Privacy policy

PRIVACY POLICY

 Last Updated: 2/14/2024.

This Privacy Policy (“Policy”) applies to the use of Simply By Shayla, a West Virginia company (“Owner”) website located at www.simplybyshayla.com (“Website”) by any user or visitor
(“You” or “Your”) of the Website (Owner and You collectively “Parties” and each a “Party”).
This Policy describes how Owner collects, uses, and discloses information in the United
States. The United States may not offer a level of privacy protection as great as that offered in
other countries. In jurisdictions outside of the United States where Owner is subject to different
or more restrictive local laws, Owner may adjust its practices in those jurisdictions to comply
with local laws. Otherwise, Owner makes no representation that the practices described in this
Policy are compliant with laws outside of the United States that apply to the collection, security,
use, and disclosure of information. Information that is collected or stored in jurisdictions outside
of the United States may, subject to applicable law, be disclosed or transferred to the United
States or other locations. When information is transferred to the United States, it will be handled
in accordance with the laws of the United States.

By using the Website, You agree to the privacy practices described in this Policy. This Policy
applies solely to information collected by the Website.

I. INFORMATION COLLECTED. The Website collects two kinds of information (collectively,
“Information”) about You: (a) personally identifiable information; and (b) non-personally
identifiable information. Owner is the sole owner of the Information collected on the Website.
Owner only has access to collect Information that You voluntarily provide Owner.

A. Personally Identifiable Information. Personally identifiable information is
information that identifies You or another person. When You engage in certain activities on the
Website, Owner may ask You to provide certain personal information about Yourself, including:
(i) Your name, address, phone number, email address, and other basic contact information; (ii)
Your preferences, content, access device information, and payment information, including credit
card numbers and bank account numbers; (iii) reviews, photographs, videos, and other content;
and (iv) communications and other messages, including correspondence between Owner and
You. You may decline to provide personally identifiable information through the Website.
However, depending on the activity, some of the information Owner asks You to provide is
mandatory. If You decline to provide the mandatory information for a particular activity that
requires it, Owner may not be able to provide that service to You.

B. Non-Personally Identifiable Information. Non-personally identifiable
information is information that does not identify You or another person. Non-personally
identifiable information includes: (i) session and usage data; (ii) log data; and (iii) aggregate
information.

i. Session and Usage Data. Session and usage data is information about Your use
of the Website, without limitation, connection and service-related data submitted to Owner
through the use of the Website. Session and usage data includes information relating to the
connection request, server communication, and data sharing, including: network measurements;
quality of service; time and date of the use of the Website; and upon Your consent, Your
location. Owner may also aggregate session and usage data as described in the aggregate
information section below. Session and usage data does not include any personally identifiable
information nor does it include content You may transmit or share through the use of the Website
(such as name, address, and calendar appointments).

ii. Log Data. When You interact with Owner or use the Website, Owner’s
systems may automatically collect Your unique user device number, the IP address, type of
browser or operating system You use, and the dates and times of Your use.

iii. Aggregate Information. Aggregate information is data Owner collects about a
group or category of services or users from which individual user identities have been removed.
In other words, information on how You use the Website, may be collected and combined with
information about how others use the Website, but no personally identifiable information will be
included in the resulting aggregate information. Aggregate information helps Owner understand
trends in Owner’s users’ needs so that Owner can better consider new features or otherwise tailor the Website.

II. HOW WE USE YOUR INFORMATION. Owner will NOT sell Your Information. Owner may
use Your Information as follows:

A. Personally Identifiable Information. Owner may use Your personally
identifiable information to: (i) provide products and services; (ii) resolve disputes, calculate and
collect fees, and troubleshoot problems; (iii) verify Your identity and the information You
provide; (iv) encourage a safe online experience and enforce Owner’s policies; (v) customize
Your experience, analyze usage of the Website, improve and measure interest in Owner’s
products and services, and inform You about the Website, services, products, and updates; (vi)
provide You with information that may affect Your use of the Website, the products and
services; (vii) advertise Owner’s services to You or suggest additional features; (viii) provide
customer service, including receipts; and (ix) perform certain other business activities. During
the course of Owner’s business, Owner may use Your personally identifiable information to
deliver information to You that is targeted to Your interests. Upon receipt of the first
communication of this type, You will have the opportunity to opt-out of future communications
by clicking on unsubscribe link or by following unsubscribe instructions described within the
communication or otherwise notifying Owner at simplybyshayla@yahoo.com. Owner may, however, send You messages through email, text message or other means of communications as part of Owner’s services regarding administrative matters, updates, disputes, and customer service issues regarding the products or services, and You will not be able to opt-out of receiving such messages. You can do the following at any time by contacting Owner via email: (a) verify what personally identifiable information Owner has about You, if any; (b) change, correct or delete any personally identifiable information Owner has about You; and (c) express any concern You have about Owner’s use of Your personally identifiable information. From time to time, Owner
may implement solutions designed to more efficiently capture Your communications
preferences. In any such event, Owner will strive to reflect any previously stated communicated
preferences within such solutions. Owner may also use Your personally identifiable information
as Owner believes necessary or appropriate, in any manner permitted under applicable law,
including laws outside your country of residence to: comply with legal process; respond to
requests from public and government authorities, including public and government authorities
outside Your country of residence; enforce our terms and conditions; protect Owner’s operations; protect Owner’s rights, privacy, safety or property, and/or that of Owner’s affiliates, You or others; and allow Owner to pursue available remedies or limit the damages that Owner may sustain.

B. Non-Personally Identifiable Information. Owner may use Your non-personally
identifiable information for any purpose, including, but not limited to, for Owner’s own internal
purpose to measure traffic patterns; to understand demographics, customer interest, and other
trends among Owner’s users; to provide, improve, and modify the Website; and for promotion
and marketing purposes.

III. HOW OWNER MAY DISCLOSE YOUR INFORMATION.

A. Personally Identifiable Information. Owner may disclose, and You hereby
consent to Owner’s disclosing of Your personally identifiable information to: (i) service
providers and others who help with Owner’s business operations and assist in the delivery of
Owner’s products and services including, but not limited to, application development, Website
hosting, maintenance, data analysis, infrastructure provision, IT services, customer service, email
delivery services, payment processing, marketing, analytics, and enforcement of Owner’s Terms
of Service Agreement and other agreements; (ii) third parties in the event of a reorganization,
merger, sale, debt financing of assets, joint venture, assignment, transfer or other disposition of
all or any portion of Owner’s business or assets (including in connection with any insolvency,
bankruptcy, receivership or similar proceeding); (iii) an Owner subsidiary, affiliate or business
partner; (iv) other users of the Website to identify You to anyone to whom You send messages or
make comments through the Website; (v) persons or entities with whom You consent to have
Your personally identifiable information shared; (vi) third parties in order to prevent damage to
Owner’s property (tangible and intangible), for safety reasons or to collect amounts owed to
Owner; (vii) merchants and payment processors; and (viii) third parties as Owner believes
necessary or appropriate, in any manner permitted under applicable law, including laws outside
Your country of residence to: comply with legal process; respond to requests from public and
government authorities, including public and government authorities outside Your country of
residence; enforce Owner’s Terms of Service Agreement and other agreements; protect Owner’s
operations; protect Owner’s rights, privacy, safety or property, and/or that of Owner’s affiliates,
You or others; and allow Owner to pursue available remedies or limit the damages that Owner
may sustain. Owner will not sell, rent or lease Your personally identifiable information to a third
party without Your express permission, unless required by law.

B. Non-Personally Identifiable Information. Owner may disclose non-personally
identifiable information for any purpose. Remember, non-personally identifiable information
cannot be used to identify You or another person.

IV. PUBLIC AREAS AND THIRD-PARTY POSTINGS. Owner may provide areas on the Website
where users can publicly post information about themselves, including, but not limited to, names,
photos, designs, comments, messages, and other content. This information may be accessible by other Website users, third-party users, members of the public, and may appear on other websites and in web searches. As a result, this information could be read, collected, and used by others. Owner does not control or endorse the information posted by third-party users, are not liable for Your or third-party posts to the Website, and specifically disclaim any liability resulting from such posts.

V. THIRD PARTIES AND THIRD-PARTY SITES. Upon Your consent, the Website may access
third-party information through application interfaces. Owner may provide links to third-party
Websites as a service to You. When You click on links of third parties in the Website, You may
leave the Website. THIS POLICY DOES NOT COVER ANY COLLECTION, USE OR DISCLOSURE BY THIRD PARTIES THROUGH ANY APPLICATIONS, WEBSITES, PRODUCTS OR SERVICES THAT OWNER DOES NOT CONTROL OR OWN, OR ANY THIRD-PARTY FEATURES OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE OWNER FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. The inclusion of a link or accessibility of third-party websites does not imply endorsement of such third-party Website by Owner. All trademarks, trade names, and logos of third parties featured on the Website belong to their respective owners. Each merchant and third-party payment processor collects and shares Your information according to its own privacy policy and terms of service. Owner is not responsible for the actions of third-party processors or merchants, including how such entities treat Your information. You are responsible for knowing and understanding their policies and terms.

VI. DATA RETENTION. Owner will retain Your personally identifiable information for the
period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is
required or allowed by law. Your personally identifiable information may or may not be
encrypted while stored or archived by Owner.

VII. USERS UNDER 13 YEARS OF AGE. Owner’s Website is not directed to persons under
the age of 13. If You become aware that Your child has provided Owner with personal
information without Your consent, please contact Owner at simplybyshayla@yahoo.com. Owner does not knowingly collect personal information from children under the age of 13. If Owner becomes aware that a child under the age of 13 has provided Owner with personal information, Owner will take steps to remove such information. By using the Website, You are representing to
Owner that You are not under the age of 13. If You are under 13 years of age, You are not
authorized to use the Website.

VIII. PRIVACY RIGHTS NOTICE TO CALIFORNIA RESIDENTS. The State of California
enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who
are California residents to request certain information regarding the disclosure of certain
“personal information” during the past year for marketing purposes. To make such a request,
please email Owner at simplybyshayla@yahoo.com.

IX. DO NOT TRACK LAW.

A. Do Not Track Law. California’s Do Not Track Law (Cal. Bus. & Prof. Code §§
22575-22579) requires Owner to disclose to You how Owner responds to web browser “do not
track” signals or other mechanisms that provide You the ability to exercise choice regarding the
collection of personally identifiable information about Your online activities over time and
across third-party websites or online services. In addition, the law requires Owner to disclose
whether other parties collect personally identifiable information about Your online activities over
time and across different websites when You use the Website.

B. Cookies & Tracking. Owner uses cookies to: (i) store information so that You
will not have to re-enter that information during Your visit or the next time You visit the
Website; (ii) monitor the effectiveness of marketing campaigns; and (iii) monitor aggregate
metrics such as total number of visitors, page views, etc. In addition, by visiting the Website,
Owner uses cookies and similar tracking technologies, such as pixels, to analyze trends,
administer the Website, track users’ movements on the Website, and serve targeted
advertisements. Owner partners with third parties to manage and serve its advertising on other
sites. Owner’s third-party partners may use cookies or similar tracking technologies in order to
provide You advertising or other content based upon Your browsing activities and interests. You
have the ability to accept or decline cookies. Most Web browsers automatically accept cookies,
but You can usually modify Your browser setting to decline cookies in the browser settings. If
You choose to decline cookies, You may not be able to sign in or use other Website features or
services that depend on cookies. If You choose to accept cookies, Your browser may allow You
to delete cookies that You have accepted at a later date. To opt out of receiving targeted
advertising, please visit www.aboutads.info or www.networkadvertising.org/choices, or for those
in Europe, www.youronlinechoices.eu for instructions on how to opt out of targeted advertising.

X. SECURITY. Owner employs commercially reasonable security measures to protect Your
information; however, no system is impenetrable. If You create an account on the Website, You
are responsible for protecting the security of Your account, its content, and all activities that
occur under the account or in connection with the Website. Do not share Your private account
information with others. You must immediately notify Owner of any unauthorized uses of Your
account or any other breaches of security.

XI. DISCLAIMER. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18
U.S.C. 2701-2711): OWNER MAKES NO GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE
WEBSITE OR ANY OTHER WEBSITE LINKED TO THE WEBSITE. OWNER WILL NOT
BE LIABLE FOR THE PRIVACY OF INFORMATION, E-MAIL ADDRESSES,
REGISTRATION, AND INDENTIFICATION INFORMATION, DISK SPACE,
COMMUNICATIONS, CONFIDENTIAL INFORMATION OR TRADE SECRET
INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS
ACCESSED BY THE WEBSITE, OR OTHERWISE CONNECTED WITH YOUR USE OF
THE WEBSITE.

XII. UPDATES TO PRIVACY POLICY. Owner will notify You of any updates to this Policy
by changing the “last updated” notice set forth at the top of this Policy.

XIII. CONTACT OWNER. If You have questions or comments about this Policy or
Owner’s privacy practices, or to report any violations or abuse of the Website, please contact us at simplybyshayla@yahoo.com.