By ordering Swoon’s (“we” “us” or “our”) products and using our services, you are consenting to the collection of Personal Information and use practices described in this Policy, as modified from time to time by us in our sole discretion.
SECTION 1 - WHAT DO WE COLLECT? WHAT DO WE DO WITH YOUR INFORMATION?
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, operating system, 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.
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.
When you purchase something from our store as part of the buying and selling process, we collect other personally identifying data and information from you, such as 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.”
In addition to the uses set for elsewhere in the Policy, we may use Personal Information about you for various purposes, including to:
• Provide, maintain and improve the Site and our products;
• Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about the Site, products, recipes, offers, surveys, events and other news and information we think may be of interest to you;
• Monitor and analyze trends, usage and activities in connection with the Site;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect our rights and property;
• Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;
• Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
• Carry out any other purpose for which the information was collected.
SECTION 2 – CONSENT; SMS POLICY
How do you get my consent?
You consent to our collection and use of Device Information by using or accessing the Site.
You consent to our collection and use of Order Information when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase.
We will ask for directly for your express consent to use your Order Information for a secondary reason, like marketing, or provide you with an opportunity to say no.
By entering your phone number for use pertaining to our Site, you are providing written consent to, and agree to, receive text messages from us and agree to the associated Terms of Service. These messages will be used for important notifications, security confirmations, customer service, and other relevant notifications or promotions regarding your purchases and use. The approximate
number of messages you should expect to receive in a given month is
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at firstname.lastname@example.org or mailing us at:
423 West 55th Street, 11th Floor
New York, New York 10019
To stop receiving text messages, you may reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Stopping messages will prevent future customer support service. To resume receiving messages, you may message START. For text message help, you may message HELP.
Swoon is not liable for delayed or undelivered messages. For further information, please contact us.
SECTION 3 - DISCLOSURE
Subject to the terms of this Policy, we shall never sell, rent, share or otherwise distribute or make available your Personal Information to third parties outside of our group of companies without your consent, except that we may access, use, preserve, and disclose your Personal Information to third parties if we believe in good faith that it is reasonably necessary to:
• Comply with applicable laws, regulations, legal processes, and governmental requests;
• Protect the safety of any person including to prevent death or imminent bodily harm;
• Detect, prevent, and address fraud, security, or technical issues;
• Further process your Personal Information in accordance with the purposes for which it was originally collected;
• Enforce the Terms of Service; or
• Protect our rights or property.
California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by writing to us at email@example.com.
SECTION 4 – RETENTION OF PERSONAL INFORMATION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. We will delete this information only to the extent permitted by applicable law, document retention policy, or court order.
SECTION 5 – INTERNATIONAL USERS
Our Site is based in the United States. If you are visiting from the European Union or other region with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.
Users in the European Union (the “EEA”) and Switzerland. If you are a resident of the EEA or Switzerland, the following information applies.
1. Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Site. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; and (3) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy.
2. Right to lodge a complaint: Users that reside in the EEA or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here [link: https://edpb.europa.eu/about-edpb/board/members_en].
3. Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.
4. Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.
a. The right to request data erasure. You have the right to have your data erased from our Sites if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
b. The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
SECTION 6 –SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here [https://www.shopify.com/legal/terms] or Privacy Statement here [https://www.shopify.com/legal/privacy].
SECTION 7 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Policy or our website’s Terms of Service.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 8 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a completely secure environment, and that therefore the confidentiality of your Personal Information provided or transmitted via our Site or by e-mail cannot be guaranteed by us. Thus, we are not responsible or liable for the security of your Personal Information whilst in transit via the Internet to us.
By using the Site or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending a message. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at firstname.lastname@example.org.
SECTION 9 – COOKIES
Here is a list of Cookies that we use and a brief description of the services they provide. We’ve listed them here so you that you can choose if you want to opt-out of Cookies or not.
• _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc.).
• _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
• _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
• cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
• _secure_session_id, unique token, sessional
• storefront_digest, unique token, indefinite, If the shop has a password, this is used to determine if the current visitor has access.
Google Analytics & Interest-Based Online Advertising
As you navigate through and interact with our website(s), we may utilize automatic data collection technologies (such as Google Analytics) to collect anonymized information about your site visit. We do this to help us estimate the size of our audience and their usage patterns in order to improve the user experience for everyone.
Data collected may include, but is not limited to, demographic information like age and gender, system details like your browser version and operating system, your mobile device type if accessing the site on your phone or tablet, onsite behavior like which pages on our site that you visited and how long you stayed, and whether or not you completed any actions like making a purchase or signing up for our mailing list. Nothing collected is personally identifiable.
You have the right to update, correct, or modify information we may have about you at any time by logging into your account, or emailing us at email@example.com.
You may also adjust your ad personalization settings directly with Google in their “Ad Personalization Settings” [link: https://adssettings.google.com/authenticated] page.
We have enabled the following tracking features within Google Analytics: Demographics and Interest Reports, Advertising Reporting Features, and Remarketing.
Users who wish to not have their data collected with Google Analytics can install the opt-out browser add-on, which prohibits information from being sent to Google Analytics.
To opt out, visit the Google Analytics opt-out page [link: https://tools.google.com/dlpage/gaoptout] and install the add-on for your browser.
Another option is by visiting the Network Advertising Initiative Opt-Out [link: http://optout.networkadvertising.org/?c=1#!%2F] page.
SECTION 10 - AGE OF CONSENT
Our websites are general audience sites that are not designed nor intended to collect Personal Information from minors under the age of 18. To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Personal Information. We will not knowingly collect, use, or disclose Personal Information from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian). By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. We ask that parents supervise their children while online.
If our store is acquired or merged with another company, your information may be transferred to the new owners.
SECTION 12 – TRADEMARK RIGHTS
We and our affiliates, licensors and content providers are the owners of all the trademarks used on the Site. Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks without our express written consent.
SECTION 13 - QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at:
Be Mixed, LLC
423 West 55th Street, 11th Floor
New York, New York 10019
Effective Date: May 1, 2019