Privacy policy

This policy is incorporated by reference into the DayShift Terms of Service available at drinkdayshift.com/policies/terms-of-service. Capitalized terms used but not defined in this policy have the meanings given to them in the Terms of Service. In the event of any conflict between this policy and the Terms of Service, the Terms of Service control.

1. Introduction

Luma Brands LLC, doing business as DayShift ("DayShift," "we," "us," or "our"), respects your privacy. This Privacy Policy describes the categories of personal information we collect, how we use and disclose that information, the choices available to you regarding our use of your personal information, and the rights you may have under applicable privacy laws. This Privacy Policy applies to information collected through drinkdayshift.com, our customer support channels, our marketing communications, and any other interactions you have with DayShift.

2. Information We Collect

2.1 Information You Provide Directly

- Account information: name, email address, password, and account preferences.
- Contact information: shipping address, billing address, and telephone number.
- Order information: products purchased, quantity, Subscription tier, frequency, and delivery instructions.
- Payment information: processed by our payment processor; we do not store full payment card numbers on our systems.
- Communications: messages you send to customer support, product reviews, survey responses, and User Content you choose to submit.
- Marketing preferences: email and SMS opt-in selections.

2.2 Information Collected Automatically

- Device and connection data: IP address, browser type, operating system, device identifiers, and approximate location derived from IP.
- Usage data: pages viewed, links clicked, referring URL, search terms, and timestamps of activity on the Website.
- Cookies and similar technologies: see Section 7 for details on how we use cookies, pixels, tags, and SDKs.
- Third-party analytics: We use third-party web analytics services on the Website, including Google Analytics. These providers may collect IP addresses, cookies, and other device identifiers to help us evaluate use of the Services. To learn more, visit developers.google.com/analytics.

2.3 Information from Third Parties

- Payment processors: confirmation of authorized payments and limited card metadata (e.g., last four digits, card brand).
- Shipping carriers: delivery status, tracking information, and address verification results.
- Marketing and analytics providers: aggregated audience and campaign-performance data.
- Affiliates and influencers: information about referral or affiliate-code attribution for Orders.

3. How We Use Your Information

We use personal information for the following business purposes:

- Fulfilling Orders, processing payments, shipping Products, and managing Subscriptions and renewals.
- Creating, securing, and supporting your Account.
- Providing customer support and responding to inquiries, refund requests, and adverse-reaction reports.
- Sending transactional communications (Order confirmations, shipping notifications, renewal reminders, and account notices).
- Sending marketing communications by email and, with your express consent, by SMS.
- Operating, securing, and improving the Website and our internal systems, including detecting and preventing fraud or abuse.
- Conducting analytics, market research, and product development.
- Complying with legal obligations and enforcing our Terms of Service and other policies.

4. How We Share Your Information

We do not sell personal information for monetary consideration. We share personal information with the following categories of recipients, in each case only as necessary for the purposes described in this Privacy Policy:

- Service providers: payment processors, fulfillment and warehouse partners, shipping carriers, customer support tools, subscription management platforms (e.g., Loop Subscriptions), email and SMS service providers (e.g., Klaviyo), website hosting providers, and analytics providers.
- Affiliates and influencers: limited Order-attribution data for affiliates and influencers whose codes were applied to your Order.
- Legal and safety recipients: law enforcement, regulators, courts, or other parties when required by law or to protect rights, property, or safety.
- Corporate transactions: counterparties and advisors involved in a merger, acquisition, financing, reorganization, sale of assets, or similar transaction, subject to confidentiality protections and applicable law.

Some of our use of cookies and similar technologies for advertising may constitute "sharing" or a "sale" under certain state privacy laws (such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act). The categories of personal information that may be shared with advertising and analytics partners include identifiers (such as device ID and IP address), commercial information (such as products viewed or purchased), and internet or other electronic network activity information (such as pages viewed and search history). You may exercise your right to opt out of such sharing as described in Section 9 or by using the Global Privacy Control.

5. Marketing Communications

5.1 Email

When you create an Account or place an Order, you may receive marketing emails from us, sent through our email service provider (currently Klaviyo). You can unsubscribe at any time by clicking the unsubscribe link in any marketing email or by contacting support@drinkdayshift.com. Even if you opt out of marketing email, we will continue to send you transactional email related to your Account and Orders.

5.2 SMS

We send marketing text messages only to customers who have expressly opted in. To opt out, reply STOP to any DayShift text message. For help, reply HELP. Message and data rates may apply. Message frequency may vary, up to a maximum of eight (8) marketing messages per month. SMS marketing terms are described in Section 17 of the Terms of Service.

6. Data Retention

We retain personal information for as long as your Account remains active and for a reasonable period thereafter to comply with legal, accounting, tax, or reporting obligations; to resolve disputes; to enforce our agreements; and for other legitimate business purposes. When personal information is no longer needed, we delete or de-identify it in accordance with our retention schedules.

7. Cookies and Tracking Technologies

The Website uses cookies and similar tracking technologies to operate the site, remember your preferences, measure performance, and support personalized advertising.

7.1 What we use

We and our service providers may use the following tracking technologies:

- Cookies: small text files stored on your device.
- Pixels and web beacons: tiny images embedded in web pages or emails that record activity.
- Tags and SDKs: code snippets that collect device and usage data.
- Local storage: browser storage used to remember preferences and session state.
- Device identifiers: persistent or probabilistic identifiers that distinguish your device.

7.2 Categories of cookies

We use cookies and similar technologies in four categories:

- Strictly necessary: required for the Website to function (e.g., authentication, cart, checkout). These cannot be disabled.
- Performance and analytics: help us understand how visitors use the Website (e.g., aggregate page views, time on page, referring source). Examples include Google Analytics.
- Functionality: remember your preferences and personalize your experience (e.g., remembered Subscription tier, region, login state).
- Advertising: used by us and our advertising partners (e.g., Meta, Google, TikTok) to deliver relevant advertising on third-party websites and measure ad performance.

7.3 What we use cookies for

We and our service providers use cookies and similar technologies to:

- Authenticate your Account and maintain your session.
- Operate the cart and checkout flow.
- Monitor Website performance and uptime.
- Analyze how visitors use the Website and identify ways to improve it.
- Personalize content and remember your preferences.
- Show you relevant advertising on third-party websites.
- Measure the performance of our advertising campaigns.
- Detect and prevent fraud and abuse.

7.4 Interest-based advertising

We and third-party ad technology providers may use cookies and similar technologies to deliver advertising tailored to your interests, also called interest-based, personalized, or targeted advertising. These ads may be shown on our Website or on third-party websites and apps based on your activity across the internet.

For interest-based advertising, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (DAA).

7.5 Your choices

You have several options to control cookies and advertising:

Cookie banner: Use our cookie banner, presented on your first visit, to accept or reject categories of cookies.

Browser settings: Most browsers allow you to refuse cookies, delete existing cookies, or be notified when a new cookie is set. Disabling certain cookies may affect Website functionality.

Industry opt-outs:

- Digital Advertising Alliance (DAA): aboutads.info/choices
- Network Advertising Initiative (NAI): optout.networkadvertising.org
- DAA AppChoices (in-app advertising): youradchoices.com/appchoices

Opting out of interest-based advertising does not mean you will no longer see ads. It means the ads you see may not be tailored to your interests.

7.6 Global Privacy Control

We honor Global Privacy Control (GPC) signals as an opt-out of sharing personal information for cross-context behavioral advertising under applicable state privacy laws. To learn more about GPC, visit globalprivacycontrol.org.

7.7 Do Not Track

Some browsers include a "Do Not Track" (DNT) feature that lets you signal a preference not to be tracked. Our Website does not currently respond to DNT signals because no consistent industry standard for DNT has been established. We continue to honor opt-out preferences expressed through GPC, the cookie banner, and the industry programs listed above.

8. Security

We implement reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, disclosure, alteration, or destruction. No method of transmission over the internet or method of electronic storage is fully secure, however, and we cannot guarantee the absolute security of your information.

9. Your Privacy Rights

9.1 California Residents (CCPA/CPRA)

California residents have the right to: (a) know the categories and specific pieces of personal information we have collected; (b) request access to and a copy of personal information; (c) request correction of inaccurate personal information; (d) request deletion of personal information; (e) opt out of the "sale" or "sharing" of personal information for cross-context behavioral advertising; (f) limit the use and disclosure of sensitive personal information; and (g) be free from discrimination for exercising any of these rights.

California residents may also request information regarding our disclosure of certain categories of personal information to third parties for those parties' direct marketing purposes pursuant to California Civil Code Section 1798.83 ("Shine the Light").

9.2 Residents of Virginia, Colorado, Connecticut, Utah, and Other States

Residents of states with applicable privacy laws (including but not limited to Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, and other states whose laws come into effect over time) generally have the right to access, correct, delete, and obtain a portable copy of their personal information; the right to opt out of targeted advertising and certain forms of profiling; and, in some states, the right to appeal a denied request. We honor these rights in accordance with the law applicable to you.

9.3 How to Exercise Your Rights

To exercise any of the rights described in this Section 9, email support@drinkdayshift.com with the subject line "Privacy Rights Request" and provide enough information for us to verify your identity and the request you wish to make. We will respond within the timeframes required by applicable law. You may use an authorized agent to submit a request on your behalf where permitted by law. We will not discriminate against you for exercising your privacy rights.

10. Children's Privacy

The Services are not intended for and not directed to children under the age of 18. We do not knowingly collect personal information from children under 18. If you believe a child has provided personal information to us, contact support@drinkdayshift.com and we will take steps to delete the information.

11. International Visitors

DayShift operates in the United States and our Services are directed to U.S. residents. If you access the Services from outside the United States, your personal information will be transferred to, processed in, and stored in the United States, where data protection laws may be different from those in your country of residence.

12. Third-Party Links and Services

The Services may contain links to third-party websites, applications, or services that are not operated by DayShift. This Privacy Policy does not apply to those third-party services, and we encourage you to review the privacy policies of any third party before providing personal information.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The "Last Updated" date at the top of this policy reflects the effective date of the most recent revision. Material changes will be communicated through the Website or by email to your Account address. Your continued use of the Services after the effective date of any change constitutes your acceptance of the updated Privacy Policy.

14. Contact Us

Questions or concerns about this Privacy Policy or our privacy practices may be directed to:

Luma Brands LLC, doing business as DayShift
Attn: Privacy
2807 Allen St #2293, Dallas, TX 75204
support@drinkdayshift.com