Privacy policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://www.5amlemon.com/en-CA/home (the “Site”).
This Privacy Policy explains how you can contact 5am Lemon if you have a question or want to make a change to any personal information that 5am Lemon has collected when you have used the website. We recommend that you take the time to review this Privacy Policy.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information.”

We collect Device Information using the following technologies:

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
• “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
• “Google Analytics” will be used and integrated to the website for use in gathering data to be analyzed.

Additionally, when you make a purchase or attempt to make a purchase through the 5am Lemon site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.  We refer to this information as “Order Information.”

The following billing types will be available for payment on the website:

• Interac / MasterCard / VISA / PayPal

When “Other Information Collected” is stated in this Privacy Policy, 5am Lemon are stating the following items are to be collected for product use only.

The following items are used for order personalization purposes:

• Uploaded Images / Photographs, Text, and Cookies.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information you voluntarily provide us to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

• Provide and assist us in managing and delivering products and services to you and to help us improve and develop these services;
• Screen our orders for potential risk or fraud; and
• Send you commercial communications about 5am Lemon or third-party products and services, or other updates.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

DISCLOSING AND SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Shopify to power our online store. We also 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://www.google.com/intl/en/policies/privacy/. 

If you do not want any websites to track your usage with Google Analytics, you can opt-out here: https://tools.google.com/dlpage/gaoptout. This browser add-on will affect all websites you visit.

Finally, we reserve the right to share your Personal Information in order 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.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

DATA RETENTION

We retain your Personal Information for as long as necessary to fulfil the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purposes remains valid after termination of our relationship with you. Your Personal Information may be processed and stored in Canada or in other jurisdictions by a service provider or another company in accordance with our Privacy Policy.

Please note that withdrawing your consent does not limit the content of our discussions when you contact us. If you wish to withdraw your consent at any time, please contact us as outlined below.

SECURITY OF YOUR DATA

We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Personal Information. We keep information under physical, electronic or procedural controls that comply with regulatory standards. We authorize our employees, agents and contractors to get information about you only when they need it to do their work for us. We require companies working for us to protect your personal information and they agree to use it only to provide the services we ask them to perform for us.

CORRECTING AND ACCESSING YOUR PERSONAL INFORMATION

You can help us maintain the accuracy of your Personal Information by notifying us of any changes to your information.  In order to request access to or correction or update your personal information, please contact us as outlined below.

MINORS

The Site is intended for individuals of all ages.

COOKIES

We use cookies to help us give you the best experience on our website. Our cookies are now set in your browser and we'll assume you're happy with this if you keep using our website. 
 
OUR COOKIES ARE HERE TO HELP 
Cookies are little files saved to your device to make visits quicker, easier and more relevant. Some cookies are essential for websites to function and others remember things about you to give you a better online experience. 
 
We have placed cookies on your computer already to help us give you the experience you expect. By continuing to use our website, you're agreeing to our use of cookies. Alternatively, you can manage them in your browser settings. 
 
Our cookies and what they do for you 
 
ESSENTIAL COOKIES 
Without these cookies, our website won’t load properly. They help you navigate the checkout or login pages and make it easier for you to complete your order and for us to send you tracking details. 
 
WHAT THEY DO 
Remember things like products you put in your cart and information you enter in the checkout page. Without these cookies, this information would be lost every time you go to a new page. 
 
If you're signed in at a secure area, like the checkout or your account, these cookies recognize that you are already signed in. Without these cookies, you'd need to sign in each time you go to these pages. 

These are our essential cookies: 

• _shopify_sa_p 
• _gat 
• _gid 

• _shopify_sa_t 
• cart_ver 
• shopify_pay_redirect 
• _shopify_s 
• cart_ts 

• _shopify_ga 
• secure_customer_sig 
• _shopify_y 
• Cart 
• _s 

• _landing_page 
• cart_sig 
• _orig_referrer 
• _y 
• _ga 

• _shopify_y 
• cart_currency 
• master_device_id 
• _y 

We try to keep this list as up to date as possible. 

COOKIES FOR WEBSITE INFO 
These cookies collect anonymous information about how visitors use our website. We use this information to improve our website for a better user experience. This information doesn’t contain any personal details about the users on our site.  
 
WHAT THEY DO
Provides us with an overall picture of how people use our website by telling us things like the number of visitors to each page and what people do on that page, like which links they click on. This is the information used for analytics. 
 
These are our cookies for website information 

• _cb 
• _cb_ls 
• _cb_svref 

• igodigitaltc2 
• igodigitalst_* 
• SubscriberID 
• JobID 
• ListID 

• BatchID 
• UrlID 
• _gid 
• _ga 
• _gat* 

• _gac* 
• _gcl_aw 
• _uetsid 
• MUIDB 

 
We try to keep this list as up to date as possible. 

 
COOKIES THAT SAVE YOUR SETTINGS
When you fill in a form with your name and other contact details, these cookies remember your information. This is to make it easier when you return to our site, you don’t have to type in your info again. 
 
WHAT THEY DO 
Remember if we've already asked you something so that we don't keep asking you. These would be pop-ups, such as join our mailing list, etc. 
They show you when you're logged in to the website. 
 
These are our cookies that save your settings: 

• __Secure-3PAPISID 
• __Secure-1PAPISID 
• SAPISID 
• SSID 

• HSID 
• __Secure-3PSIDCC 
• __Secure-1PSID 
• __Secure-3PSID 
• SID 

• SIDCC 
• APISID 
• _landing_page 
• _gat 
• checkout 

• dynamic_checkout_shown_on_cart 
• _checkout_queue_checkout_token 
• _checkout_queue_token 
• dynamic_checkout_shown_on_cart 
• tracked_start_checkout 

• _shopify_sa_t 
• cart_ver 
• cart 
• _y 
• preview_theme 

• _shopify_y 
• _shopify_sa_p 
• cart_sig 
• cart_ts 
• cart_currency 

• shopify_pay_redirect 
• _shopify_s 
• _shopify_evids 
• _gid 
• _shopify_ga 

• NID 
• 1P_JAR 
• secure_customer_sig 
• _pay_session 
• cart 

• SEARCH_SAMESITE 
• _s 
• __ssid 
• user 
• _orig_referrer 

• signed_in 
• _ga 
• _ab 
• master_device_id 

 

We always keep this list as up to date as possible. 

DATA PROTECTION OFFICER

A defined role of Data Protection Officer (DPO) is required under privacy legislation if an organization is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider. 

Based on these criteria, 5am Lemon’s Data Protection Officer is its President and CEO Audrey Jamieson. She can be emailed @ audrey@marketingkitchen.ca or by writing (marked for her attention) to 5am Lemon, 498 Markland St Unit 7, Markham, ON L6C 1Z6. She can be contacted by phone at our office number at (905) 887-6245 extension 222.

BREACH NOTIFICATION

It is 5am Lemon’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the applicable legislation, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of

individuals, where required the relevant supervisory authority will be informed within the specified timeframe. We will also notify Commission d’accèss à l’information (CAI) if any breach impacts Quebec residents.

If acting as a data processor, 5am Lemon shall notify the data controller of the data breach security incident. Our data controller is Joe Chimienti, and he has the responsibility when offering a technological product or service to ensure that the parameters of the product or service provide the highest level of confidentiality by default, without any intervention by the person concerned.

Any data breach will be managed in accordance with our Security Incident Response Policy which sets out the overall process of handling information security incidents.

Under privacy legislation, the relevant authority may have the right to impose a range of fines, often based on a percentage of annual worldwide turnover or a specific amount, for infringements of the regulations.

ADDRESSING COMPLIANCE WITH APPLICABLE PRIVACY LEGISLATION

The following actions are undertaken to ensure that 5am Lemon complies at all times with the accountability principle of privacy legislation within Canada:

The legal basis for processing personal data is clear and unambiguous.

• A Data Protection Officer is appointed with specific responsibility for data protection in the organization. 
• All staff involved in handling personal data understand their responsibilities for following good data protection practices.
• Training in data protection has been provided to all staff.
• Rules regarding consent are followed.
• Routes are available to personal data principals wishing to exercise their rights regarding personal data and such inquiries are handled effectively.
• Regular reviews of procedures involving personal data are carried out.
• Privacy by design is adopted for all new or changed systems and processes.

The following documentation of processing activities is recorded:

• Organization name and relevant details
• Purposes of the personal data processing
• Categories of individuals and personal data processed
• Categories of personal data recipients
• Agreements and mechanisms for transfers of personal data to other countries including details of controls in place
• Personal data retention schedules
• Relevant technical and organizational controls in place
• These actions are reviewed on a regular basis as part of the management process concerned with privacy and data protection.

EXCEPTIONS

5am Lemon’s business needs, local situations, laws and regulations may occasionally call for an exception to this policy or any other 5am Lemon policy. If an exception is needed, 5am Lemon’s management will determine an acceptable alternative approach.

ENFORCEMENT

• Any violation of this policy or any other 5am Lemon policy or procedure may result in disciplinary action, up to and including termination of employment. 5am Lemon reserves the right to notify the appropriate law enforcement authorities of any unlawful activity and to cooperate in any investigation of such activity. 5am Lemon does not consider conduct in violation of this policy to be within an employee’s or contractor’s course and scope of work.
• Any personnel requested to undertake an activity that he or she believes is in violation of this policy must provide a written or verbal complaint to his or her manager or any other manager of 5am Lemon as soon as possible.
• The disciplinary process should also be used as a deterrent to prevent employees and contractors from violating organizational security policies, procedures, and any other security breaches.

COMPLAINTS POLICY AND PROCEDURE

This policy and procedure applies to complaints received by 5am Lemon about our services or staff.  

GUIDING PRINCIPLES

• It is in the interest of all parties that complaints are dealt with promptly and resolved as quickly as possible. 
• Review of complaints is fair, impartial and respectful to all parties. 
• Complainants are advised of their options to escalate their complaint to a more senior staff person if they are dissatisfied with treatment or outcome. 
• Complainants are provided clear and understandable reasons for decisions relating to complaints. 
• Updates are provided to complainants during review processes. 
• Complaints are used to assist in improving services, policies and procedures. 

TYPES OF COMPLAINTS 

Definition: A complaint is an expression of dissatisfaction about the service, actions, or lack of action by 5am Lemon as an organization or a staff member or volunteer acting on behalf of 5am Lemon. 

Examples include but are not limited to: 

• Perceived failure to do something agreed upon.
• Failure to observe policy or procedures.
• Error made by a staff member/supplier; or - unfair or discourteous actions/statements by staff members/supplier.
• Anyone personally affected can complain and their complaint will be reviewed in accordance with this procedure. 

COMPLAINT RECEIPT HANDLING 

A complaint may be received verbally (by phone or in person) or in writing (by mail or email) to Audrey Jamieson, President of 5am Lemon and Data Protection Officer who can be emailed at audrey@marketingkitchen.ca or by writing (marked for her attention) to 5am Lemon, 498 Markland St Unit 7, Markham, ON L6C 1Z6. She can be contacted by phone at our office number at (905) 887-6245 extension 222.

Upon receipt or after having learned of any issue, Audrey will acknowledge the complainant and confirm that the complaint has been received and will be acted on either by herself or another employee. If a timeframe for action can be determined, this will be included in the acknowledgement. Basic contact information including name, phone number and email address should immediately be recorded. 

• Every effort should be made to resolve complaints received in a timely fashion. When receiving a verbal complaint, we will listen and seek to understand the complaint, and may attempt to resolve it immediately. 
• Complaints received in writing should be acknowledged within 2 business days and should attempt to resolve the matter within 10 business days. 
• Complainants will be kept informed of the status of their complaint. Every attempt should be made to resolve escalated complaints within an additional 10 business days so that all complaints are resolved within a month of having been received. 

DOCUMENTING THE COMPLAINT

It is necessary to keep a record of any complaint that involves a security breach and/or dispute over money as well as any complaint that cannot be resolved immediate (on the same day it is received). Information about such complaints must be recorded on the complaints tracking worksheet. Information recorded on the worksheet includes a description of the complaint, who handled it, what was done to resolve the complaint, timeframe, and a description of the resolution. A summary of the complaints received including number and type will be reported to Audrey Jamieson – Data Protection Officer.

RESPONSIBILITY, REVIEW, AND AUDIT

5am Lemon reviews and updates its security policies and plans to maintain organizational security objectives and meet regulatory requirements at least annually. The results are shared with appropriate parties internally and findings are tracked to resolution. Any changes are communicated across the organization.

This document is maintained by Beth Hamilton. This document was last updated on 04/21/2023.

CONTACT US

For more information about our privacy practices, if you have questions or need help, please contact us by e-mail at hello@5amlemon.com or by mail using the address provided below:

5am Lemon
498 Markland St., Unit 7
Markham, ON, L6C 1Z6
Canada