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Last Updated 11/24/2020
WHAT PERSONAL DATA DO WE COLLECT AND WHEN?
When you use our Services, we collect certain personal data to provide you with the products or services you request. This personal data includes:
Information that you provide
We collect any information that you enter through our Services or give us in any way. For example, when you create an account, place an order, request to receive communications, participate in our events or contests, contact our consumer services, or use our Services in any other way. Such information includes, but is not limited to the following:
- contact details including name, email, telephone number and shipping and billing address;
- login and account information, including screen name, password and unique user ID;
- personal details including gender, hometown, date of birth and purchase history;
- payment or credit card information;
- personal preferences including your favorites/wish list as well as marketing and cookie preferences;
- and information you give us through your calls with our customer service.
We collect additional personal data from you to enable particular features within our Services. We may provide you the option to connect your Site account to your account on some social networking sites, such as Facebook, Instagram, Pinterest, Twitter, or Snapchat, for the purpose of logging in, uploading information or enabling certain features on the Site or App. This personal data includes:
- log-in credentials, username, age and gender;
- profile picture, cover photo, friend networks, locale, and any other information you have made public.
- device IDs, call state, date/time of access, network access, storage information and battery information; and
- cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.
When you download or use our Apps, we may receive data about your location and your mobile device, including the hardware model, operating system and version, and unique device identifiers.
CHILDREN ONLINE PRIVACY PROTECTION ACT (COPPA)
We do not knowingly collect or solicit personal data from children under the age of 13 (“Children” or “Child”). If you are a parent or guardian and you are aware that your Child has provided us with personal data, please contact us by using the contact details in the “Question and Feedback” section below. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.
TOOLS TO MANAGE WHAT PERSONAL DATA WE COLLECT
When using our Services, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or send push notifications. We may obtain this consent through the Services or using the standard permissions available on your device.
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
WHY AND HOW DO WE USE YOUR PERSONAL DATA?
We use your personal data in the following ways:
To Provide the Features of the Sites, Apps, and Services You Request
When you use our Services, we will use your personal data to provide the requested product or service. For example, if you make a purchase through our Services or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
In some cases, to use particular features within our Services, you may need to provide us with additional data or additional consent to use particular data in a certain way. For example, to share content on social media, you may be required to provide your social media account credentials to sign in.
To Communicate Information about our Products, Services, Events and for Other Promotional Purposes
When you consent, we will send you marketing communications and news concerning our products, services, events and other promotions. You can opt-out at any time after you have given your consent.
If you are an existing customer of ours (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar products or services where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us as well as information from our other products or services (such as your use of our Services, your visits to or purchases made in our stores, your participation in our events and contests) to personalize communications on products and services that may be interesting for you.
To Operate, Improve and Maintain our Business, Products and Services
We use the personal data you provide to us to operate our business. For example, when you make a purchase, we use that information for accounting, audits and other internal functions. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Services. We may also record your calls with our customer service to handle your inquiry and for training, research and product development purposes.
To Protect Our or Others' Rights, Property or Safety
For General Research and Analysis Purposes
We use data about how our visitors use our Services to understand customer behavior or preferences. For example, we may use information about how visitors to our Sites search for and find products to better understand the best ways to organize and present product offerings in our storefront.
We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
To process your personal data, we rely on certain legal grounds, depending on how you interact with our Services.
- When you purchase products from our Services, we need your personal data to fulfill our contract with you. For example, we need your payment and contact details to deliver your order.
- When you use our Apps, we rely on your consent for processing and for certain limited purposes to fulfill our contract with you (for example, for in-App purchases).
- We also rely on other legal grounds, such as our legitimate interests as a business, to comply with a legal obligation, or to protect your vital interests.
Legal Ground for Processing Personal Data Under The General Data Protection Regulation (“GDPR”)
We may process your personal data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
SHARING OF YOUR PERSONAL DATA
From time to time we establish business relationships with other persons or entities whom we believe trustworthy and your personal data is sometimes shared with:
- Third party service providers process personal data on our behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, send mailers, research and analysis, manage brand and product promotions as well as administering certain services and features. We may share your information when we team up with another company to offer or provide products, services, contests, or promotions to our customers. When using third party service providers we enter into agreements that require them to implement appropriate technical and organizational measures to protect your personal data.
- To any other third party where you have provided your consent.
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
PROTECTION AND MANAGEMENT OF YOUR PERSONAL DATA
Encryption & Security
We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the safety of your personal data.
International Transfers of your Personal Data
Retention of your Personal Data
YOUR RIGHTS RELATING TO YOUR PERSONAL DATA
You have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability); (iii) correction of your personal data if it is incomplete or inaccurate; or (iv) deletion or restriction of your personal data in certain circumstances provided by applicable law. These rights are not absolute. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time.
The Controlling the Assault of Non-Solicited Pornography And Marketing Act (“CAN-SPAM Act”)
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have commercial emails stopped from being sent to them, and spells out penalties for violations.
We may collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service.
- Market to our mailing list or continue to send emails to our customers after the original transaction has occurred.
To be in accordance with CAN-SPAM, we agree to the following:
- Not to use false or misleading subjects or email addresses.
- To identify the message as an advertisement in some reasonable way.
- To include the physical address of our business or site headquarters.
- We monitor third-party email marketing services for compliance, if one is used.
- We honor opt-out/unsubscribe requests quickly.
Opting Out of Direct Marketing
You may at any time unsubscribe or opt-out from receiving our marketing communications by:
- Following the instructions at the bottom of one of your emails from us and we will promptly remove you from the email list.
- Contact us by using the contact details in the “Question and Feedback” section below.
We reserve the right to send you transactional or relationship based emails or notices even if you opt out of all voluntary emails. This includes information about your account, such as information regarding delivery of goods and services you have already agreed to and ordered, service announcements and administrative messages, information about warranty, recall, safety or security information, or notices about changes in terms or features of the Services.
Note to EEA Residents
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us using the contact details in the “Question and Feedback” section below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
Our Services may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
Advertising and Analytics Services Provided by Others
COOKIES AND PIXEL TAGS
What Are Cookies?
- Cookies are small data files stored on your browser or device. They may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”). For example, we partner with third-party analytics providers, like Google, which set cookies when you visit our websites. This helps us understand how you are using our Services so that we can improve them.
- Pixels are small images on a web page or in an email. Pixels collect information about your browser or device and can set cookies.
- Local storage allows data to be stored locally on your browser or device and includes HTML5 local storage and browser cache.
|Category of cookies||Why we use these cookies|
|Technical||These cookies are essential for our Services to function properly. Like the other cookies we use, technical cookies may be either first-party cookies or third-party cookies.|
|Preferences||We use these cookies to remember your settings and preferences.|
|Security||We use these cookies to help identify and prevent security risks.|
|Performance||We use these cookies to collect information about how you interact with our Services and to help us improve them.
For example, we may use these cookies to determine if you have interacted with a certain page.
|Analytics||We use these cookies to help us understand and improve our Services.
For example, we can use these cookies to learn more about which features are the most popular with our users and where we may need to make improvements.
|Advertising||We and our advertising partners use these cookies to deliver advertisements, to make advertisements more relevant and meaningful to visitors to our website, and to track the efficiency of our advertising campaigns, both on our Services and on other websites.|
- Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our services may not function properly.
- To prevent your data from being used by Google Analytics, you can install Google's opt-out browser add-on.
- For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit http://optout.aboutads.info/. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance.
YOUR CALIFORNIA PRIVACY RIGHTS
California Consumer Privacy Act
This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.” The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning.
For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see the “What Personal Data Do We Collect And When?” section above. We collect this information for the business and commercial purposes described in the “Why And How Do We Use Your Personal Data?” section above. We share this information with the categories of third parties described in the “Sharing Of Your Personal Data” section above. We do not sell the personal information we collect and will not sell it without providing a right to opt out. Please note that we do use third-party cookies for our advertising purposes as further described in the “Cookies And Pixel Tags” section above.
Subject to certain limitations, the CCPA provides California consumers the right to request (a) more information about the categories and specific pieces of personal information we have collected and how we use and disclose this information, (b) deletion of their personal information, and (c) to opt out of any “sales” that may be occurring. We will not discriminate against you if you exercise your rights under the CCPA.
California consumers may make a request pursuant to their rights under the CCPA by contacting us by any means in our “Questions and Feedback” section below. To help protect your privacy and maintain security, we take steps to verify your identity before granting access to information or complying with a request. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and verify your identity directly.
California Online Privacy Protection Act (“CalOPPA”)
According to CalOPPA, we agree to the following:
- Users can visit our site anonymously.
You can change or update your personal information by any of the means described in our “Questions and Feedback” section below.
“Do Not Track” Signals Under CalOPPA
Our Site does not support “Do Not Track” browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.
QUESTIONS AND FEEDBACK
If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your personal data, you may contact us:
- By Email: email@example.com
- By Phone: (302) 279-1052
If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner. You also have the right to lodge a complaint with the relevant supervisory authority in the country in which you reside.
New Occasion Brands LLC. All rights reserved. All materials contained within this website are protected by copyright belonging to New Occasion Brands LLC.