Privacy Policy
This privacy policy sets out information how we, EM Pretty, LLC, collect, store and use information about you when you use or interact with our website, EMPretty.com (hereinafter referred to as “website”), and where we otherwise obtain or collect information about you. This privacy policy is effective from July 1, 2019.
SUMMARY
This section explains how EM Pretty obtains, stores and uses information about you. It is intended to provide a very general overview. It is not complete in and of itself, and it must be read in its entirety. The data controller for this website is EM Pretty, LLC.
HOW WE COLLECT OR OBTAIN INFORMATION ABOUT YOU
-When it is provided to us by you (for example, by entering a contest or promotion, contacting us, placing an order on our website, sign up for email notifications, create an account, etc.)
- From your use of our website, using cookies and similar technologies, and occasionally, from third parties.
INFORMATION WE COLLECT
Name, contact details, payment information (such as credit card or debit card information, IP addresses, information from cookies, information about your computer or device, including device and browser type), information about how you use our website, which pages you have visited, the time when you viewed them and what you clicked on, the geographical location from which you accessed our website (based on your IP address), and information about your internet connection.
HOW WE USE YOUR INFORMATION
For administrative and business purposes (particularly to contact you and process orders you have placed on our website), to improve our business and website, to fulfill customer service needs, meet contractual obligations, to advertise our goods and services, to analyze your use of our website, and to fulfill rights and obligations as stated.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
Only to the extent necessary to run our business, to our service providers, and to fulfill any contracts we enter with you, and where required by law or to enforce our legal rights.
DO WE SELL YOUR INFORMATION TO THIRD PARTIES (OTHER THAN IN THE COURSE OF A BUSINESS SALE OR PURCHASE OR SIMILAR EVENT? No.
HOW LONG WE RETAIN YOUR INFORMATION
For no longer than necessary, taking into account any legal obligations we have for using your information (for example, your consent, performance of a contract with you or our legitimate interests as a business). For specific retention periods in relation to certain information we collect from you, please see the section below entitled “How long we retain your information”.
HOW WE SECURE YOUR INFORMATION
Using appropriate technical and organizational measures such as storing your information on secure servers, encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology, encrypting payments you make on or via our website using Secure Sockets Layer (SSL) technology, only granting access to your information where necessary any by trusted individuals that have been trained and breifed on trusted handling of personal information.
USE OF COOKIES AND SIMILAR TECHNOLOGIES
We use cookies and similar information gathering technologies such as web beacons on our website including essential, functional analytical and advertising cookies. For more information, please refer to the EM Pretty Cookies Policy.
TRANSFER OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA
We are a company based in the United States. In certain circumstances, we transfer your information outside of the European Economic Area, including to the following countries: The United States of America, Canada, Ireland, The United Kingdom. When we do so, we will ensure appropriate safeguards are in place, including the third parties we use who transfer your information outside of the European Economic Area have self-certified themselves as compliant with the EU-US Privacy Shield.
USE OF AUTOMATED DECISION MAKING AND PROFILING
We use automated decision making and/or profiling. We do this in order to protect our business from harm or fraud during the checkout process. Your information rights include access to your information and to receive information about its use, the right to have your information corrected and/or completed, the right to have your information deleted, the right to restrict the use of your information, the right to receive information in a portable format, the right to object to the use of your information, the right to withdraw your consent to the use of your information, and the right to complain to a supervisory authority.
SENSITIVE PERSONAL INFORMATION
We do not collect sensitive personal information on you.
OUR DETAILS
The data controller for our website is EM Pretty, LLC of 6 Fountain Plaza, Buffalo, NY 14202. You can contact the data controller by writing to EM Pretty, LLC, C/O Data Controller, 6 Fountain Plaza, Buffalo, NY 14202, or by emailing to EM@EmPretty.com. If you have any questions about this Privacy Policy, please contact the data controller.
INFORMATION WE COLLECT WHEN YOU VISIT OUR WEBSITE
We collect and use information from website visitors in accordance with this section and the section entitled DISCLOSURE AND ADDITIONAL USES OF YOUR INFORMATION.
WEB SERVER LOG INFORMATION
We use a third party server to host our website. Our server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website (for example, the website or URL (link) which referred you to our website), and your browser version and operating system.
Our website servers are located in the United States of America, and accordingly, your information is transferred outside of the European Economic Area (EEA). For further information and information on the safeguards used, please see the section of this privacy policy entitled TRANFERS OF YOUR INFORMATION OUTSIDE OF THE EUROPEAN ECONOMIC AREA.
USE OF WEBSITE SERVER LOG INFORMATION FOR IT SECURITY PURPOSES
Our third party hosting provider collect(s) and store(s) server logs to ensure network and IT security, so that the server and website remain uncompromised. This included analysis log files to help identify and prevent unauthorized access to our network, the distribution of malicious code, denial of service attacks and other cyber attacks, by detecting unusual or suspicious activity.
Unless we are investigating suspicious or potential criminal activity, we do not make, nor do we allow our hosting provider to make any attempt to identify you from the information collected via server logs.
Legal basis for processing: Compliance with a legal obligation to which we are subject (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation: We have a legal obligation to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of our processing of information about individuals. Recording access to our website using server log files is such a measure.
Legal basis for processing: Our and a third party’s legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: We and our third party hosting provider have a legitimate interest in using your information for the purpose of ensuring network and information security.
COOKIES AND SIMILAR TECHNOLOGIES
Cookies are data files which are sent from a website to a browser to record information about users for various purposes. We use cookies and similar technologies on our website, including essential, functional, analytical and advertising cookies and web beacons. For further information on how we use cookies, please see our cookies policy contained herein. You can reject some or all cookies we use on or via our website by changing your browser settings or non-essential cookies by using our cookie control tool, but doing so may impair your ability to use our website or some or all of its features. For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org or see our cookies policy.
INFORMATION WE COLLECT WHEN YOU CONTACT US
We collect and use information from individuals who contact us in accordance with this section and the section entitled DISCLOSURE AND ADDITIONAL USE OF YOUR INFORMATION.
EMAIL AND CONTACT FORM
When you send an email to the email address displayed on our website, we collect your email address and any other information you provide in that email (such as your name, telephone number, and the information contained in any signature block in your email).
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate Interest(s): Responding to inquiries and messages we receive and keeping records of correspondence.
Legitimate basis for processing: Necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: Where your message relates to us, providing you with goods or services, or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so.
TRANSFER AND STORAGE OF YOUR INFORMATION
We use a third party email provider/customer service management tool to store emails and messages you send us. Our third party email provider is located in the United States. Emails you send us will be stored outside the European Economic Area on our third party email provider’s server in the United States and other locations based on their sub-processors. For further information please see the section of this Privacy Policy entitled TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA.
INFORMATION WE COLLECT WHEN YOU INTERACT WITH OUR WEBSITE
We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled DISCLOSURE AND ADDITIONAL USES OF YOUR INFORMATION.
E-NEWSLETTER
When you sign up for our e-newsletter on our website or opt to receive news, offers, updates on out-of-stock items from us by entering your name and email address and clicking subscribe or ticking a box at checkout indicating that you would like to receive our e-newsletter, we collect your email address, information about your browser, information about the page you signed up on, and any other additional information you may provide to us.
Legal basis for processing: Your consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: You give your consent to us sending you our e-newsletter by signing up to receive it using the steps described above.
TRANSFER AND STORAGE OF YOUR INFORMATION
We use a third party service to send out our e-newsletter and administer our mailing list. Information you submit to subscribe for our e-newsletter will be stored outside the European Economic Area on our third party mailing provider’s server in the United States. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this Privacy Policy below entitled TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA.
USE OF WEB BEACONS AND SIMILAR TECHNOLOGIES IN EMAILS
We use technologies such as web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve. We will only use web beacons in our emails if you have consented to us doing so. For more information on how we use web beacons in our e-newsletter emails, see our cookies policy which is contained herein.
REGISTERING ON OUR WEBSITE
When you register and create an account on our website, we collect the following information: Email address, IP address, and any other information you provide to us when you complete the registration form. If you do not provide the mandatory information required by the registration form, you will not be able to register or create an account on our website.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: Registering and administering accounts on our website to provide access to content, secure access to order history and status for customers and to facilitate the running and operation of our business.
TRANSFER AND STORAGE OF YOUR INFORMATION
Information you submit to us via the registration form on our website will be stored outside the European Economic Area on our third party’s hosting providers servers in the United States. Our third party hosting provider has servers located throughout North America and where its sub-processors may be located.
For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this Privacy Policy below entitled TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA.
INFORMATION WE COLLECT WHEN YOU PLACE AN ORDER ON OUR WEBSITE
We collect and use information from individuals who place an order on our website in accordance with this section and the section entitled DISCLOSURES AND ADDITIONAL USES OF YOUR INFORMATION.
Mandatory information: When you place an order for goods or services on our website, we collect your name, email address, billing address, shipping address, and company name (if applicable), billing name, and information about your browser. If you do not provide this information, you will not be able to purchase goods or services from us on our website or enter into a contract with us.
Legal basis for processing: Necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: We need the mandatory information collected by our checkout form to establish who the contract is with and to contact you to fulfill our obligations under the contract, including sending you receipts and order confirmations.
Legal obligation: We have a legal obligation to issue you with an invoice for the goods and services you purchase from us and we require the mandatory information collected by our checkout form for this purpose. We also have a legal obligation to keep accounting records, including records of transactions.
Optional information: We also collect optional information from you, such as your phone number or information about how your experience was in the form of a survey. We also ask if you would like to receive marketing communications from us. For further information, see MARKETING COMMUNICATIONS in the section below. If you do not supply the optional information requested at checkout, such as phone number, we will not be able to contact you by phone or SMS.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: Finding out how a customer’s experience was to improve your business’ website or to be able to contact the customer by phone (when necessary) in relation to their order.
AND
Legal basis for processing: Your consent (Article 6(1)(a) of the General Data Protection Regulation.
Legitimate interests: You consent to us processing any optional information you provide by submitting that information to us.
PROCESSING YOUR PAYMENT
After you place an order on our website you will need to make payment for the goods or services you have ordered. In order to process your payment, we use a third party payment processor and a fraud gateway to ensure that your order is not fraudulent. Our third party payment processor collects, uses and processes your information, including payment information, in accordance with their privacy policy.
Transfer and storage of your information: Information relating to the processing of your payment is stored outside the European Economic Area on our third party payment processor’s servers in Canada and the United States. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this Privacy Policy below entitled TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA.
Legal basis for processing: Necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: To fulfill your contractual obligation to pay for the goods or services you have ordered from us.
MARKETING COMMUNICATIONS
At checkout and upon first arriving to the site you will have the option of receiving marketing communications from us.
Our similar goods and services: You can opt out from receiving marketing communications in relation to our goods, and which are similar to those which you purchase from us, by ticking a box to opt out or clicking “unsubscribe” in any email from us. We will send you marketing communications in relation to similar goods and services if you do not opt out from receiving them.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: Direct marketing and advertising our products and services.
Transfer and storage of your information: We use a third party service to administer our mailing list. Information you submit to subscribe for our e-newsletter will be stored outside the European Economic Area on our third party mailing list provider’s servers in the United States. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA.
Use of web beacons (and similar technologies) in emails: We use technologies such as web beacons (small graphic files in emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve. We will only use web beacons in our emails if you have consented to us doing so.
For more information on how we use web beacons in our emails, see our Cookies Policy contained herein.
For more information about our third party mailing list provider and their use of web beacons, please see their privacy policy stated on their website.
Our goods and services: You can opt in to receiving marketing communication from us, in relation to our goods and services, by ticking a box indicating you would like to receive such communication during checkout or at any time while browsing the site by entering your email address into our newsletter sign-up form. We will send you marketing communication in relation to our goods and services only if you opt in to receive them.
Legal basis for processing: Consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: You give your consent to us sending you information about our goods and services by signing up to receive such information in accordance with steps described above.
INFORMATION COLLECTED OR OBTAINED FROM THIRD PARTIES
This section sets out how we obtain or collect information about you from third parties.
Information received from third parties: Generally, we do not receive information about you from third parties. The third parties from which we receive information from about you will generally include partner companies who we are doing a joint promotion with. It is also possible that third parties with whom we have had no prior contact may provide us with information about you. Information we obtain from third parties will generally be your name and contact details, but may include any additional information about you which they provide to us.
Legal basis for processing: Necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: Where a third party has passed on information about you to us (such as your name and address), in order for us to provide services to you, we will process your information in order to take steps at your request to enter into a contract with you and perform a contract with you (as the case may be).
Legal basis for processing: Consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: Where you have asked that a third party to share information about you with us and the purpose of sharing that information is not related to the performance of a contract or service by us to you, we will process your information on the basis of your consent, which you give by asking the third party in question to pass on your information to us.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: Where a third party has shared information about you with us and you have not consented to the sharing of that information, we will have a legitimate interest in processing that information in certain circumstances. For example, we would have a legitimate interest in processing your information to perform our obligations under a sub-contract with a third party, where the third party has the main contract with you. Our legitimate interest is the performance of our obligations under our sub-contract. Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we have a legitimate interest in processing that information to investigate and pursue any such potential infringement.
WHERE WE RECEIVE INFORMATION ABOUT YOU IN ERROR
If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete that information.
OUR USE OF AUTOMATED DECISION-MAKING AND PROFILING
We use automated decision making and profiling on our website. We do not consider that this has any legal effect on you or similarly significantly affects you. You have the right to object to our use of automated decision making and profiling described in this section. You can do that by opting out of cookies and similar technologies in accordance with the method described in the relevant section below. If you do not want us to process your actual IP address (usually the IP address assigned to you by your Internet Service Provider) when you visit our website, you can use a Virtual Private Network (VPN) or a free service such as Tor. You can find out more about our use of cookies and similar technologies (including the legal basis on which we use them) and how to opt out of them in our cookies policy, which is described herein.
AUTOMATED DECISION MAKING
Automated decision making is decision making by technical means (i.e. a machine) without human involvement.
Use of automated decision making for display advertising: We automate the display advertisements containing our products and services on other websites you visit, based on the fact you have visited our website using cookies. For further information on the cookies we use, please see our cookies policy contained herein.
Logic involved: Automatically displaying advertisements to individuals who have visited our website results in increased efficiencies and cost savings for us rather than manually displaying advertisements or displaying advertisements by different means.
Significance and envisaged consequences: Cookies will be used to recognize the fact that you have visited our website in order to display advertisements to you (unless you have blocked such cookies) and will collect information about your online behavior.
How to object: You can block these cookies by using the cookies control management tool or by opting out of seeing personalized ads. For further instructions, go to https://support.google.com/ads/answer/2662922?hl=enGB. Please also refer to our Cookies Policy contained herein.
PROFILING
Profiling is any form of automated processing of your information to evaluate personal aspects about you, in order to analyze or predict things like your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Use of profiling for web analytics: Our web analytics services collect information such as your location (based on your IP address) and your behavior (based on cookies) when you access our website (such as the pages you visit and what you click on) and how much you are spending on our site. We will only process information from cookies if you have consented to us setting cookies on your computer in accordance with our cookies policy. Information about you, once collected, is anonymized and stored on an aggregate basis. IP addresses are anonymized at the point of collection on our site.
Logic involved: By automatically analyzing and categorizing information such as the location (based on IP address) as well as the behavior and devices of visitors to our website (using cookies), we are able to gain a better understanding of what our website visitors want (in terms of the content of our website and our products), how to improve our website and how to advertise and market our services to them.
Significance and envisaged consequences: Cookies will be used to track and store information about your behavior and device on our website (unless you opted out from receiving such cookies by using our cookie control tool) and your location will be analyzed based on your IP address. We may target advertisements or content on our site based on the level of interest we receive from certain visitors and their behavior on our website.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation) and the basis upon you give us consent to use this by opting into cookie tracking.
Legitimate Interest: Improving our website for our website users and getting to know our website users’ preferences, so our website can better meet their needs and desires. Also, to provide advertisements to you which seem most relevant to the visitor.
Use of profiling in marketing emails:
We use web beacons in our marketing emails to analyze who opens our emails and what actions they take (for example what they click on). We will only process information from web beacons if you have consented to their use in accordance with our cookies policy (refer to the Cookies Policy contained herein).
Logic involved: By analyzing how our email recipients respond to our emails, we are able to improve the content and effectiveness of our emails and gauge who is most interested.
Significance and envisaged consequences: Your behavior when you open our emails will be tracked using small gif files (web beacons), including open rates, click through rates, and what items you clicked on in an email.
How to object: You may object to this by contacting us at Em@EMPretty.com, or you may opt out by using a cookies control tool.
Legal basis for processing: Legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate Interest: Analyzing the level of engagement and effectiveness of our marketing emails and content.
DISCLOSURE AND ADDITIONAL USES OF YOUR INFORMATION
This section sets out the circumstances in which we will disclose information about you to third parties and any additional purposes for which we use your information.
DISCLOSURE OF YOUR INFORMATION TO SERVICE PROVIDERS
We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business and who process your information for us on our behalf. These include the following:
-Email provider(s)
-Customer Service System Provider
-IT service provider(s)
-Hosting provider (s)
Our third party service providers are located in the United States and Canada. Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us. We do not display all the identities of all our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, please contact us by email at Em@EMPretty.com, and we will provide you with such information provided you have a legitimate reason for requesting it (where we have shared your information with such service providers, for example).
Legal basis for processing: Legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest relied on: Where we share your information with these third parties in a context other than where is necessary to perform a contract (or take steps at your request to do so), we will share your information with such third parties in order to allow us to run and manage our business efficiently.
Legal basis for processing: Necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: We may need to share information with our service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.
DISCLOSURE OF YOUR INFORMATION TO OTHER THIRD PARTIES
We disclose your information to other third parties in specific circumstances set out below.
Providing information to third parties such as Google Inc: Google collects information through our use of Google Analytics on our website. Google uses this information, including IP addresses and information from cookies, for a number of purposes, such as improving its Google Analytics Service. Information is shared with Google on an aggregated and anonymized basis. To find out more about what information Google collects, how it uses this information, and how to control the information sent to Google, please see the following page: https://www.google.com/policies /privacy/partners/.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): Meeting our contractual obligations to Google under our Google Analytics Terms of Service (https://www.google.com/analytics/terms/us.html).
You can opt out of Google Analytics by installing the browser plugin here: https://tools.google.com/dlpage/gaoptout
Transfer and storage of your information: Information collected by Google Analytics is stored outside the European Economic Area on Google’s servers in the Unites States of America. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this Privacy Policy below entitled TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA.
Sharing your information within our business’ group of companies for internal administrative purposes, including client, customer and employee information:
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate Interest: Running and managing our business effectively.
AND
Legal basis for processing: Necessary to perform a contract (or to take steps at your request prior to entering into a contract), (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: We need to share your information with other companies in order to be able to m eet our contractual obligations to you or take steps at your request prior to entering a contract, for example because of the services or information you have requested.
Sharing your information with a prospective or actual purchaser or seller in the context of a business or asset sale or acquisition by us, a merger or similar business combination event, whether actual or potential:
Legal basis for processing: Legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: Sharing your information with a prospective purchaser, seller or similar person in order to allow such a transaction to take place.
DISCLOSURE AND USE OF YOUR INFORMATION
Indicating possible criminal acts or threats to public security to a competent authority: If we suspect that criminal or potential criminal conduct has occurred, we will in certain circumstances need to contact an appropriate authority such as the police. This could be the case, for instance, if we suspect that a fraud or a cyber crime has been committed or if we receive threats or malicious communications toward us or third parties. We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: Preventing crime or suspected criminal activity (such as fraud).
In connection with the enforcement or potential enforcement of legal rights:
We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obligated to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: Enforcing our legal rights and taking steps to enforce our legal rights.
In connection with a legal or potential legal dispute or proceedings: We may need to use your information if we are involved in a dispute with you or a third party, for example, either to resolve the dispute as part of mediation, arbitration or court resolution or similar process.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): Resolving disputes and potential disputes.
For ongoing compliance with laws, regulations and other legal requirements: We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one.
Legal basis for processing: Compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation(s): Legal obligations to disclose information which are part of the laws of the United States of America.
Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate Interest: Where the legal obligations are part of the laws of another country and have not been integrated into the United States legal framework, we have a legitimate interest in complying with these obligations.
HOW LONG WE RETAIN YOUR INFORMATION
This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.
RETENTION PERIODS
Order information: When you place an order for goods and services, we retain that information indefinitely or until you request that we delete unless this conflicts with our compliance of a legal responsibility.
Correspondence and inquiries: When you make an inquiry or correspond with us for any reason, whether by email or via our contact form, we will retain your information for as long as it takes to respond and resolve your inquiry and indefinitely afterward unless it is requested to be deleted AND it does not interfere with our compliance with laws and our legitimate business interest.
E-Newsletter: We retain the information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.
CRITERIA FOR DETERMINING RETENTION PERIODS
In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:
-The purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to perform our obligations under a contract with you or to contact you in the future).
-Whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation).
-Whether we have any legal basis to continue to process your information (such as your consent).
-How valuable your information is (both now and in the future).
-Any relevant agreed industry practices on how long information should be retained.
-The level of risk, cost and liability involved with us continuing to hold the information.
-How hard it is to ensure that the information can be kept up to date and accurate.
-Any relevant surrounding circumstances (such as the nature and status of our relationship with you).
HOW WE SECURE YOUR INFORMATION
We take appropriate technical and organizational measures to secure your information and to protect it against unauthorized or unlawful use and accidental loss or destruction, including:
-Only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymized basis wherever possible.
-Using secure servers to store your information.
-Verifying the identity of any individual who requests access to information prior to granting them access to information.
-Using Secure Sockets Layer (SSL) software to encrypt any information you submit to us via any forms on our website and any payment transactions you make on or via our website.
-Only transferring your information via closed system or encrypted data transfers.
TRANSFERS OF INFORMATION TO US BY EMAIL
Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via the website, or by any other means), you do so entirely at your own risk. We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damages suffered by you as a result of your decision to transmit information to us by such means.
TRANSFERS OF YOUR INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA
We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries where we and our data processors process data may have laws which are different, and potentially not as protective as the laws of your own country.
Your information will be transferred and stored outside the European Economic Area (EEA) in the circumstances set out below. We will also transfer your information outside the EEA or to an international organization in order to comply with legal obligations to which we are subject (compliance with a court order, for example). Where we are required to do so, we will ensure appropriate safeguards and protections are in place.
Server log information: Information: collected when you visit our website is transferred outside of the EEA and stored on the servers of our third party hosting company.
Country of Storage: Canada and the United States.
Safeguard(s) used: Our third party hosting provider has self-certified its compliance with the EU-US Privacy Shield.
Contact form and email: Information you submit to us via our contact form is transferred outside the EEA and stored on our third party email and customer service systems.
Country of storage: United States. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Our third party email provider has self-certified its compliance with the EU-US Privacy Shield.
E-Newsletter: Information you submit to us when you sign up for our e-newsletter is transferred outside the EEA and stored on our third party mailing list providers’ servers.
Country of storage: The United States. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Our third party mailing list provider has self-certified its compliance with the EU-US Privacy Shield.
Google Analytics: Information collected by Google Analytics (your IP address and actions you take in relation to our website) is transferred outside the EEA and stored on Google’s servers. You can access Google’s privacy policy here: https://www.google.com/policies/privacy/
Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Google has self-certified its compliance with the EU-US Privacy Shield which is available here: https://privacyshield.gov/welcome. The EU-US Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-US Privacy Shield here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm
PAYMENT PROCESSOR
Information you submit to us by our third party payment processor, is transferred outside the EEA and stored on their servers.
Country of storage: The United States and Canada. These countries are not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Our payment processor has self-certified its compliance with the EU-US Privacy Shield.
YOUR RIGHTS IN RELATION TO YOUR INFORMATION
Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by sending an email to em@empretty.com.
-To request access to your information and information related to our use and processing of your information.
-To request the correction or deletion of your information.
-To request that we restrict our use of your information.
-To receive information which you have provided to us in a structured, commonly used and machine-readable format (for example, a CSV file), and the right to have that information transferred to another data controller (including a third party data controller).
-To object to the processing of your information for certain purposes (for further information, see the section below entitled YOUR RIGHT TO OBJECT TO THE PROCESSING OF YOUR INFORMATION FOR CERTAIN PURPOSES.
-To withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.
In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.
Further information on your rights in relation to your personal data as an individual:
The above rights are provided in a summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to this information, including any limitations which may apply, please visit the following pages on the ICO’s website:
https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/
You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation which is available here : http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf
Verifying your identity where you request access to your information:
Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so. These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorized access to your information.
How we verify your identity: Where we possess appropriate information about you on file, we will attempt to verify your identity using that information. If it is not possible to identify you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information. We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.
YOUR RIGHT TO OBJECT TO PROCESSING OF YOUR INFORMATION FOR CERTAIN PURPOSES
You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to EM Pretty, 6 Fountain Plaza, Buffalo, NY 14202, or by emailing to EMEMPretty.com.
-To object to us using or processing your information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including profiling (for example, analyzing or predicting your behavior based on your information) based on any of these purposes; and
-To object to us using or processing your information for direct marketing purposes (including any profiling we engage in that is related to such direct marketing).
You may also exercise your right to object to us using or processing your information for direct marketing purposes by:
-Clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link.
For more information on how to object to our use of information collected from cookies and similar technologies, please see the section entitled HOW TO ACCEPT OR REJECT COOKIES in our Cookies Policy, which is contained herein.
SENSITIVE PERSONAL INFORMATION
“Sensitive personal information” is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation. We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us. If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.
CHANGES TO OUR PRIVACY POLICY
We update and amend our Privacy Policy as deemed necessary.
Minor changes to our Privacy Policy: Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.
Major changes to our Privacy Policy or for the purposes for which we process your information: Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purpose for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website. We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose. Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purpose for which we originally collected it.
CHILDREN’S PRIVACY
EM Pretty, LLC, cares about the safety and privacy of children online. We comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. This website is not intended to solicit information of any kind from persons under the age of 18. It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information, or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information of persons under the age of 18, please do so by sending an email to EM@EMPretty.com.
CALIFORNIA DO NOT TRACK DISCLOSURES
“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a “Do Not Track” signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org. For information on how to opt out from tracking technologies used on our website, see our Cookies Policy contained herein.
COPYRIGHT, CREDIT, AND LOGO
This Privacy Policy is based on the General Data Protection Regulation (Regulation (EU) 2016/769)(GDPR) compliant template provided by GDPR Privacy Policy. For further information, please visit https://gdprprivacypolicy.org.
The copyright in this Privacy Policy is either owned by, or licensed to us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.
Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.