Privacy Policy

OVERVIEW

SHOP SARAH KAY LLC (“Shop Sarah Kay”, “we”, “our”, or “us”) respects and is committed to protecting your privacy.  This Privacy Policy lets you know how and for what purposes we are collecting, processing, and using your Personal Information (as defined herein).  We pledge that we will take reasonable steps to ensure that your Personal Information and Usage Information (as defined herein) will only be used in ways that comply with this Privacy Policy. 

This Privacy Policy is in effect no matter the method of collection (such as by mail, sign-up/sign-in page), including collection through our website located at https://shopsarahkay.com/ and any online features, products, services, and/or programs we offer (collectively, the “Services”). Shop Sarah Kay will treat any offline collection, uses, and disclosures of your Personal Information consistently with our online privacy practices set forth in this Privacy Policy. This Privacy Policy is not applicable to any website, mobile application, social media site, or other material collected and/or owned by any entity other than Shop Sarah Kay. 

Your use of the Services is also governed by the Terms of Service located at www.shopsarahkay.com/terms-of-service/

SECTION 1 – TYPES OF INFORMATION WE COLLECT

Shop Sarah Kay and any third-party that we hire for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Services may collect two types of information when you visit the Services: Personal Information and Usage Information.

When you purchase something from our store, when you return something to our store, or otherwise as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address (collectively, “Personal Information”). When you browse our store, we also automatically receive your computer’s internet protocol (IP) address and other browsing information in order to provide us with information that helps us learn about your browser and operating system (collectively, “Usage Information”).

WooCommerce provides us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through WooCommerce’s data storage, databases and the general WooCommerce application and is subject to their privacy policy and terms of service as set forth in further detail in Section 9.

SECTION 2 – HOW INFORMATION IS COLLECTED

We may collect Personal Information and Usage Information about you from the following sources:

  • when you send us an email;
  • when you place an order at our online store;
  • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third-parties;
  • information we receive from our affiliates, partners or service providers; and
  • information we receive from other sources, as permitted by applicable laws, rules and regulations.

SECTION 3 – COOKIES

From time to time, we may use “cookies” to keep track of your visit and your use of the Services and to improve your experience.  A cookie is a small piece of data that your browser stores on your computer’s or device’s hard drive and is used to collect information, such as identifying those areas of the Services that you have visited in the past in order to enhance your next visit to our website.  You can choose whether to accept cookies by changing the settings of your browser, but some functionality of the Services may be impaired or not function as intended if you choose not to accept cookies.  Each browser is a little different, so look at your Help menu to learn the correct way to modify your cookies.  Cookies can be deleted by you, at any time, and will not collect any information when you are not accessing the Services. By using our Services you consent to our use of cookies.

SECTION 4 – HOW WE USE INFORMATION

Information collected by us, and our third-party service providers, may be used for the following primary purposes: 

  • To make sure you get the products you ordered.
  • To improve our products and services.
  • To personalize your experience on the Services.
  • To communicate with you about your order, or respond to requests you have, for example, when you email us to return a product.
  • To help protect the safety and integrity of the Services and our users.

SECTION 5 – WHEN INFORMATION IS DISCLOSED AND SHARED

We might disclose Personal Information and/or Usage Information when required by law or in the good-faith belief that such disclosure is necessary:

  • To comply with legal processes and applicable law.
  • To enforce this Privacy Policy.
  • To take precautions against liability and respond to any claim that any information provided by you violates the rights of a third-party.
  • To assist government enforcement agencies.
  • To protect our rights, property, or the safety or the rights, property, or personal safety of our visitors and the public.
  • To investigate potential unauthorized access or misuse of the Services.
  • To otherwise enforce or apply our Terms of Service and other agreements.

We may transfer your Personal Information to third-parties, including our hosting partners and other trusted third-parties who assist us in operating the Services and as necessary for our business purposes. The use of your information by a trusted business partner and other third-parties may be subject to that party’s own privacy policy.

We reserve the right to transfer your Personal Information, as well as any information about or obtained from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of our creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third-parties or for any actions of any third-parties that receive any of the information that is disclosed to us.

We will not sell your information to third-parties.  We will not share your information with third-parties who want to send you advertisements or marketing promotions. 

We may disclose your Personal Information for any purpose disclosed by us when you provide the information. We may also disclose your Personal Information with your permission or as directed by you.

SECTION 6 – SECURITY

While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. 

SECTION 7 – DATA RETENTION

If you request a return of our product(s), we will collect Personal Information, including your order number and email address. We will retain any Personal Information that we collect for as long as we need that information to provide you with our products and services. We will also retain and use your Personal Information as necessary to comply with our legal obligations, comply with our internal business practices and standards, resolve disputes, and enforce our agreements. Personal Information is destroyed when it is no longer necessary for these purposes. Our business partners and third-party service providers may have their own data retention policies, and you should review their policies and practices to make sure you understand how long they retain your information. 

SECTION 8 – INFORMATION FROM CHILDREN

The Services are not intended or designed to attract children under the age of 13.  You affirm that you are at least 18 years of age, are an emancipated minor, have obtained parental or legal guardian consent, or are the age of majority in your state or province of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy.  In any case, by using the Services, you affirm that you are over the age of 13, as THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13 WHO ARE UNACCOMPANIED BY THEIR PARENT(S) OR LEGAL GUARDIAN(S).

We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Parents and legal guardians should be aware that this Privacy Policy will govern our use of Personal Information, but also that information that is voluntarily given by children (or others) in email exchanges, or the like, may be used by other parties to generate unsolicited communications. 

SECTION 9 – THIRD-PARTY SERVICE PROVIDERS

As set forth in Section 1, our store uses the online e-commerce platform WooCommerce, which allows us to sell our products and services to you. We do not collect your credit card or other banking information. Instead, we use the services of Braintree, a PayPal, Inc. service, to process transactions on our behalf. We also use the services of Printful Inc. to ship our custom products to you. By using our Services, you grant us all necessary rights and consents under applicable laws to disclose to our third-party service providers — or allow those third-party service providers to collect, use, retain and disclose to us — any Personal Information for purposes of providing services to you, including data that we may collect directly from you using cookies or other similar means. 

The Services may now or in the future also contain various links to other websites.  We are not and cannot be responsible for the privacy practices or the content of any of those websites. We do not have control over any third-party service providers. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. 

We recommend that you read the privacy policies and terms of service for all websites you visit, including links provided on our website and those policies of the service providers of Shop Sarah Kay, so you can understand the manner in which your Personal Information will be handled by these providers and so you can abide by their terms. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

For more insight into our third-party service providers, you can read their privacy policies and terms of service.

WooCommerce: https://automattic.com/privacy/; https://woocommerce.com/terms-conditions/

Braintree: https://www.braintreepayments.com/legal/braintree-privacy-policy; https://www.braintreepayments.com/legal

Printful: https://www.printful.com/policies/privacy; https://www.printful.com/policies/terms-of-service

SECTION 10 –INTERNATIONAL / EUROPEAN UNION USERS

The Services and our products are intended for individuals located in the United States, and your use of our products and services are governed by United States law. We are not targeting or marketing to international users. If you are using the Services or our products from outside the United States, please be aware that your Personal Information and/or Usage Information may be transferred to, stored, and processed in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services or our products and services, you consent to your Personal Information and Usage Information being transferred to our facilities and to the facilities of those third-parties with whom we share it as described in this Privacy Policy.

We will only process your Personal Information when we have a legal basis to do so. When we do process your Personal Information, we will do so with your consent as set forth in this Privacy Policy, or because the processing is necessary for the performance of services or to provide products to you, to comply with our legal obligations, to pursue our legitimate interests, or to establish or defend a legal claim.

SECTION 11 – CHOICES WITH YOUR PERSONAL INFORMATION AND OPTING OUT

Whether you submit any Personal Information to us is entirely up to you.  You are under no obligation to provide any Personal Information to us.  However, we do need to gather certain information when you purchase merchandise from our store or make returns.  For example, to return a product to us, you will need to provide certain Personal Information, like your name, order number and email address. 

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”).  You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Policy. There are some uses from which you cannot opt out, such as using your Personal Information to fulfill orders for the products that you have requested from us.

Please note that making such requests does not ensure complete or comprehensive removal of your content. For example, we may retain the information for our own internal records, as further set forth in Section 7.

SECTION 12 – ACCESS AND CORRECTION

Please contact us in the manner specified at the end of this Privacy Policy to access your Personal Information in our possession and correct inaccuracies of that information in our records.  We ask individuals to verify their identity, as appropriate in our sole discretion, and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances, as permitted by applicable laws, rules and regulations.

SECTION 13 – YOUR CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once per calendar year) information about the customer information that we shared (if any) with other businesses for their own direct marketing uses.  If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.  To obtain this information, please send an email message to [shopsarahkay@gmail.com] with “Request for California Privacy Information” in the subject line and in the body of your message.  We will provide the requested information to you at your email address in response.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

California residents who use the Services are entitled to the following consumer rights notice: The Services are owned and/or operated by us. Unless otherwise expressly stated, the Services are provided without charge. If you have a question or complaint regarding the services or products provided through the Services, please send an email to [shopsarahkay@gmail.com]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

SECTION 14 – “DO NOT TRACK” SIGNALS

Because we may collect your Personal Information from time to time for our own use, we are required to disclose how we respond to “do not track” requests, signals and other similar mechanisms.   Note that your browser settings may allow you to automatically transmit a “do not track” signal to websites and online services that you visit.  Like many websites and online services, we currently do not alter our practices when we receive a “do not track” signal from a visitor’s browser.  To find out more about “do not track,” you may wish to visit www.allaboutdnt.com.

SECTION 15 – YOUR CONSENT TO THIS PRIVACY POLICY

By visiting our online store and/or making a purchase, you consent to the collection and use of your information (including Personal Information) by us as specified above or as we otherwise see fit, in compliance with this Privacy Policy, unless you inform us otherwise by means of the procedure identified below.  If we decide to change this Privacy Policy or some part of it, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others.  Your use of the Services following our publication of any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future.  If you send certain specific submissions (for example creative ideas, suggestions, proposals, plans, or other materials), whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.

If you have questions or comments or would like to access your Personal Information or opt out of certain sharing, please let us know by sending your comments or requests to us via email at [shopsarahkay@gmail.com].

Copyright © 2018.  SHOP SARAH KAY LLC.  All Rights Reserved.

Effective as of: December 6, 2018

Last updated: December 6, 2018