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Privacy

Privacy Policy

Last Updated: March 7, 2023

Emily Heath Studio Inc (“EMILIE HEATHE,” “we,” “us,” or “our”) provides this Privacy Policy (“Policy” or “Privacy Policy”) to describe the information we collect, how we use it, and when and with whom we share it. This Policy applies to this website (emilieheathe.com), other websites, mobile applications, and online services we provide, and to personal information collected offline, such as through a purchase of our products or subscription to our mailing lists or newsletters (collectively the “Service”). By accessing or using the Service, you agree to this Policy. If you do not agree to this Policy, please do not access or use the Service.

1. THE INFORMATION WE COLLECT

We collect information about you when you use our Service. The types of information we collect depends on the services and the features you use on the Service. Please note that we need certain types of information to provide the Service to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Service.

a. Information You Provide Directly to Us

We may collect information that you provide directly to us through:

  • Your use of our Service, e.g. when you register for an account or make a purchase;

  • Your reviews of our products;

  • Your subscription to newsletters;

  • Your registration for promotions;

  • Your requests for support and/or technical assistance;

  • Your transmission of user content or other information to us; and

  • Any other communications you have with us.

The information you provide directly to us may concern you or others and may include, but is not limited to:

  • Account and Purchase Information: We may collect information from you when you sign up for an account or make a purchase with us. That information may include, among other things, your full name, mailing address, email addresses, age, username, password, phone numbers, and other information you provide.

  • Payment and Financial Information: We or our service providers may collect payment information from you, such as payment card number, expiration date, billing address, and payment account name.

  • Content and Other Information You Provide to Us: We collect additional content and information that you voluntarily provide us, such as content you submit when you contact us via the Service or by e-mail.

You are not required to provide us with such information, but certain features of the Service may not be accessible or available absent the provision of the requested information.

b. Information from Affiliates and Non-Affiliated Third Parties

We may collect information about you or others through our affiliates or through non-affiliated third parties. For example, we may communicate with you on platforms operated by third parties and collect feedback. We may combine information that we collect from you through the Service with information that we obtain from such third parties and information derived from other products or services we provide.

c. Information We Collect Automatically

Device/Usage Information. We and our third-party service providers, which include ad networks and analytics companies such as Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Service. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track when and how frequently you access or use the Service, including how you engage with or navigate our website or mobile application. We use this information (including the information collected by our third-party service providers) for analytics (including to determine which portions of the Service are used most frequently and what our users like/do not like), to assist in determining relevant advertising (both on and off the Service), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.

Cookies and Other Electronic Technologies. We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the Service. These technologies, for example, may allow us to tailor the Service to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about usage of our Service. We or our third-party service providers also may use certain of these technologies in emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Service, because the Service may not function properly. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies. As we adopt additional technologies, we may also gather additional information through other methods.

Location Information. When you use the Service, we may collect general location information (such as general location inferred from an IP address).

d. Information We Collect From Social Media and Other Content Platforms

If you access the Service through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This may include your name, gender, profile picture, your “likes” and check-ins, and your list of friends, depending on your settings on such Service. If you do not wish to have this information shared, do not use a social networking connection to access the Service. For a description on how social networking sites handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.

When you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

2. HOW WE USE THE INFORMATION WE COLLECT

We use your information for business and commercial purposes, such as:

  • To provide you with the Service, including to register you for an account and process transactions;

  • To respond to your questions or inquiries, including to provide support and troubleshooting assistance;

  • To communicate with you, including to communicate with you about your account, inquiries, our company, and related news, as well as to send you promotional emails, surveys, newsletters, or notifications;

  • To manage and remember your preferences and customize the Service;

  • To analyze and improve the Service or any other products and Service we provide;

  • To administer surveys, sweepstakes, promotions, or contests;

  • To improve our advertising and marketing, such as to provide you with recommendations for products or Service that may interest you;

  • To verify your identity;

  • To comply with our legal obligations or as permitted by law;

  • To protect the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Service;

  • To prevent fraud and enforce our legal terms;

  • To administer and troubleshoot the Service.

We may combine information that we collect from you through the Service with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or Service we provide.

We may aggregate and/or de-identify information collected through the Service. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

3. WITH WHOM & WHY WE SHARE YOUR INFORMATION

We may share or disclose your personal information for the following reasons:

  • Affiliates, Subsidiaries, and Partners. We may share information with our affiliates, subsidiaries, and partners. For example, we may share your information with retailer partners to help address your customer service requests.

  • Service Providers. We may share information with third parties that help us operate our business and provide the Service. For example, we may use a payment processor to receive payments, or we may use a cloud storage provider to store data.

  • Other Parties When Required by Law or as Necessary to Protect Our Users and the Service. We may share information when we believe that doing so is necessary to enforce our Terms of Service, to protect, enforce, or defend the legal rights, privacy, safety, or property of EMILIE HEATHE, our employees or agents or users, or to comply with applicable law or legal process, including responding to requests from public and government authorities.

  • Business Transfers. We may transfer the information we hold in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, dissolution or liquidation) or take steps in anticipation of such a transaction.

  • Aggregated or De-Identified Information. We may share aggregated or de-identified data without restriction.

  • Otherwise with Your Consent or at Your Direction. In addition to the sharing described in this Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

When you participate in the Service by posting content or participating in publicly-accessible forums (such as when posting reviews of our products), please note that some of your profile information may be exposed publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.

 

4. ONLINE ANALYTICS AND TAILORED ADVERTISING

a. Analytics

We may use third-party web analytics services on the Service, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Service, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Service. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

b. Tailored Advertising

We allow certain third parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Service. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Service by non-affiliated, third-party ad technologies, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Service, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

When using a mobile application you may also receive tailored in-application advertising content. Each operating system--iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices--provides its own instructions on how to prevent the delivery of tailored in-application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertising. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.

c. Do not track signals and similar mechanisms

We do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions.

5. Security of Your Information

We implement security measures to protect your information. It is important that you protect and maintain the security of your account credentials and you need to immediately notify us of any unauthorized use of your account. Please understand that no data transmission over the Internet, or method of electronic storage, can be guaranteed to be 100% secure. Consequently, while we strive to protect your information, we cannot guarantee its absolute security.

6. Children’s Privacy

The Service is not intended for minors and children under the age of 13, and we do not knowingly collect any personal information (as that term is defined in the Children’s Online Privacy Protection Act (COPPA)) from such minors and children. If we discover that an individual under 13 has provided us with personal information, we will delete the personal information to the extent required by COPPA.

If you are 13 or older, but have not reached your jurisdiction’s age of majority (such that you are able to enter a contract), you should only use the Service with permission from your parent(s) or guardian(s).

7. International Users and Consent to Transfer

Our computer systems are based in the United States, so your information will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. By using the Service, you agree to this Privacy Policy and you understand and agree to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in the EU or certain other countries, and to the processing of that information as described in this Privacy Policy.

Where required, we will use appropriate safeguards when transferring your data outside of the EU. For more information about these safeguards, please contact us as detailed in the “Contacting Us” section below.

8. Third-Party Websites

The Service may link to third-party websites from companies other than EMILIE HEATHE, such as to relevant online resources, our partners’ websites, payment processors, and other third-party websites. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly. We are not responsible for the actions of third parties.

9. Shopify

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and provide the Service to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. For more information, please refer to Shopify’s Terms of Service and Privacy Policy.

10. Your Choices

You have certain options with respect to your information, such as:

  • Profile Information and Accounts: If you have an account on the Service, you can access and edit the information you provided to us through individual settings in the Service. You can also access, correct, amend or delete your information or account by emailing us at customer@emilieheathe.com

  • Marketing Emails: To opt out of marketing e-mail communications, you may click the “unsubscribe” link in the marketing e-mails.

  • Marketing Text Messages: To opt out of marketing text messages, you must reply STOP to the text message. You agree that texting “STOP” in response to our text message is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

  • Cookies & Analytics: You can opt out of certain cookie-related and analytics processing by following the instructions in this Privacy Policy.

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information to comply with a legal obligation. We may request that you provide us with information necessary to confirm your identity before responding to your request.

11. Changes to Our Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you as required by law. By continuing to use the Service, you are agreeing to be bound by any changes or revisions made to this Privacy Policy.

12. Contacting Us

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at customer@emilieheathe.com.

 

13. Supplemental Privacy Notice for California Residents

This Supplemental Privacy Notice supplements the information in our Privacy Policy above, and except as provided herein, applies solely to California residents. It applies to personal information we collect on or through the Service and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

Summary of Information We Collect

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Throughout our Privacy Policy, we describe the specific pieces of personal information we collect, the sources of that information, and how we share it. Under the CCPA, we also have to provide you with the "categories" of personal information we collect and disclose for “business purposes” (as those terms are defined by applicable law). Those categories are identifiers (such as name, email address, phone number, and other account information); commercial information (such as transaction data); financial data (such as credit card and other financial account information); internet or other network or device activity (such as IP address); geolocation information (general location); inference data about you; sensory information (such as audio recordings if you call customer service); other information that identifies or can be reasonably associated with you.

We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Service; (3) affiliates; and (4) third parties such as social networks and marketing partners.

We or our service providers may collect the above categories of information for the following business or commercial purposes:

  • Our or our service provider’s operational purposes;

  • Auditing consumer interactions on our site (e.g., measuring ad impressions);

  • Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;

  • Bug detection and error reporting;

  • Customizing content that we or our service providers display on the Service (e.g., contextual ads);

  • Providing the Service (e.g., account servicing and maintenance, order processing and fulfillment, customer service, advertising and marketing, analytics, and communication about the Service);

  • Improving the Service and developing new services (e.g., by conducting research to develop new products or features);

  • Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners;

  • Other uses about which we notify you.

We may also use the above categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

We describe our information sharing practices in our Privacy Policy. We may share certain categories of personal information with third parties for business purposes. For example, we may share any of the categories described above with our subsidiaries or affiliates. If you connect your account with social media services or interact with social media plugins or links on the Service, we may share identifiers, commercial information, internet or other network or device activity, or general location with those social media services. We may also share your information with our retailer partners to help address your customer service requests.

Rights

If you are a California resident, you may have certain rights. California law may permit you to request that we:

  • Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.

  • Provide access to and/or a copy of certain information we hold about you.

  • Delete certain information we have about you.

You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Service to you. If you ask us to delete it, you may no longer be able to access or use the Service.

If you would like to exercise any of these rights, please submit a request at info@emilieheathe.com. You will be required to verify your identity before we fulfill your request. To do so, you will need to provide information to match with our existing records to verify your identity, depending on the nature of the request and the sensitivity of the information sought. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

The CCPA requires businesses that “sell” personal information, as the term “sell” is defined under the CCPA, to provide an opt-out from such sales. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity. We do share certain information as set forth in the Privacy Policy, and we also allow third parties to collect certain information about your activity, for example through cookies. For more information on how you can control or opt out of cookies, please see Section 4 above.

California Shine the Light

We do not share personal information with third parties for their direct marketing purposes.

14. Supplemental Notice for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing info@emilieheathe.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

15. Mobile

Emilie Heathe uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.