us-data-privacy-framework. JAMS is a US-based arbitration service provider. You are not required to use JAMS to arbitrate a dispute with Patio Fever.

As a citizen of the EU you may, under certain conditions, invoke binding arbitration against Patio Fever and Patio Fever may be held liable in cases of onward data transfers to third parties as described more fully in DPF overview page linked above. Patio Fever may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Your California Privacy Rights

The following rules apply solely to visitors, users, and others who are residents of the State of California. California residents have the right to be notified which categories of PII are being collected and the purposes for which the PII is being used. In particular, we collected the following categories of PII (A, B, D, F, and G) as defined in the California Consumer Privacy Act within the last twelve months. Our uses of this PII are detailed above in this Privacy Notice:

We obtain these categories of PII directly from California residents when they complete forms through our Website or provide it to us as a part of a transaction or inquiry concerning our products. We also obtain these categories of PII indirectly from California residents while observing their actions on our Website and from third parties or service providers that they have authorized to receive and share PII.

California residents have a right to request that we disclose what PII we collect from you and whether, and how, we disclose or sell that PII. California residents may also request that we delete any personal information collected or maintained by us from you.

California residents may also have the right to opt out of the sale of their personal information by contacting us or, where available, by clicking a link or icon associated with an advertisement. Specifically, this link or icon may state “Do Not Sell My Personal Information” or “Do Not Sell My Info.” By selecting this link or icon, you “Opt Out,” which means that you have opted out of the sale of your personal information as set forth in the California Consumer Privacy Act. However, even though you may have opted out, you may still see interest-based advertisements. To learn more about interest-based advertising across websites and additional opt-out choices, you can visit http://optout.aboutads.info. If you opt-out of the sale of your personal information but do not opt out of interest-based advertising more generally, you may still receive ads tailored to your interests based on PII that was not sold by us, personal information that was sold to downstream participants at least 90 days before you opted out, or personal information that was sold by other sources from which you have not opted out.

To submit a request for a list of the categories of personal information collected from you or to request that Patio Fever delete your personal information, please email us at support@patiofever.com or send a letter to us at the following address:

Patio Fever
ATTN: Privacy Compliance Officer
382 NE 191st St, STE 45073
Miami, FL 33179-3899
United States

To verify your request, we may request certain information from you to confirm that you are a Patio Fever user, such as your phone number, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to Patio Fever to disclose or delete your personal information. To do so, you must provide Patio Fever with proof that the individual or business has been appointed as your agent, such by providing a signed power of attorney form, and provide accurate responses to any information requested by Patio Fever that may be necessary to confirm that you are a Patio Fever user, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by Patio Fever for their exercise of these rights conferred under California law.

Colorado Residents

Patio Fever does not conduct business in Colorado, control or process the personal data of 100,000 or more consumers during a calendar year, or derive revenue or receive a discount on the price of goods or services from the sale of personal data.

Connecticut Residents

During the preceding calendar year, we did not control or process the personal data of at least 100,000 consumers or derive more than 25% of our gross revenue from the sale of personal data.

Nevada Residents

If you are a resident of Nevada, you may provide notice to us to limit the sale of your PII to third parties for resale or licensing purposes. However, we do not sell your PII for such use. To notify us that you wish to limit the sale of your PII to third parties for resale or licensing purposes, you may send us an email to support@patiofever.com with the subject line, “Nevada Do Not Sell Request,” along with your name, address, and user account information.

Virginia Residents

Patio Fever does not control or process the personal data of at least 100,000 Virginia residents or control or process the personal data of at least 25,000 Virginia residents and derive more than 50% of its gross revenue from the sale of personal data. For these reasons, the Virginia Consumer Data Protection Act (VCDPA) does not apply to Patio Fever’s collection and use of PII.

Changes to our Privacy Notice

Whenever Patio Fever changes its Privacy Notice, we will post those changes to this Privacy Notice on the Website and other places that we deem appropriate. Your use of the Patio Fever Website following these changes indicates your consent to the practices described in the revised Privacy Notice.

Contacting Us

If you have any questions about this Privacy Notice or the manner by which we collect or use Personal Information about you, email us at support@patiofever.com.