PRIVACY POLICY:
HEATHER MARIE DESIGNS

(“WEARHEATHERMARIE”)

Last Modified: September 17, 2022

I. Introduction

This Privacy Policy applies to Personal Information processed by Heather Marie Designs (“WearHeatherMarie,” “Heather Marie,” “We,” “Us,” and “Our”) in the course of our business, as collected from our Website (wearheathermarie.com; "Website"), other websites or applications, and third parties.

This Privacy Policy applies to information we collect:

  • On (and from) this Website.

  • In email, text, and other electronic messages between you and this Website.

  • 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.

This Privacy Policy does not apply to information collected by:

  • Any third party (including Affiliates and Subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

When we do collect information, we may be subject to various laws in the United States, such as the California Privacy Rights Act (“CPRA”), and the UK General Data Protection Regulation (“UK GDPR”) and the EU General Data Protection Regulation (“EU GDPR”) in relation to goods and services we offer to individuals in the European Economic Area (“EEA”), which includes the United Kingdom, making us responsible as “controller” of that personal information for the purposes of those laws.

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 Our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see 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.

II.Underage Users

The Children’s Online Privacy Protection Act of 1998 (“COPPA”) requires that we obtain parental consent before we allow children under the age of 13 to access and/or use our Services. We urge children to check with their parents before entering information through our Site and/or Services, and we recommend that parents discuss with their children restrictions regarding the online release of Personal Information (as defined below) to anyone they don’t know.

By visiting our Site and/or using our Services, or by permitting your child to use our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

We strive to help parents ensure that their children have a safe experience using our Services. Parents or legal guardians 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, and/or allow for our collection and use of their child’s Personal Information while withholding consent for us to disclose it to third parties. We take steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child’s parent or legal guardian.

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

California residents under 16 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see Section IV.E below for more information.

III.Data Collection

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, postal address, business address, e-mail address, telephone number, billing address, delivery address, any other personal identifier that permits the physical or online contacting of a specific individual, and any information concerning an individual that is combined with such a personal identifier. ("Personal Information");

  • That is about you but individually does not identify you, such as title, preferred pronoun, personal product preferences; and/or

  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

  • From third parties, for example, our business partners.

  • Information Provided to Us by You

The information we collect on or through our Website may include:

  • Forms. Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to our service or requesting further services. We may also ask you for information [when you enter a contest or promotion sponsored by us, and] when you report a problem with our Website.

  • Order Forms. We request information from you on our order form. To buy from us, you must provide contact information (such as name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

  • Correspondence. Records and copies of your correspondence (including email addresses) if you contact us.

  • Surveys and Contests. Occasionally, our Website requests 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). Contact information will be used to notify the winners and award prizes. Survey information will be used for the purposes of monitoring or improving the use and satisfaction of this Website.

  • Reviews. You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. However, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

  • Information Collected Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data    collection technologies to collect certain information about your equipment, 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.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website 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:

  1. Cookies (or browser cookies).

What are 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 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.

  1. 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 Choices Regarding the Use and Disclosure of Your Information (IV.C).

  1. Web Beacons.

Pages of this 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).

We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.

  1. Third-Party Use of Cookies and other Tracking Technologies

Some content or applications, including advertisements, on the Website 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.

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 Choices Regarding the Use and Disclosure of Your Information (IV.C). For information regarding social media analytics, please see The Privacy Policies of The Social Media Platforms (see VII.A).

IV.Your Information

  1. 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.

  1. Disclosure of Your Information

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

  1. Do We Share or Sell Your Information?

We may disclose 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 https://www.wix.com/about/privacy for how our Website host will use 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 Website 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.

 

However, the Company has not sold consumers' personal information in the preceding 12 months.

  1.  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.

  1. 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 F lash cookie settings, visit the F lash p layer settings page on Adobe's website. If you disable or refuse cookies, p lease note that some parts of this site may then be inaccessible or not function properly.

  • 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 pro mote 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.co m. 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.

California residents may have additional Personal Information rights and choices. Please see Section IV.E below for more information.

  1. 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 call us at our toll-free phone number listed in Section VII. 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

California residents may have additional Personal Information rights and choices. Please see Section IV.E below for more information.

  1. California Residents Only: Privacy Rights

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:

  • 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.

To exercise any of the rights listed above, you may submit a request using any of the methods listed in Section VII below. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

  1. Your Rights Under the GDPR.

If you are a resident of the EEA, the following rights may apply to you:

  • Right to Access. The right to be provided with a copy of your personal information (the right of access)

  • Right to Rectification. The right to require us to correct any mistakes in your personal information

  • Right to be Forgotten. The right to require us to delete your personal information—in certain situations

  • Right to Restriction of Processing. The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data

  • Right to Data Portability. The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.

  • Right to Object. The right to object at any time to your personal information being processed for direct marketing (including profiling), and in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.

  • Right Not to be Subject to Automated Individual Decision-Making. The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

For further information on each of those rights, including the circumstances in which they apply, visit http://www.gdpr.eu/

  1. How to File a GDPR Complaint.

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the EEA state where you work, normally live, or where any alleged infringement of data protection laws occurred.

V.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. Financial information regarding transactions, and other provided Personal Information will be encrypted using SSL technology.

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 trans mitted 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.

VI.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.

VII.  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

Toll-free number:        877- 677-8776

  1. 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, 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.

  1. 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.

  1. 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).