Effective Date: May 14, 2021
Acceptance Of These Terms
By using the Site, you signify your acceptance of this Policy and any changes to it. If you do not agree to this Policy, please do not use the Site. Your continued use of the Site following the posting of changes to this Policy will be deemed your acceptance of those changes.
Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you use our websites, shop in our online stores, call us on the phone, create an online account, sign up to receive our emails, request a catalog, participate in a sweepstakes, contest, promotion or survey, communicate with us via third party social media sites, request customer support, apply for a job or otherwise communicate with us. The types of information we may collect include your name, email address, zip code, billing address, shipping address, phone number, payment card information, product preferences, demographic information and any other information you choose to provide (“Personal Information”). In some cases, we may also collect information you provide about others, such as when you purchase a gift card for someone and request that we deliver it electronically, create and share a “wish list” or decide to purchase and ship products to someone. We will use this information to fulfill your requests and may also use that information to send marketing communications to your contact, unless he or she has previously opted out of marketing communications from Shani Darden.
Retention and Transfer of Personal Information. We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about our products and services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements. We will delete this information from the servers at an earlier date if you so request by unsubscribing, opting-out, or emailing us at firstname.lastname@example.org. Personal Information may be transferred and stored to secure servers in the United States.
We may use information about you for various purposes, including to: (i) facilitate and improve your online shopping experience; (ii) provide the products and services you request, process transactions and send you related information, including confirmations and receipts; (iii) respond to your comments, questions and requests and provide customer service; (iv) communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you; (v) manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages; (vi) personalize your online experience and provide advertisements, content or features that match your profile and interests; (vii) monitor and analyze trends, usage and activities; (viii) process and deliver contest, promotion and sweepstakes entries and rewards; (ix) link or combine with information we get from others to help understand your needs and provide you with better service; and (x) carry out any other purpose for which the information was collected.
We may share information about you as follows: (i) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf; (ii) with our business partners and other third parties for purposes of sending their own direct mail; (iii) in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation; (iv) if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of us or any third party; (v) in connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company; or (vi) with your consent or at your direction. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Your Information Choices and Control
Shani Darden respects your need to access and control your Personal Information, so we give you certain choices that you may exercise, including:
- You may correct, update, and delete your account.
- You may change your choices for subscriptions, newsletters, and alerts.
- You may choose whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you.
- You may choose whether we share your personal information with other companies, so they can send you offers and promotions about their products and services.
- You may request access to the Personal Information we hold about you and that we amend or delete it. Please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.
You can exercise these controls and choose to opt in or out of services and communications by visiting your account preferences, contacting our Customer Service at email@example.com, or following the instructions directly provided in the communications we send you.
Advertising and Analytics
Links To 3rd Party Websites
The Site may contain links to other websites. This Policy does not apply to the practices of other websites and Shani Darden is not responsible for the actions and privacy policies of third parties. We encourage you to be aware of when you leave the Site and to read the privacy policies of each website that you visit.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. We use organizational, procedural, and technical safeguards to secure data in our possession, consistent with the sensitivity level of such data. When sensitive information (such as a credit card data) is collected on the Site it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol and may be processed by third parties using similar levels of protection. Regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect Personal Information, we cannot ensure or warrant the security of any information you transmit to us.
Site Users Outside the United States
By visiting the Site and providing us with data as non-U.S. user, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Policy. We are based in the United States and the information we collect is governed by U.S. law. By accessing or using the Site or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
You may have the following data protection rights:
- To access, correct, update or request deletion of Personal Information. We take reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a registered user, you can manage many of your individual account and profile settings within your account provided through the Site, or you may contact us directly by emailing us at firstname.lastname@example.org. We will consider your request in accordance with applicable laws.
- In addition, individuals who are residents of the European Economic Area (“EEA”) can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us at email@example.com.
- Similarly, if Personal Information is collected or processed on the basis of consent you can withdraw consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- EEA residents have the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request.
We do not knowingly collect any Personal Information from children under the age of 13. We do not sell products for purchase by children and all children’s products we sell are for purchase by adults only. If you are under 13 years old, please do not provide your information on the Site. If we become aware that an individual is under the age of 13 and has submitted any information to Shani Darden for any purpose, we will delete his or her information from our files. If you believe that we might have any Personal Information from a child under 13, please contact us at firstname.lastname@example.org.
California Privacy Rights
Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding the personal information that businesses have about them. This includes the rights to request access or deletion of your personal information, as well as the right to direct a business to stop selling your personal information.
Right to Notice. You have the right to be properly notified of the following:
Personal Information We Collect: We may have collected the following categories of information about you in the past 12 months. In some cases, the information we collect may fall within more than one category:
- Contact information and personal identifiers, such as your name, address, email address, telephone number, and username or social media handle.
- Device identifiers, such as information about your device like your MAC address, IP address, or other online identifiers.
- Demographic information, such as your age, sex, and gender (some of which may be characteristics of protected classifications under California or federal law).
- Physical characteristics, such as your hair type and color, skin type, and eye color.
- Commercial information, such as the products or services you have purchased, returned or considered, and your product preferences.
- Payment information, such as your method of payment and payment card information (including payment card number, expiration date, delivery address and billing address).
- Biometric information, such as facial images (for example, if you use one of our make-up try on applications).
- Identity verification information, such as photo identification and other authentication information (like passwords).
- Online or network activity information, such as information regarding your interaction with our website, mobile applications, digital properties, and advertisements, information about your browsing and search history on our website or mobile applications, and log file information, which includes, but may not be limited to, your browser type, webpages you visit, and other electronic network activity.
- Geolocation information, such as information that can help identify your physical location (like your GPS coordinates or the approximate location of your mobile device).
- Audio and visual information, such as recordings of your voice when you call our customer service and images we record through CCTV in our retail stores.
- Professional or employment-related information, such as information from your resume, employment history, education information, and professional licenses or certifications.
- User Content, such as your communications with us and any other content you provide (including photographs, videos, reviews, articles, survey responses, and comments).
- Inferences drawn from or created based on any of the information identified above.
Right to Access Your Information: You have the right to request the following covering the 12 months preceding your request:
- The specific pieces of personal information we have collected about you
- The categories of personal information that we have collected about you
- The categories of sources from which we collected the personal information
- The purpose for collecting or selling the personal information
- The categories of personal information that we have disclosed about you, the purpose for disclosing such personal information and the categories of third parties with whom we disclosed such personal information
- The categories of personal information that we have sold about you, as well as the categories of third parties to whom we sold such personal information
Right to Opt-Out of Sale: We do not sell your personal information for monetary consideration. However, California law may characterize our sharing of personal information with companies that provide services to us, such as companies that help us to market or advertise our products and services to you, as "sales”. We may “sell” or may have “sold” the following categories of personal information for valuable consideration to the third parties listed below:
- Device identifiers
- Online or network activity information
- Commercial information
We may sell or may have sold this information to:
- Advertising companies
We do not have actual knowledge that we sell the personal information of minors under 16 years of age. You have the right to direct us to not sell your personal information. If you would like to exercise your right to request opt-out of sale, please click here. Please note that we may still use aggregated and de-identified personal information that does not identify you or any individual; we may also retain information as needed in order to comply with legal obligations, enforce agreements, and resolve disputes.
Right to Deletion: You have the right to request that we delete any personal information about you that we have collected from you. Please note that there are exceptions where we do not have to fulfill a request to delete information, such as when the deletion of information would create problems with the completion of a transaction or compliance with a legal obligation.
Right to Non-Discrimination: We will not discriminate against you (e.g., through denying goods or services, or providing a different level or quality of goods or services) for exercising any of the rights afforded to you.
How to Exercise Your Rights: To exercise your rights described above, please submit a verifiable consumer request to us by filling out our webform, calling us at +1-213-451-6625 or by emailing us at email@example.com.
Verifiable Consumer Requests: Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access to your personal information twice within a 12-month period. The verifiable consumer request must: 1) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of that person; and 2) Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it. We cannot respond to your request to exercise your access and/or deletion rights if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format: We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period prior to the date we receive the verifiable consumer request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For access requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
California’s Shine the Light law. California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, please send an email to firstname.lastname@example.org or write to us at the address in the Contact Section below. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. Shani Darden permits California residents to opt out of having their information shared with third parties for direct marketing purposes. To opt out, please click “unsubscribe” on any emails from us or email us at email@example.com requesting to be removed.
Do Not Track (DNT): Some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser. The Site, however, does not respond to DNT signals.
Financial Incentive: We may offer you various financial incentives such as discounts and special offers when you provide us with contact information and identifiers such as your name and email address. When you sign-up for our loyalty program, email list or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting out from our email or closing your loyalty member account. Generally, we do not assign monetary or other value to personal information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.
If you are not comfortable shopping online (and would prefer to make your purchase via telephone), just give us a call at 310.745.3150. Our Customer Service Team will be happy to assist you.