JAMES ALLEN PRIVACY POLICY

Last Updated: February 28, 2019

This privacy policy (“Privacy Policy”) governs how we, James Allen (service@jamesallen.com) (“James Allen” “we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”), such as in the following use cases:

• (i) When you browse or visit our website, https://www.jamesallen.com/ (“Website”)
• (ii) When you make use of, or interact with, our Website
  • a. When you create an account and purchase a product
  • b. When you request a customized design
  • c. When you use our “drop a hint” functionality
  • d. When you use our “refer a friend” functionality
  • e. When you use our “Tryon share” functionality
  • f. When you use our "Ambassador program" functionality
  • g. When you participate in our Ambassador Surveys
  • h. When you participate in our "Ambassador Pro Tips" functionality
  • i. When you send an “engagement moment”
  • j. When we request a review of our products / services
  • k. When you contact us for support or otherwise (e.g. customer support and/or via chat)
  • l. When you sign up for our newsletters/email list
• (iii) When we use the Personal Data of our service providers
• (iv) When you make use of the Digital Photo Booth in our store
• (v) When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being.

Table of contents:

• • What information we collect, why we collect it, and how it is used
• • Our lawful basis to process EU data
• • How we protect and store your personal data
• • How we share your personal data
• • Additional information regarding transfers of personal data
• • Your rights and choices
• • Use by children
• • Links to and interactions with third party products
• • How to contact us

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. what information we collect, why we collect it, and how it is used

2. Our Lawful Basis to Process EU Data

For data subjects in the European Union, we may use the information we collect from and about you for a variety of business purposes; in general to provide our services, offer you this website, improve customer experience and engagement, and develop the services. We are committed to protecting and maintaining the privacy of your information, and will process your data only in accordance with applicable data protection law and this Privacy Policy.

We will have a lawful basis for processing your data if:

• We need to process your information in order to provide you with the products or service you have requested (e.g., to fulfil an order; process a request by you; process a hint);
• Processing is necessary for the performance of a contract with you;
• You have consented to such processing;
• We have a legitimate interest for processing your data – e.g., for fraud prevention; network and information systems security; to provide the Website and ensure it functions properly; data analytics; enhancing modifying or improving our services; fulfil an order; identifying usage trends; determining the effectiveness of promotional campaigns; and/or
• We are legally obliged to process it.

3. how we protect and store your information

Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

Retention of your Personal Data. In addition to the retention periods mentioned in Section 1 above, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

4. How We May Share Your Information

In addition to the recipients described in Section 1, we may share your information as follows:

• Affiliates: We may share your information with our affiliates and subsidiaries for business, operational, promotional, and/or marketing purposes;
• Our Service Providers: We may share your information with our third party service providers that provide business, professional or technical support functions for us (including to the extent necessary or desirable to fulfill or ship your order or complete your transaction; provide customer support; process your purchases), help us operate our business and the Website, or administer activities on our behalf
• Select Third Parties: With our joint marketing partners for the purposes described in this Policy, including when we believe such partners may have offers of interest to you;
• Legal Matters; Safety: We may share your information to the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order. We also may disclose your information to protect the security of our Site, servers, network systems, and databases, including for fraud prevention purposes. We also may disclose your information as necessary, if we believe that there has been a violation of our Terms of Use, any other legal document or contract related to our services, or the rights of any third party.
• Sale or Transfer of Business or Assets: If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
• With Your Consent: Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with any marketing consents or opt-in to optional additional services or functionality, if required by applicable law).
• Aggregate or Anonymous Non-Personal Information: We may share aggregate, anonymous, or de-identified non-personal data with third parties for their marketing or analytics uses.

5. additional information regarding transfers of personal information

Access from Israel is covered by the adequacy decision issued by the European Commission. Access from the US is covered by our privacy shield registration.

We ensure transfers within the James Allen group will be covered by an agreement entered into by members of the James Allen group (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to.

Where we transfer your Personal Data outside of EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Some of these assurances are well recognized certification schemes like the EU - US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.

Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

6. Your Rights and Choices

A. EU Data Subject Rights

The following rights (which may be subject to certain exemptions or derogations), shall apply to individuals who are protected by the GDPR:

• You have a right to access information held about you. Your right of access is normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we amend any Personal Data we hold that it is inaccurate or misleading.
• You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
• The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
• The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority
• The right to withdraw your consent. Please note that t there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations.
• You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

You can exercise your rights by contacting us at service@jamesallen.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

B. Cookies, Tracking Options and California Do Not Track Disclosures

For California Residents: Our Website may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Website and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Website. 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. You are free to adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Website or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.

We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Website.

C. Interest-Based Advertising Choices

To understand your choices for receiving more relevant advertising provided on the Website or across other websites and online services, please review the information below:

• DAA: To opt-out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit: http://www.aboutads.info/choices.
• EDAA: To opt-out from the use of information about your online activities for interest-based advertising by European Interactive Digital Advertising Alliance (EDAA) participating companies, please visit: http://www.youronlinechoices.eu/.
• NAI: To opt-out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) participating companies, please visit: http://www.networkadvertising.org/choices/.
• For Mobile Devices: On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Even if you opt out, you still may receive advertising from us that is not customized based on your Service or usage information, or advertising from other third parties if they are not a DAA or NAI participating company.

7. use by children

We do not offer our products or services for use by children. If you are under 18, you may not use the Website, or provide any information to the Website. We do not knowingly collect information from, and/or about, children.

8. links to and interaction with third party products

The Site may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

9. google analytics

The Site may use a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. We use the information we get from Google Analytics to maintain and improve the Site and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

10. california privacy rights

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to service@jamesallen.com. Please note that we are only required to respond to one request per customer each year.

11. deletion of content from california residents

If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted. If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

12. contact us

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at service@jamesallen.com.