EFFECTIVE DATE: 04/25/2022
Communications From Us
To improve Our Services, We may ask Users to complete surveys that We use for research purposes, although Users do not have to respond to them. We may periodically send Users information regarding the Services, updates, promotional emails, new products, special offers, or other information which We think Users may find interesting. The information will be sent to Users via email, push notifications, internal messaging, and/or another form of the notification system. In such cases, We will use the email address or other contact information provided to Us by the User.
Information We May Collect From Users
Information you provide: When you register an account or complete a transaction through the Services, we collect some “Personal Information” (that is, any information that can be directly or indirectly associated with you), such as your name, title, email address, phone number, address, billing information and other similar information. You may also provide us with certain Personal Information of other people (e.g., if you are sending a gift to someone else).
Device Identifiers: When you access the Services by or through a device, we may access, collect, monitor and/or remotely store one or more “device identifiers”. Device identifiers allow us to uniquely identify your device and are used to enhance the Services (including sending updates and information from the Services). A device identifier may also be used in conjunction with other Personal Information.
Analytics: When you access our Services, we may collect information (either directly or using third party services) using logging and cookies which can sometimes be correlated with Personal Information. We use this information to monitor and analyze use and interest in the Services. See the section on “Service Providers” for more detail in this respect.
Log data: As with most website and technology services delivered over the Internet, our servers automatically collect information when you access or use our Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Services, the purchases that you make, the products you view, browser type and settings, the date and time the Services were accessed, information about browser configuration and plugins, language preferences and cookie data.
We may employ third party companies and individuals to facilitate the Services and our provision of products and services through the Site, to provide the Services on our behalf, to perform services related to the Services (as discussed above), to assist us in analyzing how our Services are used, and to assist us with business development and marketing efforts related to the Services (“Service Providers”). These Service Providers may have access to your Personal Information only to perform these tasks on our behalf. Some Service Providers may retain aggregated, anonymized data sets in which the individual may no longer be identified.
Accessing or Signing up Through a Third-party App or Website
We may receive personal information and data about Users from third parties and combine that with information and data We collect through Our Website. Such information and data may include email address, name, phone number, physical address, address book, contacts, and other personally identifying information. Similarly, when You interact with Us through a social media website or third-party service, such as when You like, follow or share Our content on Facebook, Twitter, or other websites or platforms, We may receive information that You permit those other websites to share with third parties. The information and data We receive from these third-party sites is dependent upon that third party’s policies and your privacy settings with them.
We use multiple server-based web analytics tools provided by service partners such as Google Analytics to collect information about how You interact with Our Website or mobile applications, including what pages You visit, what site You visited prior to visiting Our Website, how much time You spend on each page, what operating system and web browser You use and network and IP information. We use the information provided by these tools to improve Our Services. These tools place persistent cookies in Your browser to identify You as a unique user the next time You visit Our Website. Each cookie cannot be used by anyone other than the service provider (example: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which You reside. The information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies We use by utilizing settings in Your browser or third-party tools.
Targeted ads or interest-based offers may be presented to You based on Your activities on Our webpages, and other sites linked to Our Website and based on the products You currently own. These offers will display as varying product banners presented to You while browsing. We also partner with third parties to manage Our advertising. Our third-party partners may use technologies such as cookies to gather information about such activities in order to provide You with advertising based upon Your browsing activities and interests and to measure advertising effectiveness. If You wish to opt-out of interest-based advertising visit http://preferences-mgr.truste.com Please note You will continue to receive generic ads.
What We Do With the Information We Gather
We generally use information that we collect for the purposes of fulfilling our contractual obligations to you, in furtherance of our legitimate interests in operating the Services and our business and/or where you have consented to such usage.
More specifically, Queen of Hearts uses Personal Information:
To provide, update, maintain and protect the Services and our business. This includes use of Personal Information to support delivery of the Services, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at your request. Queen of Hearts may use your email address or phone number to send you notices (including any notices required by law, in lieu of communication by postal mail). If you correspond with Queen of Hearts by email, we may retain the content of your email messages, your email address and our responses.
To personalize your experience and improve customer service. This includes Personal Information to understand your buying/shopping preferences so that we may be able to advertise other products that you might be interested, to notify you of items left as uncompleted transactions in your shopping cart, and related communications. Your information also helps us to more effectively respond to your customer service requests and support needs. Given this is related to direct marketing, we have a legitimate interest in collecting and using your email and information about your abandoned shopping cart to communicate with you about you uncompleted transaction.
As required by applicable law, legal process or regulation. Queen of Hearts may in certain instances be compelled by law to process your Personal Information to comply with a binding order. We will only do so to the extent reasonably required by that order.
To communicate with you by responding to your transactions, requests, comments and questions. If you contact Queen of Hearts, Queen of Hearts may use your Personal Information to respond.
To send emails and other communications. Queen of Hearts may send you service, technical and other administrative emails, messages and other types of communications. Queen of Hearts may also contact you to inform you about changes in our products, and important notices, such as security and fraud notices.
To process transactions, including, billing, account management and other administrative matters. We will use your information to process transactions. This includes processing discount codes provided by our third-party brand ambassadors. We may need to contact you for invoicing, account management and similar reasons, and we use account data to administer accounts and keep track of billing and payments.
To investigate and help prevent security issues and abuse and to otherwise monitor the Site for violations of our policies or applicable laws. To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities and/or attempts to harm our users.
For marketing purposes. Queen of Hearts may use the information we collect, including Personal Information, to market our products and services to new and existing customers, and to understand our audience. Queen of Hearts may also use your Personal Information to send you marketing messages and may provide such information to third parties to send you information about our products and services. If you don’t want to receive these messages, you can opt out by following the instructions in the message. This includes determining your level of engagement with email or promotional marketing materials that are sent to you, including whether you opened an email or promotional marketing materials and/or otherwise engaged with it.
To improve our Site. We continually strive to improve our Site offerings based on the information and feedback we receive from our users and visitors.
Social Media, Posts, Texts, Forums, and Profiles
Each User agrees that Queen of Heart may make available through Our Website, third-party sites, or the Services certain forms of media either now existing or to be created in the future (for example, social media, message boards, chat functionality, videos, pictures, images, profile pages, text messaging and blogs) to which Users may be able to post Content. Please note that any Content, We, RSS providers, outside third parties, or Users provide on these various forms of media may become public, and may be available to visitors to Our Website, third party sites, and to the general public, including without limitation the ratings and reviews that accompany any pages on Our Website and third-party sites. We urge Users to exercise discretion and good manners when providing Content and deciding to disclose any personal information.
EACH USER AND CUSTOMER AGREES THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS CAUSED BY OUR USE OR THE USE BY ANY UNAUTHORIZED PERSON OR ENTITY, OF ANY CONTENT THAT USERS DISCLOSE THROUGH OUR WEBSITE, THIRD-PARTY SITES, OR THE USE OF THE SERVICES.
Compliance and Protection
We may use Personal Data to (legal basis for the respective processing in parentheses):
- protect Our Users rights, privacy, safety or property including by making and defending legal claims;
- audit Our internal processes for compliance with legal and contractual requirements and internal policies;
- enforce Our Terms;
- protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and
- comply with the Applicable Law, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.
Other Purposes with Your Consent
In some cases, We may ask You for consent (unless You have previously given it to Us) to collect, use or share Personal Data for other purposes. For example, We may ask You for consent to send marketing emails where required by law or to post testimonials or endorsements. In such cases, there will always be the ability to deny or revoke consent if desired.
Sweepstakes and Competitions
Information About Your Device and its Software
Information about Your device and its software includes Your IP address, browser type, internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows Us to identify Your browser, mobile device, or Your Account (including, for example, a persistent device identifier or an advertisement ID), and other similar information. We may also work with third-party partners to employ technologies, including statistical modeling tools, that permit Us to recognize and contact You across multiple devices. We use this device and software information to diagnose and fix technology problems, serve You personalized advertising, personalize Your experience, perform analytics/identify usage trends, and improve Our products and Services offered on or through Our Website.
Alert Us in case one of Your children under 18 is using Our Website trying to get access to our services. We’ll take measures to block access to Our Website from Your IP address. All affiliate websites cooperating with Our Company will be blocked for your child as well.
Security Not Guaranteed
Queen of Heart uses reasonable organizational, technical, and administrative measures to protect each User’s personal information under Our control. However, We cannot guarantee 100% percent protection and security of such personal information. Please do not email or text Us credit card information and/or other sensitive information.
What We Don’t do with the Information We Gather
We will not disclose, sell, distribute, rent, lease or use any of a User’s data or pass on any such personal information to third parties, which are not Our officers, directors, members, managing members, employees, business partners, affiliates, strategic partners, licensors, licensees, independent contractors, third-party service providers, agents or representatives, unless We have Your permission or are required by law to do so.
We do not store Your credit card information. The credit card information and actual processing do not take place on and is not stored on Our servers. The transaction is processed on the servers of the particular credit card processor We use to process the transaction.
We are committed to ensuring that personal information is secure. All non-financial information and Site Content provided to Us is stored on Our secure servers. In order to prevent unauthorized access or disclosure, We have taken all reasonable steps and put in place suitable safeguards to secure the information We collect from Users online.
We use following types of cookie files:
- Essential Cookies
These cookies are always active and necessary to the core functionality of our website and some of its features, such as access to secure areas.
- Analytics and Customization Cookies
These cookies collect information that can help us understand how our websites are being used. This information can also be used to measure effectiveness in our marketing campaigns or to curate a personalized site experience for you.
- Advertising Cookies
These cookies are used to make advertising messages more relevant to you. They prevent the same ad from continuously reappearing, ensure that ads are properly displayed for advertisers, and in some cases select advertisements that are based on your interests.
An IP (Internet Protocol) Address is automatically assigned to the computer that someone is using by their Internet Service Provider (ISP) and is identified and logged automatically in Our server log files whenever someone visits Our Website. This also allows Us to identify the time(s) of visit(s) and the page(s) of Our Website that have been visited. Our collecting of IP Addresses is considered a standard practice on the Internet and is done by many third-party sites.
We may also obtain information about a User’s physical location, such as by use of GPS and other geolocation features in Your computer, laptop, or mobile device, or from other information, We collect. For example, a User’s IP Address indicates the general geographic region from which they are connecting to the Internet.
Links to Third-Party Sites
Access to and Control Over Information We Send Users
From time to time Queen of Heart may send Users emails about special offers, discounts, products, or Services available through the Queen of Heart Website. Users can opt-out of receiving Our emails by clicking the unsubscribe button in the email.
Notice to individuals in the State of California
Your Rights as a California Resident
As a California resident, you may have certain rights in relation to your personal information.
Right to Know
You may have the right to know how we have collected, used and disclosed your personal information. Specifically, you may have the right to know:
The categories of personal information we have collected about you.
The categories of sources from which we have collected your personal information.
The business or commercial purpose for which we collect, sell or share your personal information.
The categories of third parties to whom we have disclosed your personal information.
The categories of personal information that we disclosed for a business purpose and the categories of third parties to whom your personal information was disclosed for a business purpose.
The categories of personal information we have “sold” to or “shared” with third parties and the categories of third parties to whom we have “sold” or “shared” your personal information.
You may have the right to know the specific pieces of personal information we have collected about you.
Right to Make a Deletion Request
You may have the right to request that we delete your personal information that we have collected about you. Subject to certain exceptions, we must delete your personal information and direct any service provider or contractor to delete your personal information.
Right to Correct Inaccurate Personal Information
You may have the right to request that we correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
Right to Opt-Out of Sales of Personal Information
You may have the right to opt-out of the sale of your personal information.
Right to Opt-Out of Sharing of Personal Information
You may have the right to opt-out of us sharing your personal information for cross-context behavioral advertising purposes.
Right to Limit Use and Disclosure of Sensitive Personal Information
Subject to certain exceptions, you may have the right to limit our use and disclosure of your sensitive personal information. We do not use or disclose sensitive personal information in a manner that gives rise to this right.
Right to Non-Discrimination
You have the right to not be discriminated against by us for choosing to exercise your rights under the CCPA.
Other Rights: Notice to California Consumers
You have other rights under California’s “Shine the Light” law. California Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, please contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Categories of Data that We Hold about You
As mentioned above, We maintain data about you in only pseudonymized form, which means that we do not know your identity because we do not process your name, email address, or other identifiable information. Instead, we only process digital identifiers such as cookie IDs, IP addresses, mobile advertising IDs on your device, network browsing history and associated preferences, and in some limited circumstances, your hashed email address.
Why We Collect Your Personal Information
We process your Personal Information in order to provide Services and personalized advertisements to You.
Where do We Collect Your Personal Information
We automatically collect User Information when Users interact with our Services that appear on our Customers’ websites and digital properties. Like most other web-based services, we collect this User Information through cookies and other technologies. We may also obtain Information about you from our data partners.
We collect Information either directly from you during your use of our Sites and Services or from third parties that independently collect this Information from you, and we may combine the Information that we collect from these various sources. For more information about these collection methods, please see Sections above.
How do We Share Your Personal Information
We may disclose or make available your pseudonymous Personal Information to our trusted partners. In most cases when we do so, we have contractually restricted their uses of this data for only Our business purposes. Under the CCPA, such disclosures of Personal Information to service providers are not deemed to be a “sale” and thus are not prohibited after you exercise your right to cease or restrict disclosures or sales of your Personal Information to third parties. In any instances where we have not entered into a service provider relationship with such third parties, we will stop sharing your Personal Information when you instruct us not to “sell” your Personal Information.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.We do not specifically market to children under 13.
Fair Information Practices
- The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
- In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur
- We will notify the users via in site notification
- Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
Notice to individuals in the State of Virginia
Your Rights as a Virginia Resident
As a Virginia resident, you may have certain rights in relation to your personal data.
Right to Confirm
You may have the right to confirm whether we process your personal data and to access such personal data.
Right to Delete
You may have the right to request that we delete your personal data that we have collected about you. Subject to certain exceptions, we must delete your personal data.
Right to Correct Inaccurate Personal Data
You may have the right to request that we correct inaccurate personal data about you, taking into account the nature of the personal data and the purposes of the processing of your personal data.
Right to Opt-Out of Processing of Personal Data for Targeted Advertising
You may have the right to opt-out of the processing of your personal data for purposes of targeted advertising.
Right to Opt-Out of the Sale of Personal Data
You may have the right to opt-out of the sale of your personal data.
Right to Opt-Out of Profiling
You may have the right to opt-out of the processing of your personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
Right to Obtain a Copy of Your Personal Data
You may have the right to obtain a copy of your personal data that you previously provided to us.
Right to Non-Discrimination
You have the right to not be discriminated against by us for choosing to exercise your rights under the VCDPA.
Notice to individuals in the State of Colorado
Your Rights as a Colorado Resident
As a Colorado resident, you may have certain rights in relation to your personal data.
Right to Access
You have “the right to confirm whether a controller is processing personal data concerning the consumer and to access the consumer’s personal data.”
Right to Correction
You have “the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.”
Right to Delete
You have “the right to delete personal data concerning the consumer.”
Right to Data Portability
You have “the right to obtain personal data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hindrance.”
Right to Opt-Out
Consumers have “the right to opt-out of the processing of personal data concerning the consumer for purposes of:
- targeted advertising
- the sale of personal data
- profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.”
Right to Appeal
According to the Colorado Privacy Act regulations, Your request must be responded to within 45 days of receipt. The covered entity may subsequently extend that deadline by an additional 45 days if they are able to show reasonable necessity. However, when the deadline is extended, You must be notified by Us within the initial 45-day response period.
Notice to individuals in the State of Utah
Your Rights as a Utah Resident
As a Utah resident, you may have certain rights in relation to your personal data.
Right to access, including confirming whether a controller is processing their data, and the ability to request and receive that data;
Right to deletion of personal data, if the data subject directly provided the data to the controller;
Right to portability, obtaining a copy of their personal data that they provided to the controller, in a format that is:
- portable to a technically reasonable extent
- readily usable to a practical extent
- enables the consumer to transmit the data to another controller reasonably easily, where the processing is carried out by automated means.
Right to opt out of certain processing, specifically for the sale of the personal data or the purposes of targeted advertising;
Some rights that are present in other US state-level laws, but absent from the UCPA, include the right to opt out of profiling and the right to correct (to request and have omissions or inaccuracies in one’s personal data corrected).
We under the Utah privacy law are not required to recognize “universal opt-out signals” as a method for consumers to opt out of data processing.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions;
- Process orders and to send information and updates pertaining to orders;
- We may also send you additional information related to your product and/or service.
To be in accordance with CAN SPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses;
- Identify the message as an advertisement in some reasonable way;
- Include the physical address of our business or site headquarters;
- Monitor third party email marketing services for compliance, if one is used;
- Honor opt-out/unsubscribe requests quickly;
- Allow users to unsubscribe by using the link at the bottom of each email.