Last Updated November 19, 2015.
2. Collection of Personal Information
2.1 We may collect the following information, which may include information that personally identifies you, such as names, postal addresses, email addresses, billing information, etc., (“Personal Information”):
(a) Information you provide to us by filling in forms or which you upload on the Site. When you place an order on the Site, certain information must be provided which may include your first and last name, a valid email address, phone number, billing address, shipping address, and credit or debit card information. We will use this information to fulfill the order you place and to communicate with you about such order.
(b) If you contact us or if we contact you, we may keep a record of that correspondence or details of any conversation we may have with you. Calls may be recorded.
(c) We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
(d) Details of your visits to the Site and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access in accordance with Section 7 below. Although this information is generally non-identifying, where it can be used to identify you we treat it subject to the same safeguards that we apply to Personal Information.
2.2 You are free to browse any of our public-facing Site without submitting Personal Information.
2.3 However, you will have to submit certain Personal Information should you:
(a) Place an order to purchase products on the Site;
(b) Sign up to our newsletter; or
(c) Contact us for stock alerts, etc.
2.4 We do not knowingly collect, maintain, or use Personal Information from our Site about children under the age of thirteen (13). Persons under the age of thirteen (13) should not use our Site without supervision from a responsible adult. We will never request Personal Information from a child under the age of thirteen (13) without fully complying with the Children’s Online Privacy and Protection Act (COPPA) and any other applicable legislation, nor without requesting verifiable parental consent. If we are made aware that a child under the age of thirteen (13) has sent Personal Information to us without prior parental consent, we will remove her or his Personal Information from our files.
3. Use of Personal Information
3.2 We use your information to:
(a) fulfill the orders you place on the Site or notify you of orders not completed;
(b) answer any customer service inquiries or requests that you may have;
(c) contact you about special offers, Fleabags news, changes to our products and new products;
(d) understand the shopping habits of our customers to better serve them in the future; and/or
(e) ensure that content from our site is presented in the most effective manner for you and your device.
3.3 Fleabags reserves the right to use your information for marketing our own and selected third parties' products and services to you by post, email, SMS, phone and fax and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing.
3.4 We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us, as set out below.
4. Third Party Disclosures
4.1 We may need to disclose your Personal Information to companies who work on behalf of Fleabags in order to provide a product or service to you, or to fulfill an order.
4.2 We may permit selected third parties and agents to use your Personal Information, only for the purposes set out above. Such third parties will be subject to obligations to process such information in compliance with the same safeguards that we deploy. Specific examples of possible third party use of your Personal Information are set out below. All such disclosures will only be made in accordance with applicable laws.
4.3 We may disclose your Personal Information to third parties, and you consent to the same if (i) we are required to do so by law or legal process, including a validly issued subpoena, warrant or court order; (ii) we are required to do so by law enforcement authorities or other government officials; (iii) we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with, our rights or property or right or property of our users or others, or in connection with an investigation of suspected or actual illegal activity; (iv) we reasonably believe that you have used the Site or information obtained from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of the public; and/or (v) we in good faith believe the law requires such disclosure.
4.4 In the event that the Fleabags (or a part thereof) (i) is subject to negotiations for the sale or business combination of it or its business, (ii) is sold to a third party, (iii) undergoes a re-organization, or (iv) proceeds through any insolvency or bankruptcy proceedings, you agree that any of your Personal Information which it holds may be disclosed to the applicable third party (or its advisors) as part of any due diligence process or for the purpose of analyzing any proposed sale or re-organization or transferred to the applicable re-organized entity or third party and used for the same or similar purposes. Such disclosure of Personal Information will be limited to what is necessary to achieve the goal of the business transaction, and we will enter into a non-disclosure agreement with the other party(ies) in order to protect the confidentiality of all Personal Information if the business transaction is not concluded.
4.5 Fleabags will not sell, trade, or rent your information to anyone.
5. For residents of California (as provided by California Civil Code Section 1798.83)
5.1 Under California law, California residents who have an established business relationship with Fleabags may make a written request to Fleabags about whether Fleabags has disclosed any Personal Information to any third parties for the third parties’ direct marketing purposes during the prior calendar year.
5.3 Additionally, Fleabags provides a cost-free means to opt-out of such sharing. If you do not want Fleabags to disclose information to other companies for their marketing purposes after you have already affirmatively agreed to the disclosure, you may also send an email to email@example.com instructing us to no longer share your Personal Information with third parties who will use it for direct marketing purposes. Please also include your name and all of the postal addresses and emails addresses that you have provided to us.
6. Transmission, storage and security of your Personal Information
6.1 No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information in accordance with applicable data protection legislative requirements. We also limit access to Personal Information by our own employees and contractors to those individuals who are authorized for the proper handling of such information.
6.2 We want you to have an enjoyable and secure shopping experience on our Site. As such, protecting any billing information you submit is important to us. We use payment providers that are PCI compliant.
6.3 If you want to double-check for security, when placing your order, you will notice that the “http” in the web address will be replaced by “https”. Secure pages slow down websites so you will only see this on checkout pages.
6.4 We will retain your Personal Information for as long as is necessary for the processing purpose for which they were collected. Certain details and correspondence may be retained until the time limit for any legal challenges to the supply of the services has expired or in order to comply with regulatory requirements regarding the retention of such data. Data may also be retained for or included in analysis carried out by us with respect to our business.
9. Your Rights and Contacting Us
9.2 You have the right to access, update and correct inaccuracies in your Personal Information in our custody and control, subject to certain exceptions or restrictions prescribed by law. This includes: (i) asking us to correct or update any such Personal Information; or (ii) requesting that such Personal Information be unsubscribed from an e-mail or other electronic marketing database.
9.3 To access, update or correct any inaccuracies in your Personal Information you may contact us at firstname.lastname@example.org. In addition, each time we send you an e-mail or any other type of electronic marketing message, you will be given the option to unsubscribe by simply clicking the unsubscribe link. We may, however, continue to contact you via e-email for administrative or information purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any promotions or contests you have already participated in or have already entered, goods and/or services you have ordered, or other transactions you have undertaken with us.
250 44th St., Suite 216
Brooklyn, NY 11232