PRIVACY POLICY
Last updated: 07/19/23
This Privacy Policy describes how Emerald Jade Swim (the "Site", "we", "us", or "our")
collects, uses, and discloses your personal information when you visit,
use our services, or make a purchase from emeraldjadeswim.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your"
means you as the user of the Services, whether you are a customer,
website visitor, or another individual whose information we have
collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any
of the Services, you agree to the collection, use, and disclosure of
your information as described in this Privacy Policy. If you do not
agree to this Privacy Policy, please do not use or access any of the
Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to
reflect changes to our practices or for other operational, legal, or
regulatory reasons. We will post the revised Privacy Policy on the Site,
update the "Last updated" date and take any other steps required by
applicable law.
How We Collect and Use Your Personal Information
To provide the Services, we collect and have collected over the past
12 months personal information about you from a variety of sources, as
set out below. The information that we collect and use varies depending
on how you interact with us.
In addition to the specific uses set out below, we may use
information we collect about you to communicate with you, provide the
Services, comply with any applicable legal obligations, enforce any
applicable terms of service, and to protect or defend the Services, our
rights, and the rights of our users or others.
What Personal Information We Collect
The types of personal information we obtain about you depends on how
you interact with our Site and use our Services. When we use the term
"personal information", we are referring to information that identifies,
relates to, describes or can be associated with you. The following
sections describe the categories and specific types of personal
information we collect.
Information We Collect Directly from You
Information that you directly submit to us through our Services may include:
Basic contact details including your name, address, phone number, email.
Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
Account information including your username, password, security questions.
Shopping information including the items you view, put in your cart or add to your wishlist.
Customer support information including the
information you choose to include in communications with us, for
example, when sending a message through the Services.
Some features of the Services may require you to directly provide us
with certain information about yourself. You may elect not to provide
this information, but doing so may prevent you from using or accessing
these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies").
Usage Data may include information about how you access and use our
Site and your account, including device information, browser
information, information about your network connection, your IP address
and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties,
including from vendors and service providers who may collect information
on our behalf, such as:
Companies who support our Site and Services, such as Shopify.
Our payment processors, who collect payment information (e.g.,
bank account, credit or debit card information, billing address) to
process your payment in order to fulfill your orders and provide you
with products or services you have requested, in order to perform our
contract with you.
When you visit our Site, open or click on emails we send you, or
interact with our Services or advertisements, we, or third parties we
work with, may automatically collect certain information using online
tracking technologies such as pixels, web beacons, software developer
kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in
accordance with this Privacy Policy. We are not responsible or liable
for the accuracy of the information provided to us by third parties and
are not responsible for any third party's policies or practices. For
more information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
Providing Products and Services. We use your
personal information to provide you with the Services in order to
perform our contract with you, including to process your payments,
fulfill your orders, to send notifications to you related to you
account, purchases, returns, exchanges or other transactions, to create,
maintain and otherwise manage your account, to arrange for shipping,
facilitate any returns and exchanges and to enable you to post reviews.
Marketing and Advertising. We use your personal
information for marketing and promotional purposes, such as to send
marketing, advertising and promotional communications by email, text
message or postal mail, and to show you advertisements for products or
services. This may include using your personal information to better
tailor the Services and advertising on our Site and other websites.
Security and Fraud Prevention. We use your
personal information to detect, investigate or take action regarding
possible fraudulent, illegal or malicious activity. If you choose to use
the Services and register an account, you are responsible for keeping
your account credentials safe. We highly recommend that you do not share
your username, password, or other access details with anyone else. If
you believe your account has been compromised, please contact us
immediately.
Communicating with you. We use your personal
information to provide you with customer support and improve our
Services. This is in our legitimate interests in order to be responsive
to you, to provide effective services to you, and to maintain our
business relationship with you.
Cookies
Like many websites, we use Cookies on our Site. For specific
information about the Cookies that we use related to powering our store
with Shopify, see https://www.shopify.com/legal/cookies.
We use Cookies to power and improve our Site and our Services
(including to remember your actions and preferences), to run analytics
and better understand user interaction with the Services (in our
legitimate interests to administer, improve and optimize the Services).
We may also permit third parties and services providers to use Cookies
on our Site to better tailor the services, products and advertising on
our Site and other websites.
Most browsers automatically accept Cookies by default, but you can
choose to set your browser to remove or reject Cookies through your
browser controls. Please keep in mind that removing or blocking Cookies
can negatively impact your user experience and may cause some of the
Services, including certain features and general functionality, to work
incorrectly or no longer be available. Additionally, blocking Cookies
may not completely prevent how we share information with third parties
such as our advertising partners.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information
to third parties for legitimate purposes subject to this Privacy Policy.
Such circumstances may include:
With vendors or other third parties who perform services on our
behalf (e.g., IT management, payment processing, data analytics,
customer support, cloud storage, fulfillment and shipping).
With business and marketing partners, including Shopify, to
provide services and advertise to you. We use Shopify to support
personalized advertising with third-party services. Our business and
marketing partners will use your information in accordance with their
own privacy notices.
When you direct, request us or otherwise consent to our disclosure
of certain information to third parties, such as to ship you products
or through your use of social media widgets or login integrations, with
your consent.
With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
In connection with a business transaction such as a merger or
bankruptcy, to comply with any applicable legal obligations (including
to respond to subpoenas, search warrants and similar requests), to
enforce any applicable terms of service, and to protect or defend the
Services, our rights, and the rights of our users or others.
We have, in the past 12 months disclosed the following categories of
personal information and sensitive personal information (denoted by *)
about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":
CategoryCategories of Recipients
Identifiers such as basic contact details and certain order and account information
Commercial information such as order information, shopping information and customer support information
Internet or other similar network activity, such as Usage Data
Vendors and third parties who perform services on our behalf
(such as Internet service providers, payment processors, fulfillment
partners, customer support partners and data analytics providers)
Business and marketing partners
Affiliates
We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
User Generated Content
The Services may enable you to post product reviews and other
user-generated content. If you choose to submit user generated content
to any public area of the Services, this content will be public and
accessible by anyone.
We do not control who will have access to the information that you
choose to make available to others, and cannot ensure that parties who
have access to such information will respect your privacy or keep it
secure. We are not responsible for the privacy or security of any
information that you make publicly available, or for the accuracy, use
or misuse of any information that you disclose or receive from third
parties.
Third Party Websites and Links
Our Site may provide links to websites or other online platforms
operated by third parties. If you follow links to sites not affiliated
or controlled by us, you should review their privacy and security
policies and other terms and conditions. We do not guarantee and are not
responsible for the privacy or security of such sites, including the
accuracy, completeness, or reliability of information found on these
sites. Information you provide on public or semi-public venues,
including information you share on third-party social networking
platforms may also be viewable by other users of the Services and/or
users of those third-party platforms without limitation as to its use by
us or by a third party. Our inclusion of such links does not, by
itself, imply any endorsement of the content on such platforms or of
their owners or operators, except as disclosed on the Services.
Children’s Data
The Services are not intended to be used by children, and we do not
knowingly collect any personal information about children. If you are
the parent or guardian of a child who has provided us with their
personal information, you may contact us using the contact details set
out below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have
actual knowledge that we “share” or “sell” (as those terms are defined
in applicable law) personal information of individuals under 16 years of
age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or
impenetrable, and we cannot guarantee “perfect security.” In addition,
any information you send to us may not be secure while in transit. We
recommend that you do not use unsecure channels to communicate sensitive
or confidential information to us.
How long we retain your personal information depends on different
factors, such as whether we need the information to maintain your
account, to provide the Services, comply with legal obligations, resolve
disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights
listed below in relation to your personal information. However, these
rights are not absolute, may apply only in certain circumstances and, in
certain cases, we may decline your request as permitted by law.
Right to Access / Know. You may have a right to
request access to personal information that we hold about you, including
details relating to the ways in which we use and share your
information.
Right to Delete. You may have a right to request that we delete personal information we maintain about you.
Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability. You may have a right to
receive a copy of the personal information we hold about you and to
request that we transfer it to a third party, in certain circumstances
and with certain exceptions.
Right to Opt out of Sale or Sharing or Targeted Advertising.
You may have a right to direct us not to "sell" or "share" your
personal information or to opt out of the processing of your personal
information for purposes considered to be "targeted advertising", as
defined in applicable privacy laws. Please note that if you visit our
Site with the Global Privacy Control opt-out preference signal enabled,
depending on where you are, we will automatically treat this as a
request to opt-out of the "sale" or "sharing" of information for the
device and browser that you use to visit the Site.
Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information.
You may have a right to direct us to limit our use and/or disclosure of
sensitive personal information to only what is necessary to perform the
Services or provide the goods reasonably expected by an average
individual.
Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
Appeal: You may have a right to appeal our
decision if we decline to process your request. You can do so by
replying directly to our denial.
Managing Communication Preferences: We may send
you promotional emails, and you may opt out of receiving these at any
time by using the unsubscribe option displayed in our emails to you. If
you opt out, we may still send you non-promotional emails, such as those
about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these
rights. We may need to collect information from you to verify your
identity, such as your email address or account information, before
providing a substantive response to the request. In accordance with
applicable laws, You may designate an authorized agent to make requests
on your behalf to exercise your rights. Before accepting such a request
from an agent, we will require that the agent provide proof you have
authorized them to act on your behalf, and we may need you to verify
your identity directly with us. We will respond to your request in a
timely manner as required under applicable law.
We
use Shopify's ad services such as Shopify Audiences to help personalize
the advertising you see on third party websites. To restrict Shopify
merchants that use these ad services from using your personal
information for such services, visit https://privacy.shopify.com/en.
Complaints
If you have complaints about how we process your personal
information, please contact us using the contact details provided below.
If you are not satisfied with our response to your complaint, depending
on where you live you may have the right to appeal our decision by
contacting us using the contact details set out below, or lodge your
complaint with your local data protection authority.
International Users
Please note that we may transfer, store and process your personal
information outside the country you live in, including the United
States. Your personal information is also processed by staff and third
party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely
on recognized transfer mechanisms like the European Commission's
Standard Contractual Clauses, or any equivalent contracts issued by the
relevant competent authority of the UK, as relevant, unless the data
transfer is to a country that has been determined to provide an adequate
level of protection.
Contact
Should you have any questions about our privacy practices or this
Privacy Policy, or if you would like to exercise any of the rights
available to you, please email us at emeralddesignbar@gmail.com or
contact us at Emerald Design Bar, LLC, 7580 Northwest 5th Street,
#16718, Plantation FL 33318, United States.