SMS Terms of Service
Drink Ysidro Inc.
Mobile Message Service Terms and Conditions
Last updated: 2.7.21
The DRINK YSIDRO INC mobile message service (the "Service") is operated by DRINK YSIDRO INC (“ Ysidro ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to DRINK YSIDRO INC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of DRINK YSIDRO INC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with DRINK YSIDRO INC. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. If sending in the US or Canada, text the single keyword command STOP to DRINK YSIDRO INC. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other DRINK YSIDRO INC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 9254827374 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Collecting Personal Information
Examples of Personal Information collected:version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.Purpose of collection:to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.Source of collection:Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.Disclosure for a business purpose:shared with our processor Shopify.
Examples of Personal Information collected:name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
Purpose of collection:to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.Source of collection:collected from you.
Disclosure for a business purpose:shared with our processor Shopify.
Customer support information
Examples of Personal Information collected:
Purpose of collection:to provide customer support.
Source of collection:collected from you.
Disclosure for a business purpose: Recharge, Attentive SMS, Klayvio, Shopify.
The Site is not intended for individuals under the age of 21. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here:
We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here:https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here:https://tools.google.com/dlpage/gaoptout.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
[INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED. COMMON LINKS INCLUDE:
FACEBOOK -https://www.facebook.com/settings/?tab=adsGOOGLE -https://www.google.com/settings/ads/anonymousBING -https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Using Personal Information
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
[INCLUDE THE FOLLOWING SECTION IF YOUR STORE IS LOCATED IN OR IF YOU HAVE CUSTOMERS IN EUROPE]
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
Your consent;The performance of the contract between you and the Site;Compliance with our legal obligations;To protect your vital interests;To perform a task carried out in the public interest;For our legitimate interests, which do not override your fundamental rights and freedoms.Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.