Privacy Policy
How We Collect and Use Your Personal Information
This Privacy Policy describes how The ELGA Jewelry (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from www.elgajewelry.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE
1. INFORMATION WE MAY COLLECT FROM YOU AND HOW WE USE IT
We may collect and process the following data about you:
SUBMITTED INFORMATION
We may collect information that you provide to us when you:
(i) register for a user account on the website;
(ii) report a problem with the website;
(iii) sign up for email updates from ELGA Jewelry and our partners;
(iv) purchase products or services through the website, or
(v) enter a contest, sweepstakes, or promotion on the website.
This kind of information may include:
Your name and email address
Other contact details such as your home address
Telephone number
Biographical information
Financial information such as your payment card details and transaction details about products or services you have purchased from us.
We use this information to enable you to have a user account on the website, to personalize and improve the website, provide content and features that may be of interest to you, facilitate the purchase of products and provision of services through the website, and to provide a good level of customer service.
ADDITIONAL INFORMATION
If you contact us with a complaint or query about the website, we may keep a record of that correspondence to ensure we provide good customer service. We may also ask you to complete surveys about our products and services that we use for research purposes, although you do not have to respond to them.
DEVICE INFORMATION
We may collect information about the computer or device you use to access the website, including, where available, the device's unique device identifiers and information about the operating system, for system administration purposes.
LOG INFORMATION
When you use the website, we may also automatically collect and store certain information in our server logs to get a better understanding of how you use the website, for system administration purposes, and to ensure we provide a good user experience and customer service. This type of information includes information about when, how, and what parts of the website you use, viewed and exit pages on the website as well as date or time stamps.
In particular, our server automatically collects data about your server’s internet address when you visit us. This information, known as an ‘Internet Protocol’ address, or IP address, is a number that is automatically assigned to your computer by your internet service provider whenever you are on the internet. When you request pages from our website, our servers may log your IP address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g. another website or a search engine); the pages you visit on our website; the website you visit after you visit our website; the ads you see and/or click on; other information about the type of web browser, related software, and settings you are using; any search terms you have entered on the website or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer the website. Such information may also be used to gather broad demographic information, such as the country of origin. Any or all activities with regard to our website usage information may be performed on our behalf by our services providers.
SECURITY AND FRAUD PREVENTION
We may use your personal information to ensure the security of your use of the website, your user account, and our business, and for the purposes of preventing or detecting fraud or abuses of our services.
2. PURPOSES OF PROCESSING YOUR PERSONAL INFORMATION
We process your personal information to operate, maintain, and provide you with the features and various functionalities of the website (including any additional functionalities you may have requested), such as administering your online account, facilitating your purchase of products or services on our website, and communicating with you about the status of your order. We also process your personal information to provide customer service and support. We will indicate where the provision of certain information is voluntary, and you will be able to withdraw your consent or exercise your rights in relation to this information at any time as described in this Privacy Policy.
The legal basis for us processing your personal information as described above will typically be one of the following:
Because it is necessary to fulfill a contract that we have in place with you;
For our or our third parties’ legitimate business interests;
Your consent; or
Where the processing is necessary for compliance with our legal obligations.
3. COOKIES AND SIMILAR TECHNOLOGIES
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
4. WHERE WE STORE YOUR PERSONAL INFORMATION
We take steps to ensure that the personal information that you provide is retained for only as long as it is necessary for the purpose for which it was collected and for satisfying any additional legal, accounting, or reporting requirements, as well as for maintaining technical backups. We apply criteria to determine the appropriate retention period for different categories of personal information you provide us with. For example, we will keep information necessary to protect us in a legal claim, such as information relating to a contract, for the lifetime of the contract and up to seven years after. After this period, it will be deleted or, in some cases, anonymized. Where we have collected the personal information based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent, then you may request that we delete your personal information. In that case, we will either delete your information or provide you with an explanation of why we have not done so.
The information that we collect may be transferred to, and stored at, a destination outside the country in which it is collected, which may have less strict, or no data protection laws when compared to those in your country. The United States is one country where the information collected may be processed and stored. Information may also be processed by staff operating outside the country in which it is collected who work for us or for one of our suppliers, for example in the provision of support services. By submitting your personal information, you consent to this transfer, disclosure, storing, or processing of your personal information.
Whenever we transfer your information outside of the country in which it is collected, we will take steps reasonably necessary to ensure that appropriate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this Privacy Policy. If you are located in the EEA or Canada, you may contact us for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances.
5. SECURITY AND PASSWORDS
You must keep your password and any other authentication information confidential. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below.
Unfortunately, the transmission of information via the internet is not completely secure and as a result, we cannot guarantee the security of your information transmitted via the website; any transmission is at your own risk.
6. DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group of companies, which means our subsidiaries, our ultimate holding company, and its subsidiaries. All of those organizations will process your personal information only as described in the Privacy Policy or where permitted by law or your consent.
We may disclose your personal information to third parties:
(a) In the event that we sell any business or assets, in which case we may disclose your personal information to the prospective and actual buyer of such business or assets; and
(b) If we or substantially all of our assets are acquired by a third party, in which case, personal information held by us about our users will be one of the transferred assets. This includes sales in bankruptcy or liquidation where the business is not continuing as a going concern. Where we sell only a part of our business, we may transfer your personal information to the buyer while retaining it to use and disclose for the purposes set out in this Privacy Policy.
In addition, we may disclose personal information to a third party, including government agencies and law enforcement, if we reasonably believe we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation or request.
We also disclose your personal information:
(a) If we believe your actions are inconsistent with our user agreements or policies, including our Terms of Service or Terms of Sale, and to investigate potential breaches; and
(b) To protect the rights, property or safety of us, our users, or others.
We may share your information with our service providers and vendors who help us to operate the website and deliver our products and services, for example:
Website or database hosting companies
Payment processors
Address list hosting companies
Email service providers
Analytics companies
Distribution companies
Fulfillment companies
Marketing and promotional companies (such as our customer referral partner) and other similar service providers.
Such parties may process information about you on our behalf to assist, for example, with the distribution of marketing materials and the provision of support services.
We also share personal information with third parties who help us detect and prevent fraudulent transactions and verify credit references. The information we share with those third parties may include information that you share with us (such as your contact details, payment details, and information about your order) as well as device and log information as detailed above. For more information around the handling of your personal data by Global-e can be found on their Privacy Policy here.
We take steps to only share with third parties the personal information necessary for them to provide their contracted services. We take steps to prohibit third parties from using or disclosing personal information for purposes other than to carry out their contracted services and to require that they apply reasonable privacy safeguards when storing and processing personal information.
We may also share with any party aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may disclose to our third-party partners aggregate, anonymous data regarding user behavior as a measure of interest in and use of our website. Such data may include overall patterns or demographic reports from which an individual cannot be identified. Please note that there is always a risk de-identified data can be re-identified.
In the preceding 12 months, we have NOT sold any personal information about consumers to third parties.
7. SOCIAL SHARING FEATURES
The website may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our website with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
8. ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS
We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the website and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the website and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes WebChoices: Digital Advertising Alliance's Consumer Choice Tool for Web US (aboutads.info)
9. MARKETING
We may use your identity, contact, technical, usage, and profile data to form a view on what products, services, and offers may be relevant for you. You may receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any company outside of our group of companies for marketing purposes. You can ask us to stop sending you marketing messages or to stop sharing your personal data with third parties for marketing purposes at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. If you opt out of receiving marketing communications, we may still contact you about service-related issues such as where we make any changes to the website, the Terms of Service, Terms of Sale, or this Privacy Policy.
10. TEXT/SMS MESSAGE CONSENT AND OPT-OUT – US ONLY
If you choose, you can provide your mobile phone number to receive text message alerts from our stores or sites to receive product and/or event information, tips, or promotions. You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier.
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11. YOUR ACCOUNT AND DATA PROTECTION RIGHTS-
You have the right to update, correct, or delete the information we collect about you at any time by logging into your online account. Additionally, you can request a copy of your personal information, update, or delete it by sending an email to the address provided below. We will carefully consider your request and either comply or provide reasons for not doing so. In the event you wish to delete your account, please email us at the address listed below. Note that we may retain certain information as required by law or for legitimate business purposes, as outlined in section 4 above. Cached or archived copies of your information may be retained for up to seven years after the closure of your online account.
For visitors from the European Union, data protection legislation grants specific rights, including the right to object, withdraw consent, access personal information, and request erasure, restriction, or a machine-readable copy. We will handle your rights requests in accordance with applicable law. Refer to the "Contact Us" section in this Privacy Policy to exercise your rights or complain to a data protection authority.
**Your Canadian/ California Privacy Rights and Disclosures**
If you are a resident of Canada or California, you are entitled to certain rights under applicable privacy laws. You can exercise these rights by contacting us at Info@elgajewelry.com.
You have the right to:
- Be informed about the personal information collected and shared, including categories and specific pieces.
- Request access to personal information collected and shared with service providers and third parties.
- Opt-out of the sale of your personal information to third parties.
- Request the deletion of your personal information.
- Not be discriminated against for exercising your rights.
There is no charge for exercising your privacy rights.
In the last 12 months, we have collected the following categories of personal information:
- Identification data (e.g., full name)
- Contact details
- Financial information (e.g., payment card details)
- Communications data (e.g., email content)
- Details of complaints and queries
- Survey responses
- Device information
- Browsing information (e.g., IP address)
- Consent record
We have shared these categories with service providers for business purposes but have not sold your personal information.
Refer to our Privacy Notice for more details under "Information We May Collect From You and How We Use It" and "Disclosure of Your Information."
"Do Not Sell My Personal Information"
If you are a resident of Canada and wish to opt-out of the selling of your personal information, please email us at Info@elagancejewels.ca. We have a policy ("Third Party Opt-Out Policy") of not sharing your personal information with third parties for direct marketing purposes if you request us not to do so. To make such a request, email us at Info@elagancejewels.ca with your name, address, email address, and specify the personal information you do not want us to share with third parties for their direct marketing purposes. There is no charge for controlling the sharing of your personal information.
Notice of Financial Incentive
We offer programs, benefits, and other offerings related to the collection and retention of personal information, which may be considered a "financial incentive" under privacy laws. These programs involve collecting identifiers, customer records, commercial information, preferences, and contact information from participating customers.
Examples of programs include:
1. **Newsletter Discount:** We offer a 10% discount to new customers registering for our newsletter, requiring information such as full name, day, and month of birth, and email address.
You may make an informed decision to participate in these programs. We estimate the value of your personal information based on the benefits offered. For more details, refer to our Privacy Policy.
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
Right to Delete. You may have a right to request that we delete personal information we maintain about you.
Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.
Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.
Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
We use Shopify's ad services such as Shopify Audiences to help personalize the advertising you see on third party websites. To restrict Shopify merchants that use these ad services from using your personal information for such services, visit https://privacy.shopify.com/en.
12. User Generated Content
The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.
13.Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
14.Children’s Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.
Our services/products are not intended for children under 13 years of age, and you must be at least 13 years old to have permission to use our services and/or access our website/application. We do not knowingly collect, use, or disclose personal data from children under 13. If you believe that we have collected, used, or disclosed the personal data of a child under the age of 13, please contact us using the contact information provided in this Notice, so that we can take appropriate action.
15.Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
16. Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.
17. International Users
Please note that we may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
18. Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, email us at info@elgajewelry.com or contact us through social media Canada.