Privacy Policy

---

Happy Birthday America, LLC

Website: happybirthdayamerica.com
Email: usa@happybirthdayamerica.com

Last Updated: May 25, 2025

Happy Birthday America, LLC ("we," "us," or "our"), a limited liability company registered in the State of Michigan, is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit our website, happybirthdayamerica.com (the "Website"), or purchase our clothing and apparel products. By using our Website, you agree to the practices described in this Privacy Policy and our Terms and Services, available at [happybirthdayamerica.com/terms-and-services]. If you do not agree with this Privacy Policy, please do not use our Website.This Privacy Policy complies with Michigan’s Identity Theft Protection Act (MCL 445.61 et seq.), the Michigan Consumer Protection Act (MCL 445.901 et seq.), and applicable federal laws. We encourage you to read this policy carefully and contact us with any questions.

1. Information We Collect

We collect information to provide and improve our services, process your orders, and comply with legal obligations. 

The types of information we collect include:

1.1. Personal Information: Information that can identify you, provided voluntarily when you interact with the Website, such as:  

• Name, email address, phone number, and shipping/billing address: Collected when you place an order, create an account, or contact us.  
• Payment information: Collected via secure payment processors (e.g., credit card details) to process your purchases. We do not store full payment information on our servers.  
• Account credentials: Username and password if you create an account on the Website.

1.2. Non-Personal Information: Information that does not directly identify you, such as:  

• Browsing data: IP address, browser type, device information, operating system, and pages visited, collected via cookies or similar technologies.  
• Usage data: Information about how you interact with the Website, such as products viewed, time spent, and links clicked.  
• Aggregated data: Statistical data about Website usage, used to improve our services and marketing.

1.3. User-Generated Content: Information you voluntarily submit, such as product reviews, ratings, or inquiries sent to usa@happybirthdayamerica.com.

2. How We Collect Information

We collect information through:  

• Direct Interactions: When you place an order, create an account, or contact us.  
• Automated Technologies: Cookies, web beacons, and analytics tools (e.g., Google Analytics) to track Website usage and performance. You can manage cookie preferences through your browser settings.  
• Third Parties: Payment processors, shipping carriers, and analytics/marketing providers, as described in Section 4.

3. How We Use Your Information

We use your information to:

3.1. Process Orders: Fulfill your purchases, including processing payments, arranging shipping (e.g., free shipping for in-stock items within 5 business days, backordered items within 30 days, subject to availability), and sending order confirmations.

3.2. Customer Support: Respond to inquiries, handle requests for defective or incorrect items (as outlined in our Terms and Services), and provide assistance.

3.3. Improve Our Services: Analyze Website usage, troubleshoot issues, and enhance user experience.

3.4. Marketing and Communications: Send promotional emails or newsletters about new products, sales, or updates, if you opt in. You may unsubscribe at any time via the link in our emails or by contacting usa@happybirthdayamerica.com.

3.5. Legal Compliance: Comply with Michigan’s Identity Theft Protection Act, Michigan’s Consumer Protection Act, and other applicable laws, including tax reporting and fraud prevention.

3.6. Security: Protect against unauthorized access, fraud, or misuse of the Website, in compliance with Michigan’s data security requirements.

4. Sharing Your Information

We do not sell your personal information. We may share your information with:

4.1. Service Providers: Third parties that assist with our operations, such as:  

• Payment processors (e.g., Stripe, PayPal) to securely process transactions.  
• Shipping carriers (e.g., USPS, UPS) to deliver orders.  
• Analytics providers (e.g., Google Analytics) to understand Website usage.  
• Marketing platforms (e.g., Mailchimp) for promotional communications, if you opt in.
    

These providers are contractually obligated to protect your information and use it only for the services they provide to us.

4.2. Legal Obligations: We may disclose your information to comply with legal requirements, such as responding to subpoenas, court orders, or tax reporting under Michigan’s Sales Tax Act (MCL 205.51 et seq.).

4.3. Business Transfers: In the event of a merger, sale, or acquisition, your information may be transferred to the acquiring entity, subject to confidentiality protections.

4.4. User-Generated Content: Reviews or other content you submit may be publicly displayed on the Website with your consent.

5. Data Security

We implement reasonable security measures to protect your information, as required by Michigan’s Identity Theft Protection Act (MCL 445.61 et seq.), including:  

• Encryption of payment information during transactions.  
• Secure storage of account credentials.  
• Regular monitoring of our systems for vulnerabilities.

However, no online system is completely secure. We cannot guarantee the absolute security of your information, and you share information at your own risk. Please use strong passwords and avoid sharing sensitive information unnecessarily.

6. Your Data Rights

As a Michigan resident, you have rights under the Michigan Identity Theft Protection Act and other applicable laws. You may:

6.1. Access: Request details about the personal information we collect and how it’s used.
6.2. Correct: Request corrections to inaccurate personal information.
6.3. Opt-Out: Unsubscribe from marketing communications at any time via the unsubscribe link in our emails or by contacting usa@happybirthdayamerica.com.
6.4. Data Breach Notification: In the event of a data breach, we will notify affected customers as required by Michigan law (MCL 445.72).  

To exercise these rights, contact us at usa@happybirthdayamerica.com. We will respond within a reasonable timeframe, typically within 30 days, as required by law.

7. Cookies and Tracking Technologies

We use cookies and similar technologies to:  

• Ensure Website functionality (e.g., maintaining your cart during checkout).  
• Analyze usage and improve the Website.  
• Deliver personalized content or ads, if applicable.
• 
  

You can manage cookies via your browser settings or opt out of non-essential cookies through our Website’s cookie consent tool (if available). Disabling cookies may affect Website functionality.

8. Third-Party Links

Our Website may contain links to third-party websites (e.g., payment processors, social media). We are not responsible for the privacy practices or content of these sites. Review their privacy policies before providing information.

9. Children’s Privacy

Our Website is not intended for individuals under 13 years of age, in compliance with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13. If we learn such information has been collected, we will delete it promptly. Contact us at usa@happybirthdayamerica.com if you believe we have collected information from a child under 13.

10. Data Retention

We retain personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including order processing, customer support, and legal compliance (e.g., tax records under Michigan’s Sales Tax Act). For example:  

• Order information is retained for 7 years to comply with tax and accounting requirements.  
• Account information is retained until you request deletion or your account is inactive for 3 years.  
• Non-personal data (e.g., analytics) may be retained indefinitely in aggregated form.

To request deletion of your personal information, contact usa@happybirthdayamerica.com. We will comply unless retention is required by law.

11. International Users

Currently, we ship only within the United States and primarily serve U.S. customers. If you access the Website from outside the U.S., your information may be processed in the U.S., where data protection laws may differ. By using the Website, you consent to this transfer and processing. If we expand to international markets (e.g., EU), we will update this Privacy Policy to comply with applicable laws, such as the EU’s General Data Protection Regulation (GDPR).

12. Compliance with Michigan and Federal Laws

12.1. Michigan Identity Theft Protection Act: We implement reasonable security measures to protect your personal information and notify you of data breaches as required (MCL 445.72).
12.2. Michigan Consumer Protection Act: We ensure transparent practices regarding data collection and use, in compliance with MCL 445.901 et seq.
12.3. Federal Laws: We adhere to FTC guidelines for e-commerce and COPPA for children’s privacy.

13. Changes to This Privacy Policy

We may update this Privacy Policy to reflect changes in our practices or legal requirements. Updates will be posted on the Website with the revised “Last Updated” date. Your continued use of the Website after changes constitutes acceptance of the updated policy. We will notify you of significant changes via email or a Website notice, as required by law.

14. Contact Us

For questions, concerns, or to exercise your data rights, contact us at:

Happy Birthday America, LLC
Email: usa@happybirthdayamerica.com  

We aim to respond to all inquiries within 30 days, in compliance with Michigan law.