Backyard Retreat Marketing Privacy Policy

We at Higgins Marketing Group, Inc. d/b/a Backyard Retreat Marketing (“BRM” or “we” or “us” or “our”) know that your privacy is important. This privacy policy (“Policy”) is designed to assist you in understanding how we process your personal data when you (1) use our websites, web applications, or our mobile applications (and other add-on applications, (2) subscribe to or use our services or other related services on which we post a direct link to this Policy, (3) visit our offices, (4) contact us or we contact you (including through telephone, text messaging (SMS/MMS), email, and website channels), or (5) otherwise interact with us. Personal data does not include information which is not personally identifiable or which cannot be reasonably associated or linked with an individual or household. Please read this Policy carefully to learn how we collect, use, share and otherwise process your personal data, and to learn about your rights and choices regarding our processing of your personal data.


Within the scope of this Policy, BRM is the business that makes the decisions about the processing of your personal data (also known as the “data controller”), unless expressly specified otherwise. This Policy does not cover any other data collection or processing, including the data related to our customers’ clients which we host for our customers (and for which we act as a “data processor” or “service provider”) via the BRM sales and marketing software Servicess (“Services”).


Collection of Your Personal Data

What We Collect. In some situations you may provide us with your personal data, which could include your name, street address, telephone number, email address, job title, payment card number, other financial account number(s), the types of information specified in the Summary of Data Use, Collection, and Disclosure section of this Policy, and any other information we collect about you that by itself is not personally identifiable information but if combined with personally identifiable information could be used to personally identify you.


You may provide us with personally identifiable information when you enter a sweepstakes or contest; complete a survey; apply for a job; make a purchase; download an e-book; request customer support, sign up for email or text message (SMS/MMS) notifications and/or newsletters, visit and/or use our website and/or Services; provide comments, reviews, feedback, or testimonials about our products or services, request support or information about our services or Services; and participate in any other transactions or interactions between you and BRM.


Information We Automatically Collect. When you interact with us by computer, telephone, mobile phone or other device, we automatically collect certain information. This information may include, without limitation: telephone number, geographical location and IDs of your computer, mobile or other device; referral source; your interactions with us, length of visit; page views; Internet Protocol address or other unique identifier; hardware model; mobile network information; and time zone.


Cookies, Web Beacons, and other Technologies. When you interact with us, we try to make that experience simple and meaningful. When you visit our website, use our Services, or receive email from us, our servers may send cookies, web beacons, and similar technologies to your device. Certain technical information, such as your browser version and operating system, are also collected. We may also from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our websites to help us administer our websites and improve their quality. Such third parties may use cookies, web beacons, and similar non-cookie technologies to help track visitor behavior, how you interact with a website (including how you navigate around a web page and the most commonly clicked links on a specific web page).


Personal Data We Collect From Other Sources. We may also collect information about you from other sources, including third parties from whom we have purchased personal data, and combine this information with personal data provided by you. This helps us to update, expand and analyze our records, identify new customers and create more tailored advertising to provide services that may be of interest to you. We may collect personal data from third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event and services promotions and profiling.


Disclosures by Children. We believe that protecting the privacy of the very young is especially important and for that reason we will never collect or maintain information on our Site from those we actually know are under the age of 16. Our websites and Services are intended for business audiences, and no part of our websites or Services is structured to attract anyone under 16.


Third Party Sites. We may provide links to third party websites. Please note that the privacy and other policies of any such third party website may differ materially from this Policy. We strongly recommend that you review the privacy policies of any such third party prior to submitting personal data. BRM has no control over and is not responsible for the information practices of other websites, including those to which we may link and those which may link to us.


Use of Widgets and Social Media. We may provide widgets that make it possible to share information on third-party services. We may also include social media features, such as the Facebook® or Twitter® button and similar widgets and interactive mini-programs that run on our site (each, a “Feature”). To the extent we use these Features, they may collect your Internet Protocol address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social media Features and widgets are either hosted by a third party or hosted directly by us. Your interactions with these Features are governed by the privacy statement of the company providing the Feature or widget.


Use of Testimonials. We may select and post testimonials about us or our services, which may contain personal data such as your company, and your name and/or the city, state, or country in which you live. We will obtain your consent prior to posting any testimonial with your name. If you post such content, it will be available to other customers and visitors. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove or delete your name or testimonial, you may contact BRM using the information in the How to Contact Us section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages for a period of time.


Reviews. We may post reviews provided by you about us or our services, which may contain personal data such as your company, name and/or the city, state, or country in which you live. When submitting your review, you are giving us permission to post your review. If you post such content, it will be available to other users of our website or Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove your name or review from our website, you may contact BRM using the information in the How to Contact Us section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages for a period of time.


Your Choices. You have choices with respect to your personal data, and can choose to not provide personal data to us. Our services may require some personal data to provide you with a service. If you choose not to provide data required to provide you with a service or feature, you cannot use that service or feature. We may also need to collect personal data as required by law or to enter into or carry out an agreement with you. If you do not provide any such required personal data, we will not be able to enter into the agreement. If you are already using our services and choose not to provide us with any necessary personal data we may have to suspend or cancel the impacted services.


Use of Your Personal Data

General. We may process your personal data as described in this Policy to perform our contract or other obligations we have with you, for our legitimate interests or those of a third-party, as needed or permitted to comply with law, or based on your consent. These uses may include:

providing our websites, services, and functionality (for example, to perform our contract with you for the use of our websites and services and to fulfill our obligations under applicable terms of service or to operate and administer our websites and to provide you with content you access and request);

providing customized service content (for example, so that we can provide you with customized content or keep track of preferences you specify);

maintaining and improving the security and safety of our websites and services (for example, by tracking use of our websites and services, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity and enforcing our terms and policies, to promote the safety and security of the services, systems and applications and in protecting our rights and the rights of others);

account management (for example, managing your subscription or other registration to provide you with services, servicing your account, providing information related to your purchase, use, payments and invoices, and contacting you about your purchase);

handling contact and user support requests (for example, when you contact us, request contact, or request user support, including by telephone, email, webform or otherwise, to fulfill your requests, assist you with your use of our Services, and communicate with you);

providing you with service, company updates, and other notifications (for example, if you are a customer, we may provide you with company news, and service information);

managing event registrations and attendance;

managing contests/promotions/sweepstakes (for example, if you register for a contest, promotion, or sweepstakes, then and subject to any additional applicable rules);

managing and processing payments including facilitating payment card transactions initiated directly with us or through a third-party payment processor and related authentication, security and fraud prevention activities;

developing and improving our websites, services, and user experience (for example, to debug and repair any errors impacting functionality, to assess systems capacity requirements, to analyze trends and to track your usage of and interactions with our websites and services for developing and improving our websites and services and providing our users with more relevant content and service offerings);

auditing and reviewing compliance with applicable usage terms, policies, laws, rules, and regulations;

registering office visitors (for example, to protect our offices and our confidential information against unauthorized access);

displaying personalized advertisements and content (for example to conduct marketing research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests);

identifying customer opportunities and sending marketing communications (for example, to ensure that we are meeting the demands of our customers and to send you marketing information, product recommendations and other non-transactional communications such as marketing newsletters, telemarketing calls, and texts (SMS/MMS), about us and our affiliates and partners, including information about our products, promotions or events);

complying with legal obligations (for example when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal data to protect our rights or is necessary to protect against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests);

fraud prevention and authentication purposes, and to monitor compliance with our contract and any applicable Services use requirements and restrictions;

considering and responding to your job application and other employment or potential employment matters;

with your consent for any purpose permitted by law and for which you have provided consent;

use of anonymous data (for example, we may use anonymous, aggregated data for any legal purpose);

as specifically set forth in any agreement or terms of service we have with you; or

for those other purposes which may be permitted by applicable law.

Requests for Information. If you provided us with your email address or phone number to receive information from us, we and our fulfillment partners may contact you using the contact information you provided us regarding our Services, such as offers, support and product updates. BRM and our fulfillment partners may make such contact by email, phone and/or text (SMS/MMS), including the phone number you provide us, and we may use automated dialers technology in order to more efficiently connect you with one of our representatives. Your mobile phone carrier’s standard message and data rates may apply to text messages. You are not required to provide your phone number as a condition of purchasing access to our services, and you can opt out of text messages at any time as described in the “Unsubscribe” section found below within this Policy.


Email and SMS. We may communicate with you through email and text messaging (SMS/MMS) using your personal contact information on file in our systems to inform you of new products, important industry and company news, information about our Services and services, and as otherwise provided in this Policy, unless you opt out of such communications.


Automated Processing (Including Profiling) and Automated Decision-Making. Automated decision making refers to a decision that is taken solely based on automated processing of your personal data. Profiling is a form of automated processing that involves evaluating and assessing certain aspects about you, in order to analyze or predict your personal preferences, interests, or behavior.


We may use automated decision making and profiling in the following instances:


Chatbots. We use chatbots, a software that conducts an automated conversation to answer your questions and improve our customer service.

Analytics. We use automated analytics of your profile and usage experience, based on which we provide personalized product recommendations to you.

Retargeting. We or our third-party service providers use “retargeting”, which means we may send you or display to you communications and content specifically tailored to your interests and needs based on your previous internet actions.

You may have the right to object at any time to the use of automated decision making or profiling. Please see Your Rights & Choices section below for more information about your rights. To turn off personalized advertising, please change your cookie settings.


We may also use personal data as set forth in the Summary of Data Use, Collection, and Disclosure section of this Policy.


Disclosure of Your Personal Data

General. We may disclose your personal data to our independent contractors, business partners, processors, or service providers who have agreed to (i) hold this information in confidence, and (ii) not use it for any purpose except to carry out the services they are providing for BRM. Such vendors may include providing services enabling us to use personal data as described in the Policy, such as hosting our Services, services or other data; managing the functionality of our Services or services; hosting customer relationship management, marketing automation, customer service and other software Servicess on our behalf; processing and facilitating payment card transactions and related authentication, security and fraud prevention activities; collecting delinquent accounts; fulfilling and processing orders; delivering products or services you have ordered; conducting background checks and other pre-employment screening; assisting with marketing and promotions; and enabling us to send you email.


We may also disclose your personal data (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders or if we have a good-faith belief that we need to disclose it in order to comply with official investigations or legal proceedings; (ii) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change, or (iii) as otherwise disclosed in the terms and conditions of our agreements with customers, including our separately posted and applicable Terms of Service for the Services and other relevant services.



Disclosures of Aggregate or Anonymous Information. BRM may also disclose aggregate, anonymous data based on information collected from you for any legal purpose, which may include analyzing usage trends or seeking compatible advertisers, sponsors, and customers.


Disclosures Made by You. If you use a bulletin board, blog, comment or discussion forum or chat room we make available, or connect with social media, you should be aware that any personal data you submit there can be read, collected, or used by other users of these forums, could be used to send you unsolicited messages, and could be potentially searchable through search engines. We are not responsible for the potential misuse by third parties of any personal data that you choose to submit in these various forums.


We may also disclose personal data as described in the Summary of Data Use, Collection, and Disclosure section of this Policy.


Data Retention

When the purposes of processing are satisfied, we will delete or depersonalize your personal data within a reasonable time period.


Data Integrity and Security

We have implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect personal data from unauthorized processing, including unauthorized access, disclosure, alteration, or destruction. Although BRM will use reasonable efforts to secure our systems, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure. In addition, if we have to disclose your personal data to governmental/law enforcement officials, we may not be able to ensure that those officials will maintain the privacy and security of your personal data.


International Transfers of Personal Data

Your personal data may be collected, transferred to and stored by us in the United States and by our affiliates and third parties that are based in other countries. Therefore, your personal data may be processed outside your jurisdiction, and in countries that are not subject to an adequacy decision by the European Commission or your local legislature and/or regulator, and that may not provide for the same level of data protection as your jurisdiction. We ensure that the recipient of your personal data offers an adequate level of protection, for instance by entering into the appropriate data protection agreements and, if required, standard contractual clauses for the transfer of personal data, as approved by the European Commission, or transfers on the basis of the Privacy Shield Framework.


Your Rights & Choices

You may have certain rights relating to your personal data, subject to local data protection laws. Please note that you can only exercise these rights with respect to personal data that we process about you when we act as a data controller. This is when BRM decides why and how your personal data will be processed, rather than our customers making those decisions. To exercise your rights with respect to information processed by us on behalf of one of our customers, please read the privacy notice of our customer. Depending on the applicable laws and, in particular, if you are located in the European Economic Area or the State of California in the United States, these rights may include:


For European Economic Area residents:


To access your personal data held by us (right to access);

To rectify inaccurate personal data and, taking into account the purpose of processing the personal data, ensure it is complete (right to rectification);

To erase/delete your personal data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten);

To restrict our processing of your personal data, to the extent permitted by law (right to restriction of processing);

To transfer your personal data to another controller, to the extent possible (right to data portability);

To object to any processing of your personal data carried out on the basis of our legitimate interests (right to object). Where we process your personal data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;

Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects; and

To the extent we base the collection, processing and sharing of your personal data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal. If you have given consent for your details to be shared with a third party, and wish to withdraw this consent, please also contact the relevant third party in order to change your preferences.

For State of California, United States of America, residents and households:


You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:


The categories of personal information we collected about you and the categories of sources for the personal information we collected about you.

Our business or commercial purpose for collecting that personal information.

The categories of third parties with whom we share that personal information.

The specific pieces of personal information we collected about you (also called a data portability request).

You have the right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions provided by law. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.


Unsubscribe. You may opt out of receiving future promotional/marketing messages from us by clicking the “Unsubscribe” link found in the footer of our email messages or by replying or texting ‘STOP’ if you receive text message (SMS/MMS) communications. Please note that if you opt out of promotional/marketing messages, you may continue to receive certain communications from us, such as administrative and services announcements and/or messages about your account/profile. You may also contact us using the information in the How to Contact Us or Exercising Your Rights sections of this Policy.


Exercising Your Rights. To exercise your rights described above or as otherwise available under applicable law, please submit your request to us by


Telephone: +1 407-504-7133; or

Web: complete a contact request using our website form

We try to acknowledge all requests within ten (10) days and respond to all legitimate requests within one month. We will contact you if we need additional information from you in order to honor your request.


Only you (or if you are resident of California, a person registered with the California Secretary of State that you authorize to act on your behalf), may make a request related to your personal data. You will need to provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected personal data. Generally, we will request only information that we may have about you to confirm your identity, but under some circumstances we may require additional information or documentation to complete your request. We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request. Making a request does not require you to create an account with us. Unless otherwise permitted or required by applicable law, we will only use information provided in a request to verify your identity or authority to make the request.


We generally do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded, and permitted by law. If we determine that the request warrants a fee and such fee is permitted by law, we will tell you why we made that decision and provide you with a cost estimate before completing your request.


Non-Discrimination. We will not discriminate against you for exercising any right afforded to you by any data protection law. Unless otherwise permitted by law, we will not:


Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Provide you a different level or quality of goods or services.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other Requests. You may ask us to remove content or information that you have posted to our websites. Please note that while we will make reasonable efforts to accommodate such requests, your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor or third-party.


European Union Supervisory Authority Oversight. If you are a data subject whose personal data we process, you may also have the right to lodge a complaint with a data protection regulator in one or more of the European Union member states.



How To Contact Us

General. If you have any questions or concerns about this Policy or the way your information is being used by BRM, you can contact us (i) by phone at 407-504-7133nor (ii) by mail addressed to Backyard Retreat Marketing, 1180 Springs Centre Blvd. South, Suite 201, Altamonte Springs, FL 32714.


Other Information

Changes and Effective Date. We may change this Policy at any time and from time to time. The most recent version of the Policy is reflected by the version date located at the bottom of this Policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version or other notice on our website. We encourage you to review this Policy often to stay informed of changes that may affect you.


Contract Terms. You consent to our collection, use, and disclosure of your information as described in this Policy. For the purposes of our Policy, when we refer to “you” or to a “customer” we mean any past, current or prospective customer of BRM, and any individual whose personal data is obtained pursuant to this Policy. By choosing to visit and interact with BRM, you agree to comply with the terms of this Policy, and that your visit and any dispute regarding the protection of your privacy during such visit is subject to this Policy and if you are a customer of ours, the dispute resolution provisions in our separate Terms of Services or other agreement applicable to our services. Please note that to the extent a customer enters into other contractual agreements with BRM, the privacy terms and conditions of such agreements (including the separate Terms of Service) may by express reference supplement or supersede portions of this Policy.

Version Date: 06/20/2020