Privacy Policy

BEVO PARK HOLDINGS, LLC DBA LUSH BANNERS (we”, “us”, “our”, “LB”)

understands the importance of your personal privacy. Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us. The Privacy Policy below discloses our practices regarding information collection and usage website located at LB, the related mobile website and applications, and the service provided thereon (the “Platform”). Undefined capitalized terms in this privacy policy shall inherit their definition from our Terms of Use, available here: [TERMS OF USE].

By using or accessing our services, websites, and the Platform, you signify your agreement to be bound by this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR PLATFORM OR PARTICIPATE IN OUR PLATFORM.

CHANGES TO THIS POLICY:

We may amend this Privacy Policy at any time by posting a revised version on our Platform and via the Platform. The revised version will be effective at the time we post it. Visits to our Platform, use of our Platform, or use of our Platform subsequent to Privacy Policy changes is deemed to be your acceptance of the new changes. We ask that you please refer back to this Privacy Policy on a regular basis.

Overview:

The Platform are provided through our website, as well as various LB mobile applications, and cloud applications. These various applications among other things facilitate various custom and non-custom printed goods, including banners, displays, canopies, stands, and other “large-format promotional displays” products or Platform. This Privacy Policy describes how we use your data to provide and enhance the Platform. Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

• The information we collect and why we collect it;
• How we use that information;
• How we share information; and
• The choices we offer.

Personally Identifiable Information That We Collect:

We may ask you for, or you may voluntarily submit, personally identifiable information when you are using the Platform. The personally identifiable information which you may provide to us could include (including by registering on our Platform (e.g., by and through https://lushbanners.com/register.asp?cg=0), phone conversations, and in person visitations), but is not limited to:

• Your name;
• Your contact information (including, without limitation, name, company name, title, mailing address, telephone, electronic mail address, facsimile address, etc.);
• Your IP address;
• Titles;
• Company names, logos, etc.;
• Printing and fabrication requirements and specifications;
• Shipping addresses;
• Other personal information;
• Communications to and from you;
• Login credentials and other authorization data for various design products (such as those provided by Adobe, Inc.) third party products and Platform; and
• Various data and information pertaining to the operations and attributes of your business, as well as data and information pertaining to the transactions, communications, and other data driven items concerning your business, its customers, and other businesses and vendors (collectively, “Business Identifiable Information”).

Non-Personal or Aggregate Information That We Collect:

When you access our Platform, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Platform and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Platform, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information. Additionally, we may combine aggregate information from the pixel tags, event tracking (e.g., clicks, scrolling behavior, “contact us” behavior, “chat” behavior, etc.), web beacons, and cookies with similar data we collect from other visitors to help us improve our Platform. When doing so, we use commercially reasonable efforts to ensure that the any aggregated information cannot be linked back to you.

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at support@lushbanners.com.

We may share or disclose aggregated personal data or non-personal information with service providers or with other persons we conduct business with, including but not limited potential third-parties for the purpose of showcasing the performance of the Platform. These service providers and other persons may also share with us aggregated non-personal information that they have independently developed or acquired.

Information Usage:

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

• We may share your personally identifiable information collected in connection with providing the Platform;
• We may use your personally identifiable information to respond to your inquires or requests;
• We may use your personally identifiable information to send you emails from time; to time about our Platform, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent; and
• We may share your personally identifiable information with third parties (collectively, the “Third Party Vendors”) to further the purpose for which you provided such information to us. We urge you to read the privacy practices of all of our Third Party Vendors (Google) before submitting any personally identifiable information through the Platform.

Such third parties include but are not limited to the following (such list is subject to our revision, at our discretion, from time to time):

• Route (real-time delivery and shipping and tracking notifications and real-time status updates and its privacy policies are available at: https://route.com/privacy);
• TaxJar (a cloud platform that automates sales tax compliance and its privacy policies are available at: https://route.com/privacy);
• FedEx (national and international courier and shipping service and its privacy policies are available at: https://www.fedex.com/en-us/trust-center/global-privacy-policy.html);
• Klavyio (Marketing Automation for Email, SMS & Customer Data Platform Marketing and its privacy policies are available at: https://www.klaviyo.com/legal/privacy/privacy-notice);
• Microsoft Clarity (an analytics tool that helps you understand user behavior on your website through heatmaps, session recordings, and insights into user interaction and its privacy policies are available at: https://privacy.microsoft.com/en-us/privacystatement);
• CallRail (a call tracking and analytics platform that helps businesses track, manage, and analyze phone calls and form submissions from marketing campaigns and its privacy policies are available at: https://www.callrail.com/privacy); and
• Screaming Frog (a website crawler tool used for SEO analysis, allowing you to audit technical SEO elements like broken links, page titles, and metadata and its privacy policies are available at: https://www.screamingfrog.co.uk/privacy/).

In addition, for purposes of processing credit card transactions and payments we have software integrations with Braintree (a subsidiary of PayPal, Inc. and all money transmission is provided by PayPal, Inc.), Authorize.Net, and Stripe and its privacy policies are available at: https://usa.visa.com/legal/privacy-policy.html (Authorize is owned and operated by VISA); https://stripe.com/privacy; and https://www.paypal.com/us/legalhub/privacy-full.

• We may disclose personally identifiable information as required by law or legal process; and
• We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our Platform or our sponsors.

Non-personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many Platform use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Platform to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Platform. We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Platform, such as an analytics provider that helps us manage and analyze Platform usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Platform. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Platform, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Analytics and Conversion Tracking:

We may use analytics Platform that use cookies, javascript and similar technologies to help us analyze how users use the Platform. The information generated by these Platform about your use of the Platform (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Platform, compiling reports for us on website activity and providing other Platform relating to website activity and Internet usage.

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For example, we use cookies on our Platform and the Platform for Google Analytics and Facebook Remarketing (the “Analytics Platform”). The Analytics Platform is a web-based analytics tool that helps website owners understand how visitors engage with their website. The Analytics Platform customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many Platform, the Analytics Platform uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our Platform. We then use the information to compile reports and to help us improve our Platform.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

The Analytics Platform collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Services without affecting how you visit our Platform. For more information on opting out of being tracked by Google Analytics and Facebook Ads, visit: https://tools.google.com/dlpage/gaoptout; and https://www.facebook.com/privacy/policy/.

We may also use Google conversion tracking and/or similar Platform to help us understand your and other users’ use of the Platform.

Automatically Collected Information:

When you access the Platform or open one of our HTML emails, we may automatically record certain information from your system by using cookies and other types of tracking technologies. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Platform, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Platform, and other similar information. Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.

Security:

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Platform demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Your Disclosures in Blogs And Other Social Media:

You should be aware that personally identifiable information which you voluntarily include and transmit online on the Platform or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using the Platform or any other online Platform you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

If you login to the our Platform and/or Platform through your Facebook account, connect to a third party service such as Facebook or Twitter through an icon or link on the Platform or otherwise link your LB account with a third party service, we may share the contents of your post and associated information (such as your username, the fact that your connection originated from the Platform, and other relevant usage and diagnostic information) with such third party. With your one-time consent, we may also send information about the content you watch and your activities on the Platform to such third parties. Once such information is shared, the use of your information will be subject to that service’s privacy policy and this Privacy Policy will not apply.

Children's Personal Information:

We are committed to protecting the privacy of children. The Platform is not intended for children and we do not intentionally collect information about children under 16 years old. The Platform does not collect personal information from any person the Company actually knows is under the age of 16. If you are aware of anyone under 16 using the Platform, please contact us at support@lushbanners.com and we will take required steps to delete such information and (or) delete her account.

Other Platform, Third Party Websites and Links, and Social Media:

As a convenience to you, we may provide links to third-party Platform from within our Platform. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Platform, you do so at your own risk. Moreover, certain features of our Platform or our Platform may permit you to initiate interactions between our websites or our Platform and third-party Platform or platforms, such as social networks, including Youtube, LinkedIn, Facebook, Instagram, etc. ("Third Party Platforms"). Our Platform or our Platform may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your information. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on our Platform or our Platform. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.

Marketing and Sharing of Data:

We do not sell your personal data to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize the Platform, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad programs, you can send an email to support@lushbanners.com.

Opt-Out Process:

All unsubscribe or opt-out requests may be made by clicking the “unsubscribe” link at the bottom of the relevant email or by replying to such an email with an email body containing only “unsubscribe”. You may also opt-out by sending an email with a statement of what data collection practices you wish to opt out of by sending an email to our designated address: support@lushbanners.com. You also have certain opt out rights if you are a resident of the states further described below and/or potentially if our state has a law pertaining to consumer data privacy rights.

We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent. You should contact such third parties directly.

Consent to Receive Electronic Notifications:

Electronic communication is the most effective and timely way to provide the users of our Platform with any optional or required notifications and disclosures. In some circumstances, however, applicable laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Privacy Policy, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time.

Communications with LB:

By providing your contact information to us (including, without limitation, your email address, physical address, and phone number) (collectively the “Channels”) to us, you expressly consent to receive communications from us. We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or Platform developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or Platform directly to you without your consent or as set forth in this Privacy Policy.

By using the Platform, you expressly consent to receive in-product communications from us (including, without limitation, push notifications on the Platform).

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or Platform directly to you without your consent or as set forth in this Privacy Policy.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from LB.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and Platform using such information.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Platform.

US Based Servers:

Our servers are maintained in the United States. By using the Platform, you freely and specifically give us your consent to export your personally identifiable information to the United States and to store and use it in the United States as specified in this Privacy Policy. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.

International Users and Visitors:

Due to requirements of the General Data Protection Regulation or other applicable international privacy laws or regulations, please be aware that we are hosted in the United States. If you are a user accessing the Platform from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Platform, which is governed by US law, you are transferring your Personal Information to the United States and you consent to that transfer. EU and Swiss residents: Please bear in mind that we may transfer your Personal Information to the United States where data protection is not deemed adequate under applicable data protection law.

Business Transfers:

We may choose to buy or sell assets. In these types of transactions, company data is a business asset that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, company data which may include your personal information could be one of the assets transferred to or acquired by a third party. We may transfer your personally identifiable information in connection with the sale or merger or change of control of LB or the division responsible for the Platform with which your personally identifiable information is associated. By accepting this Privacy Policy, as outlined above, you consent to any such transfer

Data Retention:

If you delete your information from any of the Platform including but not limited to any mobile applications or request that your information be deleted, we still may retain some information that you have provided to us to maintain the Platform or to comply with relevant laws.

NOTICE TO CALIFORNIA RESIDENTS:

Except as expressly set forth in this Privacy Policy, we do not disclose personal information to any third-party for such third-party’s direct marketing purposes. Effective on January 1, 2020, all California residents have the following rights with regard to their personal data pursuant to the California Consumer Privacy Act (the “CCPA”):

NOTICE TO CANADIAN RESIDENTS:

NOTICE TO UTAH RESIDENTS:

If you are resident of Utah, you may have rights similar to those under the CCPA by and through the Utah Consumer Privacy Act (the “UCPA”). In addition you may have the right to be informed about and/or opt out of the sale and transfer of your personal information. We do not sell any personal information for monetary compensation to any third party. If you reside in Utah, you have the right to submit a request under the UCPA to our designated request address support@lushbanners.com regarding the foregoing.

NOTICE TO NEVADA RESIDENTS:

If you are resident of Nevada, you may have rights similar to those under the CCPA by and through Nevada officially approved Senate Bill 220 (SB-220) and Nevada’s existing online privacy law from 2017 (NRS 603A.300-603A.360) (collectively, the “NPA”). In addition you may have the right to be informed about and/or opt out of the sale and transfer of your personal information. We do not sell any personal information for monetary compensation to any third party. If you reside in Nevada, you have the right to submit a request under the NPA to our designated request address support@lushbanners.com regarding the foregoing.

NOTICE TO VIRGINIA RESIDENTS:

If you are resident of Virginia, you may have rights similar to those under the CCPA by and through the Virginia Consumer Data Protection Act (the “VCDPA”). In addition you may have the right to be informed about and/or opt out of the sale and transfer of your personal information. We do not sell any personal information for monetary compensation to any third party. If you reside in Virginia, you have the right to submit a request under the VCDPA to our designated request address support@lushbanners.com regarding the foregoing.

NOTICE TO COLORADO RESIDENTS:

If you are resident of Colorado, you may have rights similar to those under the CCPA by and through the Colorado Privacy Act (the “CPA”). In addition you may have the right to be informed about and/or opt out of the sale and transfer of your personal information. We do not sell any personal information for monetary compensation to any third party. If you reside in Colorado, you have the right to submit a request under the CPA to our designated request address support@lushbanners.com regarding the foregoing.

Governing Law:

This Privacy Policy and our legal obligations hereunder are subject to the laws of the State of Texas regardless of your location. You hereby consent to the terms and conditions contained in the Terms of Use including but not limited to those set forth under the heading entitled “ARBITRATION and Other Terms Governing Disputes”, in all disputes arising out of or relating to the Platform.

Contact:

For questions or concerns relating to privacy, we can be contacted at support@lushbanners.com. [INSERT PHONE NUMBER].

Effective Date:

This Privacy Policy was last updated on [November 1, 2024].