Privacy Policy

Privacy Policy  
(Effective April 1, 2021; Last Modified April 1, 2021)

This Privacy Policy applies to all individuals who access our www.modern-flame.com website (the “Site”) as well as our newsletters, social media sites or programs and other communication services provided on or through the Internet (the “Services”). By using our Site, you consent to our collection and use of your information as described in this Privacy Policy.

We may update this Privacy Policy from time to time. The effective date of the current Privacy Policy is noted at the top of this page. If we make any material changes to the way we collect, use, share or process the information that you have provided, we will notify you by posting a notice of the changes in a clear and conspicuous manner on our website. To the extent required by applicable data protection laws, we will obtain your consent to any material Privacy Policy changes.

If you have any concerns or questions about your privacy or use of our website, please contact us at  privacy@modern-flame.com.  

     1.  Information We May Collect 

When you use our Site, we collect personal information about your use of our Site and information that you send us. Throughout this policy, we use the term "personal information" to describe information that identifies you or makes you identifiable. Information that has been anonymized so that it does not identify a specific individual is not “personal information.”

We may collect information that you voluntarily provide to us, including but not limited to, when you communicate via email or other channels with us, when you purchase products or services through our Site, when you respond to our communications or requests for information.  The information you provide may include your name, contact information, payment and billing information. We only collect the personal information we need to allow us to respond to your request and/or provide the particular service you have sought. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services. 

Unless specifically requested and you use the method that we identify for such purpose, we request that you not send us any confidential or sensitive information. 

     2.  How and Why We Use Your Information

We use your personal information to respond to your request and/or provide the particular service you have sought. We may also use your personal information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Site and Services; investigate, prevent, or mitigate violations of our terms, agreements or policies; and enforce our agreements with third parties and partners. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.

We are committed to ensuring your safety and continued enjoyment of our Services. To do so, we use your personal information to combat spam, malware, malicious activities or security risks and to improve and enforce our security measures. We cannot ensure the security of our Services if we do not process your personal information for security purposes.

     3.  Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or any other service, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will ask you directly for your expressed consent.

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, by contacting us at  privacy@modern-flame.com.  

     4.  Information Sharing

We do not sell, exchange, transfer, or give your information to any other company or individual for any reason except as set forth below:

Our Service Providers. With your consent only, we share information with our service providers, suppliers, subcontractors, and similar third parties who provide services to us, or act on our behalf so that they can assist us with the maintenance of our Services. Our contracts with these service providers prohibit them from using or sharing with others, for other purposes than as directed by us, the information that we provide to them, or that they collect directly from our users. Specifically, we share your order and shipment information as well as contact information with the following third party service providers: 

  • Elementi, 692 Parkridge Ave, Norco, CA 92860
  • Stone Age Manufacturing, 1107 E 126th St. N, Collinsville, OK 74021
  • Anywhere Fireplace (Devco LLC), 76 Vinee Rd, Larchmont, NY 10538 
  • Ohion Flame, 400 W Railroad St. Columbia, OH 4408
  • Zapier
  • Klayviyo
  • Trello
  • Tidio

Reorganization. We may transfer information to a third party in case of the reorganization, sale, merger, joint venture, assignment, transfer or other disposition of all or any portion of our business, asset or stocks, including in the event of corporate restructuring. We reserve the right, as part of this transaction, to transfer or assign information we have collected from users of the Services to these third parties. Except as otherwise provided by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to policies that are consistent with the policies described in this Privacy Policy. However, any information that a user submits or that is collected after that transfer may be subject to a new privacy policy adopted by the successor entity.

Law Enforcement Requests. We may use, share, or disclose information about users in order to address legal concerns or liabilities, especially when we believe, in our sole discretion, that (a) a user has misused the Services such as to gain unauthorized access to any system, engaged in spamming, denial of service attacks, or similar attack; (b) disclosure is reasonably necessary to enforce our Terms and Conditions of Service to respond to suspected illegal or fraudulent activity; (c) to protect legal rights or defend against legal claims; or (d) to allow us to pursue available remedies or limit the damages that we may sustain.

Your Consent. We will disclose your information to a person or entity for which disclosure you have given us your consent.

     5.  Links to Third Party Services

Our Services may include links to third party services where you might be able to post comments, reviews, or view third party information. The use of these third party services may result in the collection and sharing of information about you by these third party services.

This Privacy Policy does not address the information practices of any third party. The inclusion of a third party link on our Site does not imply endorsement of the third party’s data handling practices, and does not imply that the third party’s practices are covered by this Privacy Policy. We are not responsible for the privacy practices of these entities.

     6.  Payment Data

Our online store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service at  https://www.shopify.com/legal/terms or Privacy Policy at https://www.shopify.com/legal/privacy.

     7.  Cookies

Here is a list of cookies that we use. We have listed them here so you that you can choose if you want to opt-out of cookies or not:

  • fbp: This cookie is set by Facebook to deliver advertisement when you are on Facebook or a digital platform powered by Facebook advertising after visiting the Site.

  • fr: This cookie is set by Facebook to show relevant advertisements to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin.

  • _landing_page: This cookie is set by website built on Shopify platform and is used to track landing pages.

  • _y: This cookie is associated with Shopify's analytics suite.

  • _s: This cookie is associated with Shopify's analytics suite.

  • _shopify_y: This cookie is associated with Shopify's analytics suite.

  • _shopify_s: This cookie is associated with Shopify's analytics suite.

  • _shopify_fs: This cookie is associated with Shopify's analytics suite.

  • _shopify_sa_t: This cookie is set by Shopify and is used for analytics relating marketing and referrals.

  • _shopify_sa_p: This cookie is set by Shopify and is used for analytics relating marketing and referrals.

  • _ga: This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of Site usage for the Site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.

  • _gid: This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.

  • secure_customer_sig: This cookie is set by websites built on Shopify platform and is used in connection with customer login.

  • cart_currency: This is an essential cookie for the secure checkout and payment function on the Site. This cookie is provided by shopify.com.

  • _orig_referrer: This cookie is set by website built on Shopify platform and is used in association with shopping cart.

  • shopify_pay_redirect: This cookie is used by the Site using Shopify platform and is used in enabling secure payment and checkout from the e-commerce store.

  • __cfduid: The cookie is used by CDN services like CloudFare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. It does not correspond to any user ID in the web application and does not store any personally identifiable information.

  • _pay_session: The domain of this cookie is owned by Shopify. This cookie is used for enabling secure checkout and payment function on the Site.

  • _pin_unauth: A first party cookie placed by the Pinterest Tag when we are unable to match the user. It contains a unique UUID to group actions across pages.

  • _pinterest_ct_ua: This cookie is the same as _pin_unauth, but as a third party cookie.

  • _gat: This cookie is installed by Google Universal Analytics to throttle the request rate to limit the collection of data on high traffic sites.

     8. How We Keep Your Information Secure

We use reasonable measures to protect user information against unauthorized or unlawful access or processing, and against accidental loss, destruction, or damage. Even though we make reasonable efforts to protect information in our custody, no data storage or transmission over the Internet and no security system is fully secure. Thus, we cannot guarantee the security of any information we may have collected or received from you or transmitted to you.

     9.  Retention

We retain information about users for as long as necessary to perform the activities described in this Privacy Policy, or where we have an ongoing legitimate business need to do so, such as for legal, regulatory, accounting or reporting requirements.

When our legitimate interest for retaining your personal information ceases to exist, we will delete your information. To the extent residual information remains within our databases, back-ups or other records and we are unable to anonymize it we will isolate such information from further processing until deletion is possible. 

    10.  Children's Information

We do not knowingly collect any personal information from children under 16. If we become aware that an individual under 16 is submitting information, we will delete the information as soon as possible from our database.

    11.  Rights to Access Personal Information

You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please reach out to us at privacy@modern-flame.com. 

Please note that we are processing your information in order to fulfill your orders or otherwise to pursue our legitimate business interests.

     12.  California Privacy Rights 

California Civil Code section 1798.83 allows individuals who are California residents that have provided their personal information to us to request certain information about our disclosures of certain categories of personal information (if any) to third parties for their direct marketing purposes during the immediately preceding year. To make a request about our disclosures of certain categories of personal information (if any) to third parties for their direct marketing purposes, please contact us at privacy@modern-flame.com.