JAMES ALLEN PRIVACY POLICY

Last Updated: March 21, 2023

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:

• When you browse or visit our website, https://www.jamesallen.com/ (“Website”)
• When you make use of, or interact with, our Website
  • When you create an account and purchase a product
  • When you request a customized design
  • When you use our “drop a hint” functionality
  • When you use our “refer a friend” functionality
  • When you use our “Tryon share” functionality
  • When you apply to become an "Affiliate"
  • When you apply to become a "Content Creator"
  • When you apply to become an "Influencer"
  • When you participate in our surveys
  • When you send an “engagement moment”
  • When you submit a review of our products / services
  • When you contact us for support or otherwise (e.g. customer support and/or via chat)
  • When you sign up to receive our newsletters/email list/SMS/Sweepstakes/Promotions
  • When you complete an online form
• When we use the Personal Data of our service providers
• When you make use of the Digital Photo Booth in our store
• When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)

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:

• What information we collect, why we collect it, and how it is used
• How we protect and store your information
• How we share your Personal Data
• Additional information regarding transfers of Personal Data
• Your privacy rights and choices
• Cookies, tracking options and California do not track disclosures
• Use by children
• Links to and interaction with third party products
• Specific provisions applicable under California privacy law
• 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.

• WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

  Personal Data we collect	Why is the Personal Data collected and for what purposes?	Legal basis (only applicable under GDPR)	Consequences of not providing the Personal Data
  When you browse or visit our website
  When you make use of, or interact with, our Website
  Data through Cookies, pixels, log files, or other similar technologies	To collect and store information To review or improve the usage and operations of our Website To analyze trends To administer the Website To track users’ movement around the Website To gather demographic information To provide you with customized content, targeted offers, and advertising on the Website and across other third-party sites, and to determine the effectiveness of promotional campaigns	Consent Legitimate interest (e.g., essential cookies)	Cannot collect and store the information Cannot use or access some parts of the website Cannot obtain information about products or services based on your interests
  When you create an account and purchase a product
  Full name Email address Shipping\Billing address city, country, state, zip code (Account) Company details, if any. Phone number Credit card details, such as, credit card type, number, card's expiry date, CID Paypal Details	To allow you to create your account To process your order To send you the product To perform/execute the purchase/sale To send you a post-sale request for a review of the product(s) you purchased	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)	Cannot allow you to create your account Cannot process your order Cannot send you the product Cannot perform/execute the purchase/sale Cannot send you a post-sale request for a review of the product(s) you purchased
  When you request a customized design
  Full name Email Phone number Any other information that you decide to provide/supply us with	To process your request (e.g. regarding design customization)	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)	Cannot process the request
  When you use our “drop a hint” functionality
  Full name Email address Social media channel (e.g., Facebook, Twitter and Pinterest)	To process your instruction regarding hints you choose to drop	Legitimate interest (e.g. to allow you to use the drop a hint functionality)	Cannot process your hint request
  When you use our “refer a friend” functionality
  Full name Email address Friends name Friends email address Full name Email address	To process your “refer a friend” request To add you to the mailing list (consistent with your consent)	Consent Legitimate interest (e.g. to allow you to use the refer a friend functionality) Consent	Cannot process your request Cannot add you to the mailing list
  When you use our “Tryon share” functionality
  Full name Email address Friends name Friends email address Picture Full name Email address	To process your request to share photos To add you to the mailing list (consistent with your consent)	Consent Legitimate interest (e.g. to allow you to use the Tryon share functionality) Consent	Cannot process your request to share photos Cannot add you to the mailing list
  When you apply to become an “Affiliate”
  Full name Email address Gender Website Other channels you have Any other information you decide to provide us with	To process your request to be part of the James Allen Affiliate Program	Consent Legitimate interest (e.g. to allow you to use the Affiliate Program)	Cannot process your request to be part of James Allen Affiliate Program
  When you apply to become a "Content Creator"
  Full name Email address Instagram Handle Tiktok profile Youtube channel Blog Any other channels you have Any other information you decide to provide us with	To process your request to be part of the James Allen Content Creator Program	Consent Legitimate interest (e.g. to allow you to use Content Creator Program)	Cannot process your request to be part of James Allen Content Creator Program
  When you apply to become an "Influencer"
  Full name Email address Instagram Handle Tiktok profile Youtube channel Blog Any other channels you have Any other information you decide to provide us with	To process your request to be part of the James Allen Influencer Program	Consent Legitimate interest (e.g. to allow you to use the Influencer Program)	Cannot process your request to be part of James Allen Influencer Program
  When you participate in our surveys
  Full name Email address Gender Information related to the experience with James Allen Full name Email address	To process your answers to the surveys Please note that completing the survey/review is voluntary To add you to the mailing list (consistent with your consent)	Consent Consent	Cannot process your answers Cannot add you to the mailing list
  When you send an “engagement moment”
  Full name Email address Partner's full name Photo / picture Country and City Order id / ring ID Instagram account name Message (e.g. How you met your partner or engagement story) Any other data you decide to provide/supply	To process and sharing your “engagement moment” To send you a copy (if requested by you) To publish your engagement story on our website or James Allen channels (e.g. social networks (consistent with your consent))	Consent Legitimate interest (e.g. to allow you to send us your engagement moments)	Cannot process and publish your engagement story
  When we request a review of our products / services
  Email address Age Address Photo Information related to the experience with James Allen (E.g., How was the piece chosen?)	To process your review To analyze your experience with James Allen after the purchase To share/publish your photo on our social media channels (e.g. Instagram) Please note that completing the review is voluntary	Legitimate Interest (e.g., to send us your review for us to publish it).	Cannot process and share your review Cannot analyze your experience with James Allen Cannot share/publish your photo on social media
  When you contact us for support or otherwise (e.g. customer support and/or via chat)
  Full name Email Phone number Any other data you decide to provide/supply Full name Email Phone number	To answer your questions To provide you with support To analyze your experience with James Allen When you chat with us, we will offer you to receive marketing communications via email and SMS	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) Consent	Cannot assist you or respond your query Cannot provide support Cannot analyze your experience with James Allen Cannot send you marketing communications via email and SMS
  When you sign up to receive our newsletters, email list, SMS, Sweepstakes, Promotions, discounts or other financial incentives
  Full name Email address Phone number Birthday Gender	To add you to our mailing list To send newsletters, SMS or other marketing communications To allow you to enter to sweepstakes and/or promotions that you sign up for.	Consent, performance of a contract (the terms of the promotion or sweepstake in question) or legitimate interest (e.g., when you register yourself proactively to a promotion)	Cannot add you to our mailing list Cannot send you marketing communications (including, emails and SMS) Cannot enter you into our sweepstakes and/or promotions.
  When you complete an online form
  Full name Email address Phone number Depending the form, we collect additional information, for example: Your birthday and/or partner’s birthday Wedding date Gender Interest (rings, jewelry) Full name Email address Phone number	To customize your experience and preferences To provide you the service or reminders, as requested by you To send you information that we believe that is relevant or interested for you To send newsletters, SMS or other marketing communications To allow you to enter to sweepstakes and/or promotions that you sign up for (e.g., to receive a discount code)	Performance of a contract (the terms of the promotion or sweepstake in question) or legitimate interest (e.g., when you register to receive customized information) Consent	Cannot customize your experience and preferences Cannot provide you the service or reminders, as requested by you Cannot send you information that we believe that is relevant or interested for you Cannot send newsletters, SMS or other marketing communications Cannot allow you to enter to sweepstakes and/or promotions that you sign up for (e.g., to receive a discount code)
  When we use the Personal Data of our service providers
  Full name Email address Company name Phone number Any other data you decide to provide/supply us with	To contact our service providers To perform the applicable agreement	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 )	Cannot communicate with you Cannot perform the agreement
  When you make use of the Digital Photo Booth in our store
  Full name Email address Phone number Photo / picture Any other data you decide to provide/supply	To shoot a photo in the Digital Photo Booth To send you the photo by email and/or SMS To share/publish your photo on our social media channels (with your consent)	N/A This use case is not EU related	Cannot shoot photos Cannot send you by email and/or SMS the photo Cannot share/publish your photo on our social media channels
  When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)
  Full name Email address Any other data you decide to provide/supply	To reply and/or respond to your request or question	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	Cannot reply or respond to your request

  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, aggregate or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes and to share it with our partners. “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).

• HOW WE PROTECT AND STORE YOUR INFORMATION

  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. Regarding retention of cookies, you can read more in our cookie policy.

• HOW WE SHARE YOUR PERSONAL DATA

  We may share your information as follows:

  • Affiliates: We may share certain information with our affiliates and subsidiaries for business, operational, promotional, and/or marketing purposes. Please note that Personal Information obtained through the short code program (for SMS purposes) will not be shared with any third-parties for their marketing reasons/purposes;
  • Our Service Providers and partners: We share your Personal 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; payment processor), cloud service providers, survey and Sweepstake vendors, Website and web content creation platforms, help us operate and manage our business, IT and the Website, and/or administer activities, email providers, marketing, CRM, other similar tool providers, analytic and other tracking technologies companies. With our joint marketing partners (including, our affiliated companies) 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, or in the event of bankruptcy or a comparable event, 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).
  • If you want to receive the list of the current recipients of your Personal Data, you can request it by contacting us to service@jamesallen.com

• ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

  • Internal transfers: Transfers within the James Allen group will be covered by an internal processing agreement entered into by members of the James Allen group (an intra-group data processing agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to.
  • External transfers: Where we transfer your Personal Data outside of EU/EEA (for example to third parties who provide us with services), we will generally obtain contractual commitments from them to protect your Personal Data. When James Allen engages in such transfers of personal information, it relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU) 2016/679 (GDPR) (for example, when we access from Israel), or ii) Standard Contractual Clauses issued by the European Commission. James Allen also continually monitors the circumstances surrounding such transfers in order to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR.

• YOUR PRIVACY RIGHTS AND CHOICES

  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):

  • You have a right to access information held about you. Your right of access may 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 rectify any Personal Data we hold that it is inaccurate or misleading;
  • You have the right to request the erasure/deletion of your Personal Data (e.g. from our records).. Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
  • You have the right to object to or to request restriction of the processing.
  • 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 at any time. 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. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
  • You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality.

  5.2 Rights under CPRA and other applicable US laws: 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 CPRA:

  • You have the right to know what Personal Information is being collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom the business discloses Personal Information, and the specific pieces of Personal Information the business has collected;
  • You have a right to correct inaccurate Personal Information we have about you;
  • You have the right to request the deletion of your Personal Information (e.g. from our records and the records of our service providers), subject to certain exceptions. Please note that there may be circumstances in which we are required to retain your Personal Information, for example for the establishment, exercise or defense of legal claims;
  • You have the right to know whether your Personal Information is sold or disclosed and to whom;
  • You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see below for more information about the financial incentive(s) we offer.
  • Right to limit the use or disclosure of sensitive Personal Information
  • Right to Opt Out of sale or sharing of your Personal Information to third parties; and
  • You have the right to equal service and price, even if you exercise your privacy rights.

  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 CPRA, you can make your requests also via our toll-free telephone number: +1 877-826-9866. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. 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.

• COOKIES, TRACKING OPTIONS AND CALIFORNIA DO NOT TRACK DISCLOSURES

  • Cookies. Our Website 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. For more information, you can visit our cookie notice here
  • Do Not Track Notice. 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.
  • Log files. We use log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.
  • Analytic tools.
    • Google Analytics: The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, 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/.
    • Facebook Pixels. We use Facebook pixels, which is a tool that provides help to website owners and publishers, developers, advertisers, business partners (and their customers) and others integrate, use and exchange information with Facebook, as such the collection and use of information for ad targeting. Please note that third parties, including Facebook, use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. Facebook’s ability to use and share information is governed by the Facebook Tools Terms, available at: https://www.facebook.com/legal/technology_terms/. You can prevent your data from being used by Facebook Pixels and SDKs by exercising your choice through these mechanisms: http://www.aboutads.info/ choices or http://www.youronlinechoices.eu/.
    • Interest-Based Advertising Choices. Through our services, we allow third party advertising partners to set technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, Website identifiers, page(s) visited, location, time of day). We also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners will use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We allow access to other data collected by the services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your Personal Information with third party advertising partners, you may let us know. 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.
    • We reserve the right to remove or add new tools.

• use by children

  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.

• links to and interaction with third party products

  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.

• SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

  9.1 Introduction. This Section applicable to 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 and are protected by CPRA (defined below) (“consumers” or “you”). We adopt this Section to comply with the California Privacy Rights Act ("CPRA"). Any terms used in this Section not defined in this Section shall have the meaning given to such terms in the CPRA.

  9.2 Collection of Personal Information. 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. See Section ‎1 for more information about the categories of Personal Information (including, sensitive Personal Information, if any) and the purposes for which the Personal Information has been collected in the last twelve (12) months.

  9.3 Your Choices. You have certain choices about your Personal Information. For more information, see the descriptions of Section ‎5 ‎above.

  9.4 Sale/Sharing of Personal Information:
  (a) We do not sell your Personal Information in exchange for monetary compensation. We may, however, share your Personal Information with certain third parties (such as certain advertising services and other tracking technologies) or allow them to collect Personal Information via automated technologies or cookies on our Website for marketing / cross-context behavioral advertising purposes, internal technological and financial needs. This kind of sharing may be considered a “sale” or "sharing" under California law when the Personal Information is exchanged for non-monetary consideration. We share such information with such third parties for the purpose of cross-context behavioral advertising. The categories of Personal Information includes: identifiers such as a name, address, unique personal and online identifiers (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology), email address, account name, location data (which includes the location of the mobile device or tablet derived from GPS or WiFi use; the IP address of the mobile device or tablet or internet service used to access the Website and the AD ID; and other information made available by a user or others that indicates the current or prior location of the user, such as geotag information in photographs. You can opt-out of these third parties by clicking on the “Do Not Sell My Personal Information” link at the bottom of our Website or contacting us at service@jamesallen.com.
  (b) Please note that your use of our Website may still be tracked by James Allen and/or our service providers with tools and other technologies which may not be considered a sale or sharing of Personal Information.
  (c) We do not knowingly sell or share the Personal Information of consumers under 16 years of age.

  9.5 Financial Incentives for collection of Personal Information.
  (a) In certain cases, we may offer financial incentives related to the collection of Personal Information.
  (b) Users who sign up voluntarily for our marketing emails and/or text messages may receive a discount code or coupon to use on their purchase, as further described or indicated at collection. You may complete the relevant form to be eligible to receive this code or coupon by providing your email address and/or phone number (as applicable) and we may send you marketing communications thereafter. You have the right to unsubscribe at any time and can do so by clicking on the “Unsubscribe” link at the bottom of our marketing communications, or by texting “STOP” to our text messages.
  (c) Generally, the goal of our financial incentives is not to collect your Personal Information for further monetizing your Personal Information. Instead, the goal is to incentivize you to purchase from us. However, in the event that we are required by law to assign a value to your Personal Information in the context of financial incentives that we offer, we have valued the Personal Information collected and used as being equal to the value of the discount code or financial incentive offered, and the calculation of the value is based upon a reasonable and good-faith estimate often involving the consideration of (i) the categories of Personal Information collected (e.g., email address and/or phone number, as applicable), (ii) the value of the discount offered, and (iii) the value of the total purchase (excluding taxes and fees). The disclosure of the value described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards. \We reserve the right to change our financial incentives in the future and the goals thereof.

  9.6 We obtain the categories of Personal Information mentioned in Section 1 from the following sources:
  (a) Directly from you. For example, from forms you complete or products and services you purchase.
  (b) Indirectly from you. For example, from observing your actions on our Website via cookies and other tracking technologies.
  (c) From third-party business partners, who provide services regarding Personal Information publicly available and/or lead generation companies.

  9.7 For more information about our sharing practices, please see Section 3.

  9.8 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 CPRA. However, note that some features of our Website, our products and/or our services may not function without your Personal Information. To the extent prohibited by the CPRA, we will not: (i) Deny you goods or services, (ii) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, (iii) Provide you a different level or quality of goods or services, or (iv) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

  9.9 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

• HOW TO 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.