Last Updated: July 13, 2022
This privacy policy (“Privacy Policy”) governs how we, James Allen (service@jamesallen.com) (“James Allen” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive to you (“User”, “you”), such as in the following use cases:
Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being and any information deemed as Personally Identifiable Information by privacy laws.
Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.
Table of contents:
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.
Personal Data we collect | Why is the Personal Data collected and for what purposes? | Legal basis (only applicable under GDPR) | Period of storage of Personal Data | Consequences of not providing the Personal Data | ||||||||
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When you browse or visit our website | ||||||||||||
When you make use of, or interact with, our Website | ||||||||||||
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| Consent Legitimate interest (e.g., essential cookies) | This depends on the cookie in question. Some cookies (e.g. essential cookies) cannot be disabled. You can opt out of tracking by Google Analytics by clicking here. You can also control and delete these cookies through your browser settings. Read more in our cookie policy |
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When you create an account and purchase a product | ||||||||||||
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| Performance of a contract to which the data subject is party (i.e. our terms of sale) or in order to take steps at the request of the data subject prior to entering into a contract (e.g. when you create your account) Legitimate interest (e.g. to allow you to purchase James Allen's products) | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you request a customized design | ||||||||||||
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| Performance of a contract to which the data subject is party (i.e. our terms of sale) or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. to allow you to purchase a customized design) | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you use our “drop a hint” functionality | ||||||||||||
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| Legitimate interest (e.g. to allow you to use the drop a hint functionality) | Until we no longer need the information and proactively delete it or you send a valid deletion request or you unsubscribe. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you use our “refer a friend” functionality | ||||||||||||
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| Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you use our “Tryon share” functionality | ||||||||||||
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| Until we no longer need the information and proactively delete it or you send a valid deletion request or you unsubscribe. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you use our “Ambassador Program” functionality | ||||||||||||
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| Until we no longer need the information and proactively delete it or you send a valid deletion request or you unsubscribe. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you participate in our Ambassador surveys | ||||||||||||
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| Until we no longer need the information and proactively delete it or you send a valid deletion request or you unsubscribe. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you participate in our "Ambassador Pro Tips" functionality | ||||||||||||
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| Consent Legitimate interest (e.g. to allow you to use the Ambassador Pro Tips functionality) | Until we no longer need the information and proactively delete it or you send a valid deletion request or you unsubscribe. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you send an “engagement moment” | ||||||||||||
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| Consent Legitimate interest (e.g. to allow you to send us your engagement moments) | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When we request a review of our products / services | ||||||||||||
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| Legitimate Interest (e.g., to send us your review for us to publish it). | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you contact us for support or otherwise (e.g. customer support and/or via chat) | ||||||||||||
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| Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. to allow you to purchase James Allen's products) | Until we no longer need the information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws. |
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When you sign up to receive our newsletters / email list / SMS | ||||||||||||
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| Consent | Until you send a deletion request or unsubscribe or we proactively decide to delete the data. Please note that under applicable laws, we may be required to retain the data for a longer or a shorter period. |
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When we use the Personal Data of our service providers | ||||||||||||
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| Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. to contact our service provider ) | Until you send a deletion request or unsubscribe or we proactively decide to delete the data. Please note that under applicable laws, we may be required to retain the data for a longer or a shorter period. |
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When you make use of the Digital Photo Booth in our store | ||||||||||||
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| N/A This use case is not EU related | Until you send a deletion request or unsubscribe or we proactively decide to delete the data. Please note that under applicable laws, we may be required to retain the data for a longer or a shorter period. |
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When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn) | ||||||||||||
| Depending on the context, our legal basis for collecting this information is the consent you give us for this purpose, legitimate interest (e.g., to send you more information about James Allen), and/or for the purposes of pre-contractual discussions | Until you send a deletion request or unsubscribe or we proactively decide to delete the data. Please note that under applicable laws, we may be required to retain the data for a longer or a shorter period. |
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Finally, please note that some of the abovementioned personal data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for network and information systems security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your personal data and further use it. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).
2.1. Security. We have implemented appropriate technical, organizational and security measures designed to protect your personal data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. 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.
2.2. Retention of your Personal Data. In addition to the retention periods mentioned 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. We have an internal data retention policy to ensure that we do not retain your personal data perpetually. Regarding retention of cookies, you can read more in our cookie policy.
We may share your information as follows:
5.1. Rights under GDPR: The following rights (which may be subject to certain exemptions or derogations), shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):
5.2. Rights under CCPA: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the CCPA:
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 or before the relevant institutions in your place of residence (e.g. the Attorney General in your State). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution. You can exercise your rights by contacting us at service@jamesallen.com or, if you are an individual protected by CCPA, you can make your requests by email or via our toll-free telephone number: +1 877-826-9866. 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 or verify your identity and for security purposes, before processing and/or honoring your request. 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.
5.3. Deleting your account: Should you ever decide to delete your account, you may do so by emailing service@jamesallen.com. If you terminate your account, any association between your account and personal data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.
5.4. . Marketing emails – opt-out: You may choose not to receive marketing email of this type by unsubscribing from the link that you can find at the bottom of the email to opt out of receiving future emails and we will process your request within a reasonable time after receipt.
5.5. Marketing SMS – opt-out: You may choose not to receive marketing SMS of this type by replying “STOP” to an SMS message you received or by contacting us at service@jamesallen.com and we will process your request within a reasonable time after receipt.
We do not offer our products or services for use by children and, therefore, we do not knowingly collect personal data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen 18, do not provide any personal data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide personal data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at service@jamesallen.com.
The Website enable you to interact with 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.
9.1. This Privacy Policy for California Residents supplements and is expressly made part of the information contained in this Privacy Policy, and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Privacy Policy to comply with the California Consumer Privacy Act of 2018 ("CCPA"). Any terms defined in the CCPA have the same meaning when used in this Privacy Policy.
9.2. We, including our Website, collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device. In particular, our websites and agents, have collected the mentioned categories of Personal Information in Section 1 from consumers within the last twelve (12) months.
9.3. Your Choices. You have certain choices about your Personal Information. Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time and prevent further processing by contacting us as described in this Privacy Policy. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our services and for other legal purposes as described above. While we cannot guarantee privacy perfection, we will address any issue to the best of our ability as soon as possible. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
9.4. Sale of Personal Information. Disclosure of Personal Information for business purposes. Financial incentives for collection of Personal Information. We do not sell any Personal Information and we do not disclose any Personal Information for any business purpose. Therefore, we have not sold or disclosed consumers’ Personal Information for a business purpose in the preceding 12 months. We do not offer financial incentives for collection of Personal Information.
9.5. We obtain the mentioned categories of Personal Information in Section 1 from the following categories of sources:
9.6. Questions. If you have further questions with respect the collection, use, disclosure or sale of your personal information, please make your request by contacting us to service@jamesallen.com.
9.7. Marketing emails – opt-out: You may choose not to receive marketing email of this type by sending a single email with the subject "BLOCK" to service@jamesallen.com. Please note that the email must come from the email account you wish to block.
9.8. Marketing SMS – opt-out: You may choose not to receive marketing SMS of this type by replying “STOP” to an SMS message you received or by contacting us at service@jamesallen.com and we will process your request within a reasonable time after receipt.
9.9. Non-Discrimination. If you decide to exercise your rights, you will not receive any discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA. However, note that some features of our Website, our products and/or our services will not function without your Personal Information. Unless permitted by the CCPA, we will not: