This Policy explains how we collect, use, disclose, and protect information that we learn about you as a result of your interaction with us through the websites on which this Policy is posted (including the websites that you may access using your mobile electronic device), through the services provided through such websites, and through technology platforms used and through technology platforms used to manage website services and communications with the website’s users.
This Policy is only applicable to this Site and not to any other website or service that you may be able to access from the Site. When you click on a link or a logo displayed on the Site that links you to a different website (including, without limitation, Facebook, Instagram, iTunes, tumblr, Twitter and YouTube), or when you use any third-party app, tool, widget, plug-in or extension on the Site, information about you may be collected through automated means. We do not control, and are not responsible for, any third party’s collection and use of your information. You should refer to the privacy policies of such third parties to learn about their information collection, use and disclosure practices.
You may be asked to submit information to us when you access or use available services, such as when you:
create an account;
subscribe to our mailing list;
make a purchase;
receive customer or technical support;
participate in chat rooms, forums, blogs or surveys;
register for or at an event; or enter contests, sweepstakes, or other promotions.
While parts of the site may not require you to provide any information that can directly identify you by name (such as if you choose to browse the website without logging in), the specific types of information we collect will depend upon the services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you may include, without limitation, the following:
your country and zip code;
date of birth;
name, if you choose to provide it;
social media accounts and handles;
log-in credentials, if you create an account;
billing information, such as shipping address, credit or debit card number, verification number, and/or expiration date;
information about purchases or other transactions with us;
information about your customer service interactions with us;
information about your personal preferences, including, but not limited to, sizing, clothing type, and email frequency preferences; and
any other information you choose to directly provide to us in connection with your use of services.
When you access the Site or any of it’s services, we collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Site, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Site and/or upload or post content, error logs, and other similar information. As discussed further below, we and our service providers (which are third-party companies that work on our behalf), may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
We use your information for various purposes depending on the types of information we have collected from and about you, in order to:
fulfill your service request or product order;
respond to your questions;
contact you about your account or your order;
alert you of new products or services and new product and service features;
inform you of being selected as a winner (when applicable);
inform you about new promotions, special events, and other offers that we think may be of interest to you;
comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others; and
establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others.
We may use such information for research and marketing purposes, and may also share such data with any third parties for the use of technology platforms to deliver services and information as requested by the user.
The laws in some jurisdictions require us to tell you about the legal ground we rely upon in order to use or disclose your information. Where those laws apply, our legal grounds are as follows:
To perform our obligations under a contract with you. For example, to comply with the terms of service of our websites, which you accept by browsing the Site, or when you register for an account at our store.
Consent. Where required by law and in some other cases, we collect and use your information on the basis of your implied or express consent.
To comply with legal requirements, and prevent fraud.
To collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site, that enable us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Site you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects with the Flash management tools available at Adobe’s website. You can also visit your mobile device manufacturer’s website (or the website for its operating system) for instructions on any additional privacy controls in your mobile operating system, such as privacy settings for device identifiers and geolocation. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Site.
We may use third-party web analytics services (such as those of Google Analytics) on our Site to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools (such as clear GIFs) to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. Online Advertising
The Site may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Site, as well as on other websites you visit and other applications you use.
Third parties may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) may also serve tailored ads to you as you use the Internet and Internet-connected applications, and access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Site to assist in this activity.
3. Notice Concerning Do Not Track
You may be able to adjust your browser’s settings to turn on a “do not track” feature. Although our policy may change in the future, because there is no uniform standard for “do not track” signal recognition currently, we do not support “do not track” and will not honor your web browser’s “do not track” signal.
We do not intentionally or knowingly allow other parties to collect personal information about your online activities over time and across different websites, when you visit the websites or use any of the Site.
We may use your information to provide analyses of the users of the Site, in the aggregate, to prospective partners, advertisers and other third parties. We may also share your non-personally-identifiable information with our business partners for the purpose of their delivering content, including ads, on the Site and on third-party websites.
We may disclose your information to our employees, agents, contractors and sub-contractors, and to our related and affiliated entities for the limited purpose of enabling them to communicate with you directly about events and promotions that may be of interest to you.
We will share your information with other parties under the following circumstances:
Service Providers. We may share your information with the service providers that we engage in connection with the Site, including those who help administer our e-mail communications, operate the on-line store and U.S. shopping cart for the Site. These companies may access your information to the extent required in order to perform services on our behalf.
Sweepstakes and Contests. If you choose to participate in any on-line promotions such as a sweepstakes or a contest on the Site, your information collected in connection with such promotion may be shared with the third-party sponsor of the promotion, or as otherwise provided in the Official Rules. You should carefully review the Official Rules of each promotion in which you choose to participate through the Site, as the Official Rules may contain additional important information about a third party’s collection and use of your information. To the extent that the Official Rules of any promotion conflict with this Policy, the Official Rules will govern collection and use of your information in conjunction with that particular promotion.
We will not share your information with third parties for the purposes of their direct marketing unless you affirmatively agree to such disclosure.
For any services that require you to create an account, you may review, update or delete your information by accessing the “My Account” area of the Site or by contacting us at email@example.com. Please note that when you delete your account or request that we delete your information, we may retain your information for a reasonable period of time for the purpose of internal account management and fraud prevention.
If you no longer wish to receive our announcements by e-mail, you may unsubscribe from receiving them at any time by clicking the “Unsubscribe” link at the bottom of our e-mails and following subsequent instructions. If you e-mail us to change your contact preferences, we will implement your requested changes within a reasonable period of time. Please note that your requested changes will not be effective until we implement such changes. Please also note that you cannot unsubscribe from certain correspondence from us, such as messages relating to your account transactions.
If you choose to join a mobile marketing list, please be aware that there are usually costs associated with receiving SMS or MMS messages, which are determined by your carrier. You should contact your carrier to determine the charges that may apply before you sign up to receive our updates via SMS or MMS. If you wish to stop receiving such messages from us, at any time, simply write “STOP” in a reply to any message from us.
If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the “Contact” section on the Site. Your local laws (e.g., in the European Union) may permit you to request that we:
provide access to and/or a copy of certain information we hold about you;
prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling);
update information which is out of date or incorrect;
delete certain information which we are holding about you;
restrict the way that we process and disclose your information or certain types of your information;
transfer your information to a third-party provider of services;
and revoke your consent for the processing of your information.
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
We keep your information for the period necessary to fulfill the purposes set forth in this Policy unless a longer retention period is required or permitted by applicable law.
WHAT IS OUR POLICY ON CHILDREN’S PRIVACY AND PRIVACY RIGHTS OF CALIFORNIA MINORS?
The Site is not for children under 13 years of age in the United States or under 16 in the European Union. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act (“COPPA”)) from a child in the United States under the age of 13 without legally-valid parental or school consent or that we have collected data through the Site from a European Union resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible.
If you are a resident of the State of California, under 18 years of age and a registered user on the Site, and you have posted content or information on the Site, you may request and obtain removal of the content or information posted by you, by contacting us at firstname.lastname@example.org. Please note that our removal of such content or information does not ensure complete or comprehensive removal of this content or information from the Site.
California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of “personal information” (as defined by applicable California law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
The information that you provide to us is stored on servers that are located in secured facilities with restricted access, and protected by protocols and procedures designed to safeguard such information. In addition, we restrict access to your information to those of our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site. However, no data transmission over the Internet or through mobile telecommunications can be guaranteed to be completely secure, and, for this reason, we cannot ensure or warrant the security of any information that you transmit to us or that is transmitted to us as a result of your use of the Site. You can help protect your information by using strong passwords, changing your password often, using a secure web browser, and signing off and closing your web browser when you are finished with the use of the Site.
The information discussed in this Policy is processed in the United States by Black Orchid LLC. whose principal mailing address is 1880 Century Park East, Suite 1600, Los Angeles, CA 90067. Your information will be processed in the United States for the purposes described herein. As described above, we also may subcontract the processing of your data to, or otherwise share your data with, our service providers and business partners in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you reside. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
This Policy is effective as of the “last updated and effective” date set out at the top of this page. We reserve the right to modify this Policy at any time, and all revisions will become effective upon the earlier of (a) posting of the revisions on the Site, or (b) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated and Effective” date at the top of this Policy to ensure that you are familiar with the most recent version of this Policy. Your continued use of any of the Site after the effective date of any revisions means that you accept and agree to all such revisions.
If you have any questions about either this Policy or our privacy practices, please contact us in writing at:
Black Orchid LLC., • P.O. Box 5983 • Tampa, FL 33675