Privacy Policy

Last Revised: 12/31/19

This Privacy Policy (“Privacy Policy”) describes how Fashionphile, LLC (“Fashionphile,” “us” or “we”) collects, uses and discloses information from its users, including with respect to the website located at https://www.fashionphile.com/ (the “Website”) and any related content, features, content, materials, applications, widgets and/or services (collectively, the “Services”). 

BY USING THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THE FASHIONPHILE TERMS OF USE AND THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THE FASHIONPHILE TERMS OF USE AND THIS PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF FASHIONPHILE’S SERVICES. 

For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, organization, or other entity, then “you” includes you and that entity.

We may collect the following categories of information about you that either directly or indirectly identifies you or could reasonable be used to identify you (collectively, “Personal Information”):

  1. Types of Information We Collect
    • Registration information you provide when you create an account, including your name, email address, telephone number, address, username, password, payment information, and other account information.
    • Information you provide to us when you access or use the Services and each time you interact with the Services or Fashionphile, for example, when you update information in your control panel, communicate with us by telephone or email, and order products or services. Such information includes your payment information. We also store information about the products you purchase or sell through the Services, such as the product information, date of purchase or sale, and information relating to any support issue.
    • Usage, viewing and technical data, including your IP address or device identifier when you use the Services. If you access your account from a mobile device, that mobile device may also provide us with details of your location. Most mobile devices allow you to disable this functionality.
    • Information we receive from third parties, including analytics platforms, social media platforms, and advertising partners. For example, if you access the Services through a third party platform or log-in, we may also collect your email address associated with that third party, and any information you have made public in connection with that service or which the third party shares with partner services.
  2. How We Collect Your Information

    You may disable cookies by changing the settings on your browser. Check the help menu in your browser for further information. Remember that if you disable cookies it is likely to affect how the Services work and you may not be able to access or use certain areas of our Website or functionality. Unless you have adjusted your browser setting so that it will refuse cookies, our system will place cookies when you log on to the Services.

    1. Information You Provide. We collect information you provide to us when you register with us, submit products to us, request products, services or information from us, participate in activities through the Services, respond to customer surveys, or otherwise interact with us. Please keep in mind that when you post information on a third party site or platform, the information you provide may be separately collected by the third party site or platform. The information we collect is covered by this Privacy Policy and the information the third party site or platform collects is subject to the third party site or platform’s privacy practices. Privacy choices you make on the third party site or platform will not apply to our use of the information we collect directly through our Services.
    2. Unique Identifiers. We collect information through unique identifiers (such as IP address or your mobile device advertising identifier).
    3. Cookies. We use “cookies” and other technologies to collect data that enable us to better understand and improve the usability, performance and effectiveness of our Website. Cookies are files sent to your browser and stored on your computer. We use cookies to gather general information about your visits to our Website, the files you have designated for backup, the configuration of your computer and your computer’s interaction with the Services, and stores this information in log files. Fashionphile uses this information to understand traffic and downloads on our Website, enabling us to improve the Website, provide the best online experience possible, and improve our customer service. We use the following types of cookies on our site: 
      • Strictly Necessary Cookies - These cookies are essential in order to enable you to move around our Website and use its features, such as accessing secure areas of the Website and remembering which files you have marked for backup. Without these cookies, services you have asked for, like security or e-billing, cannot be provided.
      • Other Technologies - We may also use other Internet technologies, such as web beacons or pixel tags and other similar technologies, to deliver or communicate with cookies and analyze your use of the Services. We also may include web beacons in email messages so that we know when you have opened an email message received from Fashionphile.
    4. Third Party Analytics. We use third parties’ analytic and tracking tools to better understand who is using the Services, how people are using the Services and how to improve the effectiveness of the Services and their content, and to help those parties serve more targeted advertising to you across the Internet or help us serve more targeted advertising to you. Those third party companies may use cookies, pixel tags or other technologies to collect and store certain information, such as time of visit, pages visited, time spent on each page of the Services, device identifiers, type of operating system used and other website(s) you may have visited. They might combine information they collect from your interaction with our Services with Personal Information they collect from other sources. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies. We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our site. This information is used to compile reports and to help us improve our Website. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.   
    5. Do Not Track. Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. Fashionphile and the Services do not recognize DNT. 
  3. How We Use Your Information

    We may use your data for the following purposes where it is in our interests to do so, in order to provide the Services in accordance with the Terms of Use or where we are legally required:

    • To provide you with the Services and the products and services you request.
    • To administer your Fashionphile account.
    • To communicate with you about your account or transactions with us and send you information about features of the Services or changes to our policies.
    • To process payments. 
    • To ensure consistency with local law and choices and controls that may be available to you. 
    • To personalize content and experiences and advertising.
    • To detect, investigate and prevent activities that may violate our policies or be illegal.
    • To optimize or improve the content, products, services, and features of the Services.
    • To personalize and improve the Services and user experiences, to increase the functionality and user friendliness of the Services, to deliver content or features that match user profiles or interests.
    • To monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the Services.

    We, or third parties with whom we contract or partner, may also send you offers and promotions for our products and services (although where required by applicable law, we will only do so with your consent).

  4. Sharing Your Information with Other Companies

    We may share your Personal Information in the following circumstances:

    • Where you direct us to share your Personal Information with third party sites or platforms, such as social networking sites.
    • With third party partners for marketing purposes.
    • When we contract or partner with a third party to provide services on our behalf, including Services development and maintenance, storage, IT support, advertisers and advertising networks, analytics and search engine providers.
    • With our affiliates, investors or other third parties in connection with the sale of or other investment in our business (including merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings) or a commercialrelationship, and such third parties may separately market to you based on the information provided.
    • To enforce our Terms of Use or rules, to ensure the safety and security of our users and third parties, to protect our rights and property and the rights and property of our users and third parties, to comply with legal process, including judicial warrant, rule, order or subpoena or in other cases if we believe in good faith that disclosure is required by law or regulation.

    In addition, we may share information about groups or categories of users. You will not be personally identifiable from such information. If you would like more information about the companies with whom we share your data, please contact us at [email protected].

    We are based in the US so if you are based outside the US, your information will be transferred to the US.  We also process Personal Information on our servers in many countries around the world so your Personal Information may not be processed on a server located in the country in which you live.

  5. Your Controls and Choices

    In certain circumstances, we provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include:

    • You may correct and update your registration account.
    • You may change your choices for newsletters and alerts and other direct marketing.
    • You may request access to the Personal Information we hold about you and that we amend or delete it or transfer it to someone else.
    • You may ask us to stop using or sharing or otherwise dealing with your Personal Information in certain circumstances.   
    • You may change your mind where you have provided us with consent and withdraw consent for our use of your Personal Information. 

    You may exercise your controls and choices by modifying your profile or by contacting us at [email protected] or following instructions provided in communications sent to you. Please be aware that if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact us at [email protected] Where relevant and applicable, you also have the option to make a claim with the privacy regulator in the country where you live or work or where you think we have infringed data protection laws.

  6. Third Party Websites and Links

    Our Services may contain links to other sites operated by third parties. Fashionphile does not control such other sites and is not responsible for their content, their privacy policies, or their use of personal information. Fashionphile’s inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Services. Fashionphile expressly disclaims any and all liability for the actions of third parties, including, but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information submitted by you directly to these third parties is subject to these third parties’ privacy policies.

  7. Children’s Privacy

    Fashionphile does not intentionally gather any Personal Information about individuals who are under the age of eighteen (18) or knowingly allow such persons to sign up for the Services. The Services are not directed at children under the age of eighteen (18). IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE OR OTHERWISE LACK THE CAPACITY TO ENTER INTO A BINDING CONTRACT, DO NOT USE OUR SERVICES.

    If Fashionphile becomes aware that it has collected Personal Information from someone under the age of eighteen (18), we will delete such information. If you are the parent or guardian of a person under the age of eighteen (18) who has provided us with Personal Information, you may contact us using the information below to request it be deleted.

  8. Data Security, Integrity and Retention
    1. General. The security, integrity and confidentiality of your information are important to us. We have implemented technical, administrative, and physical security measures that are designed to protect user information from unauthorized access, disclosure, use, and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. 
      • Retention. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in the Terms of Use and this Privacy Policy unless a longer retention period is required, or for the establishment, exercise or defense of legal claims, or for legitimate businesses purposes, or as provided by law.
    2. Secure Payments. To provide secure credit card processing when ordering from us, orders placed on our Website are processed through a payment gateway which operates under its own privacy policy. If you choose to purchase any products or services online using a credit card, the credit card information is sent to Fashionphile using SSL (Secure Socket Layer) encryption, an industry-standard method for protecting data as it travels over the Internet, or a similar encryption technology that may become accepted as an industry standard, or better encryption method, in the future. To learn more about our credit card processing vendors and their respective privacy and other policies which apply when you make a payment through their services, please review the terms of their own privacy policies.
  9. Changes to this Privacy Policy

    From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements, or for other purposes. If these changes are material, we will provide notice to you by email at the last email address you provided us, by posting notice of such changes on the Services, or by other means, consistent with applicable law. Where required by applicable law, we will obtain your consent for such changes. If you do not accept this Privacy Policy, including any changes thereto, then you MAY not use ANY OF the Services.

  10. Your California Privacy Rights

    This Privacy Policy describes how we may share your information for marketing purposes. It applies to all users of the Services, including California residents. We share information with other parts of our business, our service providers, and others, as more fully set forth in Section IV.

    You may contact us AS DESCRIBED IN SECTION XIII with any questions or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose.

  11. Dispute Resolution

    Any questions or concerns regarding the use or disclosure of Personal Information should be directed to Fashionphile at [email protected] Fashionphile will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy. 

    If Fashionphile is unable to resolve your complaint, you can escalate the issue in accordance with the dispute resolution procedure set forth in our Terms of Use or make a claim with the privacy regulator in the country in which you think we have infringed privacy laws.

  12. Contact Us

    You may contact us regarding the Services or this Privacy Policy at: 6359 Paseo Del Lago, Carlsbad, CA 92011 or by email at [email protected]

 

PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Fashionphile.com (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

Yes

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Any of the following: name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Yes

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Yes

G. Geolocation data.

Physical location or movements.

Yes

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

Yes (Applicants only)

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Yes (Applicants only)

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
  • Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
  • Directly and indirectly from activity on our website (www.Fashionphile.com). For example, from submissions through our website portal or website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information place an order, we will use that information to process that order.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our website and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A:         	Identifiers.
Category B:         	California Customer Records personal information categories.
Category C:         	Protected classification characteristics under California or federal law.
Category I:          	Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collect from you and retain, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

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 also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information 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. 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 endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 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 preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability 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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (844) 619-8902

Website: https://www.fashionphile.com

Email: [email protected]

Postal Address:

Fashionphile
Attn: CCPA Compliance
6359 Paseo Del Lago
Carlsbad, CA
92011

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