Privacy & Data

Privacy Policy

Shelly L. O'Neil, Inc.

The short version

Thank you for visiting Shelly L. O'Neil, Inc. (the “Website”). Your privacy is important to us. This Privacy Policy describes the types of information we collect on the Website and through your use of the products, features, materials, and services we offer (collectively, the “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect on the Website, through your use of the Services generally, and through communications between you and us — including email, text, and other electronic messages. It does not apply to information collected by third parties, including any websites, services, or applications you choose to access through the Services.

Please review this Policy carefully. By accessing or using the Services, you agree to its terms. If you do not agree, please refrain from further use of the Services. We may update this Policy from time to time; material changes will be posted here with a revised date, and your continued use after that constitutes acceptance.

01

Information we collect

Information you give us

We collect personal information you knowingly choose to disclose, which may include:

  • Your name, address, email address, phone number, username, password, and any other information you provide directly — including when you register, complete a questionnaire or entry form, or make a request for service.
  • Correspondence: records and copies of your email messages and our responses, records of your phone calls with us, and voice messages you leave.
  • Content you submit to be published or displayed in public areas of the Services, or transmitted to other users or third parties. This is posted at your own risk, and we cannot control how others may use it.
  • Transaction information, including payment card and billing details, for any purchase made through the Services.
  • Your search queries on the Website.

Information we collect automatically

We may automatically collect information about your equipment, browsing actions, and patterns, including activity information (pages viewed, features used, time and duration of visits), equipment information (operating system, IP address, browser type and language), and location information derived from GPS or from your device. We collect this using cookies, web beacons, JavaScripts, entity tags, HTML5 local storage, and resettable device identifiers.

This Policy does not cover the tracking technologies of third parties whose content, advertising, or references may appear on the Services. We do not control those technologies and are not responsible for them.

Information from other sources

We may receive information about you from other sources — including online and offline demographic, interest-based, and online advertising data; publicly available sources such as open government databases and social networks; and service providers. We protect this information in accordance with this Policy, plus any additional restrictions imposed by its source.

Demographic information

We may collect demographic, statistical, or aggregate information that is about you but does not individually identify you — for example gender, age, race, household income, and political affiliation. This is not personal information and cannot be tied back to you.

02

How we use your information

We may use the information we collect to:

  • Provide the Services and their content to you, and respond to your comments, questions, and requests.
  • Fulfill the purpose for which you provided the information, and communicate with you about your order, purchase, account, or subscription.
  • Inform you about changes to the Services or any of its features or content.
  • Operate, maintain, improve, personalize, and analyze the Services.
  • Monitor and analyze trends, usage, and activities for marketing or advertising purposes.
  • Detect, prevent, or investigate security breaches, fraud, and other unauthorized or illegal activity.
  • Carry out our obligations and enforce our rights arising from contracts between you and us, including billing and collection.
  • Maintain records for internal administrative purposes, and allow you to participate in interactive features.
  • Send promotional communications about features, offers, newsletters, promotions, contests, and events, where you have opted in.
  • Develop, test, troubleshoot, and improve new products, services, and features.

We may use information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you interact with an advertisement, the advertiser may assume you meet its target criteria.

03

Text messaging and SMS

What we send

Where you have given consent, we use SMS text messaging to respond to your inquiries, confirm and remind you of appointments, notify you of schedule changes, and send informational and promotional messages about our services.

Opting out

You can cancel the SMS service at any time by replying STOP to any message. We will send one confirmation message, after which you will receive no further texts from us. To rejoin, sign up again the same way you did originally.

Getting help

If you are having trouble with the messaging program, reply HELP to any message, or contact us at [email protected].

Frequency, rates, and delivery

Message frequency varies. Message and data rates may apply to messages sent to you by us and to us by you; contact your wireless provider with questions about your plan. Carriers are not liable for delayed or undelivered messages.

How we treat your consent

Consent to receive text messages is not a condition of purchasing any goods or services. We will never share or sell your phone number or your SMS consent with any third party for marketing purposes. Mobile opt-in data is not shared with third parties for their own marketing use under any circumstance.

04

How we share your information

We may disclose aggregated or anonymized information without restriction. We will not share the personal information we collect except in the following circumstances:

  • Subsidiaries and affiliates — for management, analysis, decision-making, and other business purposes.
  • Service providers — professional advisors, contractors, and third parties who provide support services such as payment processing, website hosting, information technology, sales, email and postal delivery, location mapping, product and service delivery, and analytics. They are bound by contractual obligations to keep the information confidential and use it only for the purposes we disclose.
  • Business transfers — in connection with a merger, divestiture, restructuring, reorganization, dissolution, bankruptcy, or sale of some or all of our assets.
  • Legal requirements — to comply with any court order, law, or legal process, including responding to a government or regulatory request.
  • Enforcement — to enforce or apply this Policy, our Terms of Use, and other agreements, including for billing and collection.
  • Protection of lawful interests — to protect the rights, property, or safety of our company, our users, partners, and agents, including exchanging information with other organizations for fraud protection and spam prevention.
  • Marketing service providers and business partners — to assess, develop, and provide promotions and special offers, and to administer contests, sweepstakes, and events.
  • Third-party platforms and social networks — where you have enabled features that link the Services to those platforms.

Information you post in public areas of the Services is generally accessible to, and may be collected and used by, others — and may result in unsolicited messages. Please exercise caution when posting personal information in public or interactive areas.

05

Service providers we use

Personal data is collected for the following purposes and using the following services. Unless otherwise noted, the place of processing is the United States, and the category of personal information collected under the CCPA is internet information. Where a service’s use of data constitutes a “sale” under the CCPA definition, you may opt out as described in Section 08.

Facebook
Account access, Custom Audience, Lookalike Audience, Remarketing, and Ads conversion tracking (pixel). Permissions may include Business Management API, Chat, Mobile Messaging on behalf of Page, and Page Messaging. Data processed: email address, tracker, usage data.
Google
Ad Manager, Analytics, Ads conversion tracking, Ads Remarketing, and Tag Manager. Data processed: tracker and usage data. The DoubleClick cookie is used to track use of the Website and user behavior concerning ads.
Zapier
Workflow automation between third-party services. Data processed: data communicated while using the service.
Mailgun
Email address management and message sending. Data processed: email address.
Twilio
Phone number management and communication. Data processed: phone number.
Stripe
Payment processing. Payment details are provided directly to the payment service provider; we receive only notification of whether payment succeeded.

Mailing list and newsletter

If you register for our mailing list or newsletter, your email address is added to the list of those who may receive commercial or promotional email messages about the Website. Your address may also be added as a result of signing up or making a purchase.

06

Your choices

Cookies and tracking

Most browsers let you refuse or remove cookies, or alert you before they are set. You can also manage Flash cookies through Adobe’s website. If you disable or refuse cookies, some parts of the Services may become inaccessible or may not function properly.

Promotional communications

If you do not want your contact information used to promote our own or third-party products or services, you can opt out by telling us at the point of collection, by adjusting your user preferences in your account profile, by following the unsubscribe instructions in our emails, or by emailing us at [email protected]. If you opt out of promotional communications, we may still send transactional messages about your account or purchases.

Text messages

Reply STOP to any message. See Section 03 for full terms.

Targeted advertising

You can opt out of interest-based advertising through your account preferences, or through the industry opt-out tools maintained by the Digital Advertising Alliance (aboutads.info) and the Network Advertising Initiative (networkadvertising.org). Because these mechanisms are specific to the browser and device on which they are set, you will need to opt out on each one you use.

Location and voice

You may adjust your device settings so that location information is not sent to us or to third parties, either by disabling location services or by denying specific applications permission to access it. Please note that location may still be derived from GPS, WiFi, Bluetooth, and other device settings. Similarly, you may disable microphone and speech recognition access so that voice transmissions are not sent to us.

Do Not Track

“Do Not Track” is a privacy preference you can set in most browsers. We do not currently respond to Do Not Track browser settings. We do honor Global Privacy Control (GPC) signals as valid opt-out requests under the CCPA.

07

Accessing and correcting your information

You may send us an email to request access to, correct, or remove any personal information you have provided to us. You may also access, correct, or remove personal information by logging into the Website and visiting your account profile page. We cannot delete your personal information except by also deleting your account.

We may decline a request to change information if we believe the change would violate a legal requirement or cause the information to be incorrect. If you delete your content from the Services, copies may remain viewable in cached and archived pages, or may have been copied or stored by other users.

08

California privacy rights

This section supplements the rest of this Policy and applies to residents of California under the California Consumer Privacy Act of 2018 as updated by the California Privacy Rights Act. Where these provisions conflict with others in this Policy, these supersede.

Categories we collect

We have collected the following categories of personal information: identifiers, commercial information, and internet information. We do not collect sensitive personal information, and we will not collect additional categories without notifying you.

Sale and sharing

We do not “sell” personal data as that term is defined under the CCPA. We may “share” certain personal information — such as device identifiers and browsing activity — with advertising partners for cross-context behavioral advertising, as described in Section 05. You have the right to opt out of this sharing, at any time and without submitting a verifiable request, by contacting us using the details in Section 13 or by enabling a Global Privacy Control signal in your browser. Once you opt out, we will wait at least twelve months before asking you to reconsider.

Your rights

  • Right to know — the categories of personal information we collect, the sources, the purposes, the categories of third parties to whom it was disclosed or sold, the specific pieces we hold, and how long we retain it.
  • Right to delete — we will delete your personal information upon a verified request, subject to exceptions set out by law.
  • Right to correct — we will correct inaccurate personal information we maintain about you.
  • Right to limit — we do not request sensitive personal information other than account credentials, which are used only to provide and secure your account.
  • Right to non-discrimination — we will not deny you goods or services, charge you a different price, or provide a different level of quality because you exercised your rights.

How to make a request

Submit requests by email or by mail using the details in Section 13. We may ask for additional information to verify your identity, used only for that purpose. We will confirm receipt within ten business days and respond within forty-five calendar days. If we need more time — up to ninety days — we will tell you why in writing. Disclosures cover the twelve-month period preceding the request. You may submit a maximum of two requests in a twelve-month period. There is no fee unless a request is manifestly unfounded or excessive, in which case we will explain the reason and provide an estimate before proceeding.

Authorized agents

You may designate an authorized agent to make a request on your behalf. You must provide the agent written permission, and we may require that you verify your identity directly with us. An agent holding power of attorney under California Probate Code sections 4000–4465 may submit a request on your behalf. If you are an adult, you may make a verifiable request on behalf of a minor under your parental authority.

09

Virginia privacy rights

This section applies to residents of the Commonwealth of Virginia under the Virginia Consumer Data Protection Act. We collect identifiers, commercial information, and internet information. We do not collect sensitive personal data.

You have the right to confirm whether we are processing your personal data and to access it; to correct inaccuracies; to request deletion; to obtain a portable copy; and to opt out of processing for targeted advertising. To exercise any of these, contact us using the details in Section 13.

We will not discriminate against you for exercising these rights. We will respond within forty-five days of receipt, and will tell you if we need up to ninety days. If we deny your request, we will explain why, and you may appeal — we will respond to an appeal in writing within sixty days. If an appeal is denied, you may contact the Attorney General to submit a complaint.

10

How we protect your information

We take reasonable technical, physical, and administrative precautions designed to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your information. Information you provide is stored on secure servers behind firewalls, and highly sensitive information such as payment card details is encrypted in transit using SSL.

The security of your information also depends on you. Where you have chosen a password for access to certain parts of the Services, you are responsible for keeping it confidential, and we ask that you not share it with anyone.

No method of transmission over the Internet or method of electronic storage is completely secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Any transmission of personal information is at your own risk.

11

Terms of use

If you choose to visit the Services, your visit and any dispute over privacy are subject to this Policy and our Terms of Use — including limitations on damages, resolution of disputes, and application of the law of the State of California.

12

Cookie policy

The Website uses trackers. The technologies we use, what they collect, and how to control them are described in Section 01 and Section 06.

13

Contact us

We welcome your questions, comments, and concerns about privacy.

Reach us

Shelly L. O'Neil, Inc.

204 Turf View Drive
Solana Beach, CA 92075

[email protected]
760-223-2588