PRIVACY & COOKIES

PRIVACY POLICY

HEATHER MARIE DESIGNS
(“WEARHEATHERMARIE”)

Last Modified: September 26, 2024

Introduction

This Privacy Policy describes how Heather Marie Conglomerate, LLC, d/b/a/ Heather Marie Designs “Heather Marie,” “we,” “us,” and “our”) in the course of our business, collects, uses and discloses your personal information when you visit, use our services, or make a purchase from wearheathermarie.com (“Website”), or any of the other sites, applications, features, content or products we offer in the United States (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.

For the purposes of this Privacy Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

This Privacy Policy applies to information we collect:

On (and from) the Heather Marie Website, domains, landing pages, microsites, and branded pages on social media services.
In email, text, and other electronic messages between you and Heather Marie.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.
From offline activities and communications.

This Privacy Policy does not apply to information collected by:

Any third party, including through any applications, or content (including advertising) that may link to or be accessible from or on our Services.

When we do collect Personal Information, we may be subject to various state privacy laws in the United States, such as the California Privacy Rights Act (“CPRA”), and other similar laws enacted in Virginia, Colorado, Connecticut, Utah, Texas and other states.

Notice at Collection for California Residents: At or before the time of collection of Personal Information, California residents may have a right to receive notice of our information practices, including the categories of Personal Information to be collected, the purposes for which such Personal Information is collected or used, whether such Personal Information is shared and how to opt-out of such selling and sharing, and how long such information is retained. You can find those details in this Privacy Policy in Section V.F. below.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use or access our Website. By accessing or using this Website, or by clicking to accept or agree to the Terms and Conditions, the Privacy Policy, or the use of cookies when any of these options are made available, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. This Privacy Policy may change from time to time (see Section VII “Changes to Our Privacy Policy”). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Your use of our Services, including visiting our Website, is at all times subject to our Terms and Conditions, which incorporate this Privacy Policy. Capitalized terms not defined in this Privacy Policy have the meaning set forth in our Terms and Conditions.

Underage Users

The Services are not intended to be used by individuals under 18 years of age. We do not knowingly collect, “share” or “sell” (as those terms are defined by applicable law) any Personal Information from individuals under 18 years of age, and we do not allow individuals under 18 years of age to use the Services without the consent of their respective parents or legal guardians. If you are an individual under the age of 18, you are not permitted to access, register for or otherwise use the Services or send us any Personal Data without the consent of your parent or legal guardian.

The Children’s Online Privacy Protection Act of 1998 (“COPPA”) requires that the operator of a website or online service that is directed to children under the age of 13 that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting Personal Information from children under the age of 13 obtain parental consent before collecting Personal Information from a child under 13. We do not direct our Services to children under 13, nor do we have actual knowledge of collecting Personal Information from children under 13.

If we learn we have unintentionally collected or received Personal Information from a child under 13 without verification of parental consent, we will attempt to delete that information as soon as possible. Upon the request of that child’s parent or legal guardian, and upon proper verification of their identity, a parent or legal guardian can review the Personal Information collected about their child under 13 years of age, have this information deleted, request that there be no further collection or use of their child’s Personal Information, or allow for our collection and use of their child’s Personal Information while withholding consent for us to disclose it to third parties.

If you believe we might have any information from or about a child under age 13, you may contact us at info@wearheathermarie.com.

Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see Section V.F. “Your State Privacy Rights” below for more information.

Categories of Data Collection

We collect several types of information from and about users of our Services, including the following categories of Personal Information:

Personal identifiers, such as real name, alias, postal address, business address, billing address, shipping address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers (“Personal Identifiers”).
Customer records, as identified under certain state laws, such as name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, or any other financial information (“Customer Records”). Some information in this category may overlap with other categories, depending on a particular state’s definition.
Commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies (“Commercial Information”).
Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with our Website, Services, e-mail or advertisement (“Internet Activity”)
Geolocation data, such as general location as enabled by IP address, cookies, and email tracking (“Geolocation Data”)
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes (“Profiling Data”).

We do not collect sensitive personal information from users of our Services.

Sources of Data Collection

We collect Personal Information about you:

Directly from you when you provide it to us. Personal Information collected directly from you in this way may include your Personal Identifiers, Customer Records, and Commercial Information.
Automatically as you navigate through the site. Information collected automatically may include your Commercial information, Internet Activity, and Geolocation Data.
From third parties, including but not limited to Processors, service providers, social networks and advertising partners. The information collected from third parties may include your Personal Identifiers, Customer Records, Commercial Information, Internet Activity, general Geolocation Data and Profiling Data.
Information Provided to Us Directly by You

The Personal Information you provide directly to us on or through our Services may include:

Forms. Information that you provide by filling in forms on our Services. This includes information provided at the time of subscribing to our newsletter, requesting information about our products, or reporting a problem with our Website.
Placing an Order. When you place an order with us, you provide your contact information (such as name and shipping address) and payment information (like credit card number and expiration date). This information is used for billing purposes, order processing and customer support.
Correspondence. If you contact us, you provide us with records and copies of your correspondence (including email addresses).
Surveys and Contests. Occasionally, we request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information.
Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code and age).
Reviews. The Services may enable you to post product reviews and other user-generated content (collectively, “User Contributions”). If you submit User Contributions to public areas of the Services, this content will be public and accessible by anyone.

Please be aware that your User Contributions are posted and transmitted to others at your own risk. We are unable to control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, 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.

Information Collected Through Automatic Data Collection Technologies

As you navigate through and interact with our Services, we may use cookies and similar automatic data collection technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to collect certain information about your devices, browsing actions, and patterns, including:

Usage details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
Device data about your computer, mobile device and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please note that our website service provider, Wix, will not support “Do Not Track” requests sent from a browser or mobile application. However, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

We may maintain or associate the information we automatically collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). This helps us to improve and personalize our Services for you including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Services according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or Browser Cookies).

Cookies are text files placed on your computer or device to collect general Internet log and visitor behavior information. When you visit our Website, we may collect information from you automatically through cookies or similar technology. For specific information about the Cookies that we use related to powering our store with Wix, visit this link. We also use Google Analytics and other Cookies 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. (For more information about cookies, visit allaboutcookies.org).

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

The following links explain how to access cookie settings in various browsers:

To opt out of being tracked by Google Analytics across all websites, visit this link.

Flash Cookies.

Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section V. D. “Choices Regarding the Use and Disclosure of Your Information”.

Web Beacons.

Pages of our Website and affiliated e-mail addresses may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Heather Marie, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on our Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices. We do not control third parties’ tracking technologies or how they may be used. Should you have any questions about an advertisement or other targeted content, you may contact the responsible provider directly.

For information about how you can opt out of receiving targeted advertising from many providers, see Section V.D. “Choices Regarding the Use and Disclosure of Your Information”. For information regarding social media analytics, please refer to the privacy policies of the individual Social Media Platforms (and Section VIII.A).

Information We Obtain About You From Third Parties

We may receive types of Personal Information about you from various third parties, including:

Personal Identifiers and Customer Records from another individual when they purchase a gift for you on our website;
Internet Activity and general Geolocation Data from your device and usage data from third parties, including analytics providers such as Google;
Personal Identifiers and Internet Activity content from communication services, including email providers and social networks, when you give us permission to access your data on such third-party services or networks;
Personal Identifiers and Customer Records from third parties, including organizations (such as law enforcement agencies), associations and groups, who share data for the purposes of fraud prevention and detection and credit risk reduction; and
Personal Identifiers and Customer Records from providers of technical, payment and delivery services.

Finally, we may obtain Personal Information about you from vendors, service providers, and other third parties who may collect information on our behalf, such as:

Companies we use to support our business operations and to provide our services to you. These include, but are not limited to, Wix, our website host and primary e-commerce platform, and its sub-processors. For more information about Wix, see Section V.
Our payment processors in addition to Wix’s sub-processors who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you. These third-party payment processors include PayPal, Apple Pay, Google Pay, and Venmo.
When you visit our Website, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and Cookies.

Any Personal Information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

Your Information

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you.

Wix processes all e-commerce operations on our Website and serves as a data processor on our behalf. Wix also uses other third-party service providers (sub-processors) to process your Personal Information. Personal Information processed by Wix and its sub-processors is transferred, processed and stored in Israel and other jurisdictions. For more details on how Wix handles Personal Information, please refer to Wix’s Privacy Policy and Wix’s Data Processing Addendum.

The relationship between Wix and any specific sub-processor is governed by a contract between Wix and that sub-processor that sets forth the level of protection and security of your Personal Information. We encourage you to also review the list of Wix’s third-party sub-processors.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or unsubscribe through the link provided in the newsletter.
Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual, without restriction.

Disclosures of Personal Information for a Business Purpose

We may, and over the past 12 months have, disclosed Personal Information that we collect, or you provide as described in this privacy policy:

To our affiliates and subsidiaries.
To contractors, vendors, service providers, and other third parties we use to support our business and use Personal Information for the purposes for which we disclose it to them. See the information about Wix at the beginning of this Section V. for how our Website host uses your information.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Heather Marie’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Heather Marie about our Services users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
If required by law enforcement or other public authorities including judicial authorities, courts, or tribunals, to share information with them or other parties. We may disclose your information upon receipt of a court order, subpoena, warrant, or other legal process to the extent necessary to meet our legal, public interest, or law enforcement obligations or to defend our interests in legal, administrative, or other proceedings.
To enforce or apply our terms of use at wearheathermarie.com and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Heather Marie, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Sales and Sharing of Personal Data

In this section, we use the terms “sell” and “sharing” as they are defined in the CCPA. We sell or share (for cross-context behavioral advertising) your Personal Data, subject to your right to opt out of these sales or sharing (see Section D. “Choices Regarding the Use and Disclosure of Your Information” below for information about how to opt out).

As described above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CCPA, sharing your data through third party Cookies for online advertising may be considered a “sale” of information. You can opt out of these sales by following the instructions in this policy.

We sell or share your Personal Data to the following categories of third parties:

Data analytics and advertisers for cross-context behavioral advertising.

We may, and over the past twelve months we have, sold to or shared with the above third parties the following categories of your Personal Information:

Personal Identifiers
Customer Records
Commercial Information
Internet Activity
Geolocation information
How Long Do We Keep Your Information?

We retain your information for as long as it is necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer period is required or permitted by law.

Choices Regarding the Use and Disclosure of Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

The following links explain how to access cookie settings in various browsers:

To opt out of being tracked by Google Analytics across all websites, visit this link.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to info@wearheathermarie.com.
Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by clicking the “Unsubscribe” link on any promotional messages or by sending us an e-mail stating your request to info@wearheathermarie.com. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
Targeted Advertising. If you do not want us to use Personal Information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target- audience preferences, you can opt-out by clicking this link Do Not Sell My Personal Information.

We do not control third parties’ collection or use of your Personal Information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your Personal Information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Residents of certain states such as California, Virginia, Colorado, Connecticut, Utah, Texas and other states may have additional Personal Information rights and choices. Please see Section V. F below for more information.

Accessing and Editing Your Information

You may send us an email at info@wearheathermarie.com to request to access, update, amend, or delete any Personal Information that you have provided to us or Contact Information and Social Media. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use at wearheathermarie.com

Your State Privacy Rights

California Residents Only:

If you are a California resident, California’s “Shine the Light” law (CA Civil Code § 1798.83) provides that you have the right to submit a request to us and receive certain information regarding our disclosure of Personal Information during the past 12 months to third parties for their own direct marketing purposes. You are entitled to receive a copy of this information in a standardized format. To make such a request, please email info@wearheathermarie.com, Attn: Privacy Request, Re: CA Shine the Light, and include your name and the address to which we should respond.

California residents may have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”), including those listed below.

Other States

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

Right to Know. You may have the right to request information about our collection of your Personal Information during the past 12 months. Specifically, you may request information regarding the categories of information we collected, the specific pieces of information we collected, the categories of sources from which we collected Personal Information, the purposes for which we collected such information, the categories of third parties with whom we share that information, and the categories of information that we disclose to third parties.
Right to Delete. You may have the right to request deletion of Personal Information we have collected from you. Certain Information may be exempt from request for deletion under California law.
Right to Opt-Out of Sale of Personal Information (Do Not Sell). You may opt out of the sharing of your Personal Information with third parties for monetary or other consideration, including allowing third parties to receive your IP address or browsing behavior to deliver interest-based advertising.
Right to Non-Discrimination. We will not deny access to, charge a different price for, or provide a different level of quality of goods or services if you choose to exercise your privacy rights under the CCPA.

The exact scope of these rights may vary by state. To exercise any of the rights listed above, you may submit a request using any of the methods listed in Section VIII. below.

To learn more about California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Data Security

We have implemented reasonable technical and organizational measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Personal Information you provide to us is electronically stored on our secure servers, or physically stored in our internal database. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

The safety and security of your Personal Information also depends on you. We urge you to be careful about giving out information in public areas of the Website like message boards. The Personal Information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of Personal Information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page by means of a prominent notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ Personal Information, we will notify you via the email address specified in your account and through a prominent notice on the Website home page. Changes to this privacy policy become effective when we post a revised version on this page. You may refer to the Effective Date at the top of this page to see when the policy was last updated. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information and Social Media

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Email: info@wearheathermarie.com

Address: Attn: Privacy Request

539 W. Commerce St.

Suite 1477

Dallas, TX, 75208

Social Media

To otherwise interact with and stay up to date with the site owner, you may follow on the following platforms:

Instagram: @wearheathermarie Facebook: @wearheathermarie LinkedIn: Heather Marie…

In regard to data collected from social media platforms, the CCPA considers us to be joint-controllers of the Personal Information on our branded pages. Please see the privacy policies of the social media platforms individually. The analytics provided to us by social media platforms may be used by the site owner as provided by and in accordance with the individual platforms’ policies.

Appropriate Authority for Complaints

Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact the Federal Trade Commission here.

Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “Contact Information and Social Media” above).

PRIVACY & COOKIES

PRIVACY POLICY

HEATHER MARIE DESIGNS
(“WEARHEATHERMARIE”)

Last Modified: September 26, 2024

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PRIVACY & COOKIES

PRIVACY POLICY

HEATHER MARIE DESIGNS (“WEARHEATHERMARIE”)

Last Modified: September 26, 2024

SIGN UP FOR EXCLUSIVE UPDATES

Hat Sizing Guide

Hat Ruler

Blog

Shipping Policy

Privacy Policy

Terms & Conditions

Linktree

HEATHER MARIE DESIGNS
(“WEARHEATHERMARIE”)