Privacy policy
Our Privacy Policy was posted on 6 Mar 2024 and last updated on 6 Mar
2024.
This Privacy Policy describes Our policies and procedures on the
collection, use and disclosure of Your information when You use the
Service and tells You about Your privacy rights and how the law protects
You.
We use Your Personal data to provide and improve the Service. By using
the Service, You agree to the collection and use of information in
accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the
same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our
Service or parts of our Service.
Business, for the purpose of the CCPA (California Consumer
Privacy Act), refers to the Company as the legal entity that collects
Consumers' personal information and determines the purposes
and means of the processing of Consumers' personal information,
or on behalf of which such information is collected and that alone,
or jointly with others, determines the purposes and means of the
processing of consumers' personal information, that does business
in the State of California.
Company (referred to as either "the Company", "We", "Us" or
"Our" in this Agreement) refers to darlingshopnyc.com website.
For the purpose of the GDPR, the Company is the Data Controller.
Consumer, for the purpose of the CCPA (California Consumer
Privacy Act), means a natural person who is a California resident.
A resident, as defined in the law, includes (1) every individual who
is in the USA for other than a temporary or transitory purpose, and
(2) every individual who is domiciled in the USA who is outside the
USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile
device or any other device by a website, containing the details of
Your browsing history on that website among its many uses.
Data Controller, for the purposes of the GDPR (General Data
Protection Regulation), refers to the Company as the legal person
which alone or jointly with others determines the purposes and
means of the processing of Personal Data.
Device means any device that can access the Service such as a
computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US
regulatory authorities, in particular the U.S. Federal Trade
Commission (FTC), for the Internet industry to develop and
implement a mechanism for allowing internet users to control the
tracking of their online activities across websites.
Personal Data is any information that relates to an identified or
identifiable individual.
For the purposes for GDPR, Personal Data means any information
relating to You such as a name, an identification number, location
data, online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or
social identity.
For the purposes of the CCPA, Personal Data means any
information that identifies, relates to, describes or is capable of
being associated with, or could reasonably be linked, directly or
indirectly, with You.
Sale, for the purpose of the CCPA (California Consumer Privacy
Act), means selling, renting, releasing, disclosing, disseminating,
making available, transferring, or otherwise communicating orally,
in writing, or by electronic or other means, a Consumer's personal
information to another business or a third party for monetary or
other valuable consideration.
Service refers to the Website.
Service Provider means any natural or legal person who
processes the data on behalf of the Company. It refers to third-
party companies or individuals employed by the Company to
facilitate the Service, to provide the Service on behalf of the
Company, to perform services related to the Service or to assist the
Company in analyzing how the Service is used. For the purpose of
the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated
by the use of the Service or from the Service infrastructure itself
(for example, the duration of a page visit).
Website refers to darlingshopnyc.com, accessible
from https://www.darlingshopnyc.com
You means the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is
accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be
referred to as the Data Subject or as the User as you are the
individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain
personally identifiable information that can be used to contact or identify
You. Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet
Protocol address (e.g. IP address), browser type, browser version, the
pages of our Service that You visit, the time and date of Your visit, the
time spent on those pages, unique device identifiers and other
diagnostic data.
When You access the Service by or through a mobile device, We may
collect certain information automatically, including, but not limited to, the
type of mobile device You use, Your mobile device unique ID, the IP
address of Your mobile device, Your mobile operating system, the type
of mobile Internet browser You use, unique device identifiers and other
diagnostic data.
We may also collect information that Your browser sends whenever You
visit our Service or when You access the Service by or through a mobile
device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on
Our Service and store certain information. Tracking technologies used
are beacons, tags, and scripts to collect and track information and to
improve and analyze Our Service. The technologies We use may
include:
Cookies or Browser Cookies. A cookie is a small file placed on
Your Device. You can instruct Your browser to refuse all Cookies or
to indicate when a Cookie is being sent. However, if You do not
accept Cookies, You may not be able to use some parts of our
Service. Unless you have adjusted Your browser setting so that it
will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may
contain small electronic files known as web beacons (also referred
to as clear gifs, pixel tags, and single-pixel gifs) that permit the
Company, for example, to count users who have visited those
pages or opened an email and for other related website statistics
(for example, recording the popularity of a certain section and
verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies
remain on Your personal computer or mobile device when You go offline,
while Session Cookies are deleted as soon as You close Your web
browser.
We use both Session and Persistent Cookies for the purposes set out
below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services
available through the Website and to enable You to use some of its
features. They help to authenticate users and prevent fraudulent
use of user accounts. Without these Cookies, the services that You
have asked for cannot be provided, and We only use these
Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of
cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make
when You use the Website, such as remembering your login details
or language preference. The purpose of these Cookies is to
provide You with a more personal experience and to avoid You
having to re-enter your preferences every time You use the
Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic
to the Website and how users use the Website. The information
gathered via these Cookies may directly or indirectly identify you as
an individual visitor. This is because the information collected is
typically linked to a pseudonymous identifier associated with the
device you use to access the Website. We may also use these
Cookies to test new pages, features or new functionality of the
Website to see how our users react to them.
For more information about the cookies we use and your choices
regarding cookies, please visit our Cookies Policy or the Cookies section
of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the
usage of our Service.
To manage Your Account: to manage Your registration as a user
of the Service. The Personal Data You provide can give You
access to different functionalities of the Service that are available
to You as a registered user.
For the performance of a contract: the development, compliance
and undertaking of the purchase contract for the products, items or
services You have purchased or of any other contract with Us
through the Service.
To contact You: To contact You by email, telephone calls, SMS, or
other equivalent forms of electronic communication, such as a
mobile application's push notifications regarding updates or
informative communications related to the functionalities, products
or contracted services, including the security updates, when
necessary or reasonable for their implementation.
To provide You with news, special offers and general information
about other goods, services and events which we offer that are
similar to those that you have already purchased or enquired about
unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests
to Us.
For business transfers: We may use Your information to evaluate
or conduct a merger, divestiture, restructuring, reorganization,
dissolution, or other sale or transfer of some or all of Our assets,
whether as a going concern or as part of bankruptcy, liquidation, or
similar proceeding, in which Personal Data held by Us about our
Service users is among the assets transferred.
For other purposes: We may use Your information for other
purposes, such as data analysis, identifying usage trends,
determining the effectiveness of our promotional campaigns and to
evaluate and improve our Service, products, services, marketing
and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information
with Service Providers to monitor and analyze the use of our
Service, for payment processing, to contact You.
For business transfers: We may share or transfer Your personal
information in connection with, or during negotiations of, any
merger, sale of Company assets, financing, or acquisition of all or a
portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates,
in which case we will require those affiliates to honor this Privacy
Policy. Affiliates include Our parent company and any other
subsidiaries, joint venture partners or other companies that We
control or that are under common control with Us.
With business partners: We may share Your information with Our
business partners to offer You certain products, services or
promotions.
With other users: when You share personal information or
otherwise interact in the public areas with other users, such
information may be viewed by all users and may be publicly
distributed outside.
With Your consent: We may disclose Your personal information
for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is
necessary for the purposes set out in this Privacy Policy. We will retain
and use Your Personal Data to the extent necessary to comply with our
legal obligations (for example, if we are required to retain your data to
comply with applicable laws), resolve disputes, and enforce our legal
agreements and policies.
The Company will also retain Usage Data for internal analysis purposes.
Usage Data is generally retained for a shorter period of time, except
when this data is used to strengthen the security or to improve the
functionality of Our Service, or We are legally obligated to retain this
data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the
Company's operating offices and in any other places where the parties
involved in the processing are located. It means that this information
may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental
jurisdiction where the data protection laws may differ than those from
Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that
Your data is treated securely and in accordance with this Privacy Policy
and no transfer of Your Personal Data will take place to an organization
or a country unless there are adequate controls in place including the
security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your
Personal Data is transferred and becomes subject to a different Privacy
Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose
Your Personal Data if required to do so by law or in response to valid
requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief
that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the
Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that
no method of transmission over the Internet, or method of electronic
storage is 100% secure. While We strive to use commercially acceptable
means to protect Your Personal Data, We cannot guarantee its absolute
security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data.
These third-party vendors collect, store, use, process and transfer
information about Your activity on Our Service in accordance with their
Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use
of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that
tracks and reports website traffic. Google uses the data collected to
track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to
contextualize and personalize the ads of its own advertising
network.
You can opt-out of having made your activity on the Service
available to Google Analytics by installing the Google Analytics
opt-out browser add-on. The add-on prevents the Google Analytics
JavaScript (ga.js, analytics.js and dc.js) from sharing information
with Google Analytics about visits activity.
For more information on the privacy practices of Google, please
visit the Google Privacy & Terms web
page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters,
marketing or promotional materials and other information that may be of
interest to You. You may opt-out of receiving any, or all, of these
communications from Us by following the unsubscribe link or instructions
provided in any email We send or by contacting Us.
Payments
We may provide paid products and/or services within the Service. In that
case, we may use third-party services for payment processing (e.g.
payment processors).
We will not store or collect Your payment card details. That information is
provided directly to Our third-party payment processors whose use of
Your personal information is governed by their Privacy Policy. These
payment processors adhere to the standards set by PCI-DSS as
managed by the PCI Security Standards Council, which is a joint effort of
brands like Visa, Mastercard, American Express and Discover. PCI-DSS
requirements help ensure the secure handling of payment information.
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement
of our Service.
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing Personal
Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is
necessary for the performance of an agreement with You and/or for
any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for
compliance with a legal obligation to which the Company is
subject.
Vital interests: Processing Personal Data is necessary in order to
protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task
that is carried out in the public interest or in the exercise of official
authority vested in the Company.
Legitimate interests: Processing Personal Data is necessary for
the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal
basis that applies to the processing, and in particular whether the
provision of Personal Data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal
Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within
the EU, to:
Request access to Your Personal Data. The right to access,
update or delete the information We have on You. Whenever made
possible, you can access, update or request deletion of Your
Personal Data directly within Your account settings section. If you
are unable to perform these actions yourself, please contact Us to
assist You. This also enables You to receive a copy of the Personal
Data We hold about You.
Request correction of the Personal Data that We hold about
You. You have the right to have any incomplete or inaccurate
information We hold about You corrected.
Object to processing of Your Personal Data. This right exists
where We are relying on a legitimate interest as the legal basis for
Our processing and there is something about Your particular
situation, which makes You want to object to our processing of
Your Personal Data on this ground. You also have the right to
object where We are processing Your Personal Data for direct
marketing purposes.
Request erasure of Your Personal Data. You have the right to
ask Us to delete or remove Personal Data when there is no good
reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will provide to
You, or to a third-party You have chosen, Your Personal Data in a
structured, commonly used, machine-readable format. Please note
that this right only applies to automated information which You
initially provided consent for Us to use or where We used the
information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your
consent on using your Personal Data. If You withdraw Your
consent, We may not be able to provide You with access to certain
specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and
opposition by contacting Us. Please note that we may ask You to verify
Your identity before responding to such requests. If You make a request,
We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our
collection and use of Your Personal Data. For more information, if You
are in the European Economic Area (EEA), please contact Your local
data protection authority in the EEA.
Instagram Fan Page
Data Controller for the Instagram Fan Page
The Company is the Data Controller of Your Personal Data collected
while using the Service. As operator of our Instagram Fan Page, the
Company and the operator of the social network Instagram are Joint
Controllers.
The Company has entered into agreements with Instagram that define
the terms for use of the Instagram Fan Page, among other things. These
terms are mostly based on the Instagram Terms of
Service: https://www.instagram.com/terms.php
Visit the Instagram Privacy
Policy https://www.instragram.com/policy.php for more information about
how Instangram manages Personal data or contact Instagram online
Instagram Insights
We use the Instragram Insights function in connection with the operation
of the Instagram Fan Page and on the basis of the GDPR, in order to
obtain anonymized statistical data about Our users.
For this purpose, Instagram places a Cookie on the device of the user
visiting Our Instagram Fan Page. Each Cookie contains a unique
identifier code and remains active for a period of two years, except when
it is deleted before the end of this period.
Instagram receives, records and processes the information stored in the
Cookie, especially when the user visits the Instragram services, services
that are provided by other members of the Instagram Fan Page and
services by other companies that use Instagram services.
For more information on the privacy practices of Instagram, please visit
Instagram Privacy Policy
here: https://www.instagram.com/privacy/explanation
CCPA Privacy
This privacy notice section for California residents supplements the
information contained in Our Privacy Policy and it applies solely to all
visitors, users, and others who reside in the State of California.
Categories of Personal Information Collected
We 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. The following is a list
of categories of personal information which we may collect or may have
been collected from California residents within the last twelve (12)
months.
Please note that the categories and examples provided in the list below
are those defined in the CCPA. This does not mean that all examples of
that category of personal information were in fact collected by Us, but
reflects our good faith belief to the best of our knowledge that some of
that information from the applicable category may be and may have
been collected. For example, certain categories of personal information
would only be collected if You provided such personal information
directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal
identifier, online identifier, Internet Protocol address, email address,
account name, driver's license number, passport number, or other
similar identifiers.
Collected: Yes.
Category B: Personal information categories listed in the
California Customer Records statute (Cal. Civ. Code §
1798.80(e)).
Examples: A name, signature, Social Security number, physical
characteristics or description, address, telephone number, passport
number, driver's license or state identification card number,
insurance policy number, education, employment, employment
history, bank account number, credit card number, debit card
number, or any other financial information, medical information, or
health insurance information. Some personal information included
in this category may overlap with other categories.
Collected: Yes.
Category C: Protected classification characteristics under
California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national
origin, citizenship, religion or creed, marital status, medical
condition, physical or mental disability, sex (including gender,
gender identity, gender expression, pregnancy or childbirth and
related medical conditions), sexual orientation, veteran or military
status, genetic information (including familial genetic information).
Collected: No.
Category D: Commercial information.
Examples: Records and history of products or services purchased
or considered.
Collected: Yes.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological
characteristics, or activity patterns used to extract a template or
other identifier or identifying information, such as, fingerprints,
faceprints, and voiceprints, iris or retina scans, keystroke, gait, or
other physical patterns, and sleep, health, or exercise data.
Collected: No.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar
information.
Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
Category J: Non-public education information (per the Family
Educational Rights and Privacy Act (20 U.S.C. Section 1232g,
34 C.F.R. Part 99)).
Examples: Education records directly related to a student
maintained by an educational institution or party acting on its
behalf, such as grades, transcripts, class lists, student schedules,
student identification codes, student financial information, or
student disciplinary records.
Collected: No.
Category K: Inferences drawn from other personal
information.
Examples: Profile reflecting a person's preferences, characteristics,
psychological trends, predispositions, behavior, attitudes,
intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include:
Publicly available information from government records
Deidentified or aggregated consumer information
Information excluded from the CCPA's scope, such as:
o Health or medical information covered by the Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
and the California Confidentiality of Medical Information Act
(CMIA) or clinical trial data
o Personal Information covered by certain sector-specific
privacy laws, including the Fair Credit Reporting Act (FRCA),
the Gramm-Leach-Bliley Act (GLBA) or California Financial
Information Privacy Act (FIPA), and the Driver's Privacy
Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listed above from the
following categories of sources:
Directly from You. For example, from the forms You complete on
our Service, preferences You express or provide through our
Service, or from Your purchases on our Service.
Indirectly from You. For example, from observing Your activity on
our Service.
Automatically from You. For example, through cookies We or our
Service Providers set on Your Device as You navigate through our
Service.
From Service Providers. For example, third-party vendors to
monitor and analyze the use of our Service, third-party vendors for
payment processing, or other third-party vendors that We use to
provide the Service to You.
Use of Personal Information for Business Purposes or Commercial
Purposes
We may use or disclose personal information We collect for "business
purposes" or "commercial purposes" (as defined under the CCPA),
which may include the following examples:
To operate our Service and provide You with our Service.
To provide You with support and to respond to Your inquiries,
including to investigate and address Your concerns and monitor
and improve our Service.
To fulfill or meet the reason You provided the information. For
example, if You share Your contact information to ask a question
about our Service, We will use that personal information to respond
to Your inquiry. If You provide Your personal information to
purchase a product or service, We will use that information to
process Your payment and facilitate delivery.
To respond to law enforcement requests and as required by
applicable law, court order, or governmental regulations.
As described to You when collecting Your personal information or
as otherwise set forth in the CCPA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious,
deceptive, fraudulent or illegal activity, including, when necessary,
to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not
intended to be exhaustive. For more details on how we use this
information, please refer to the "Use of Your Personal Data" section.
If We decide to collect additional categories of personal information or
use the personal information We collected for materially different,
unrelated, or incompatible purposes We will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or Commercial
Purposes
We may use or disclose and may have used or disclosed in the last
twelve (12) months the following categories of personal information for
business or commercial purposes:
Category A: Identifiers
Category B: Personal information categories listed in the California
Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the
CCPA. This does not mean that all examples of that category of personal
information were in fact disclosed, but reflects our good faith belief to the
best of our knowledge that some of that information from the applicable
category may be and may have been disclosed.
When We disclose personal information for a business purpose or a
commercial purpose, We enter a contract that describes the purpose
and requires the recipient to both keep that personal information
confidential and not use it for any purpose except performing the
contract.
Sale of Personal Information
As defined in the CCPA, "sell" and "sale" mean selling, renting,
releasing, disclosing, disseminating, making available, transferring, or
otherwise communicating orally, in writing, or by electronic or other
means, a consumer's personal information by the business to a third
party for valuable consideration. This means that We may have received
some kind of benefit in return for sharing personal information, but not
necessarily a monetary benefit.
Please note that the categories listed below are those defined in the
CCPA. This does not mean that all examples of that category of personal
information were in fact sold, but reflects our good faith belief to the best
of our knowledge that some of that information from the applicable
category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the
following categories of personal information:
Category A: Identifiers
Category B: Personal information categories listed in the California
Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above
categories with the following categories of third parties:
Service Providers
Payment processors
Our affiliates
Our business partners
Third party vendors to whom You or Your agents authorize Us to
disclose Your personal information in connection with products or
services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not knowingly collect personal information from minors under the
age of 16 through our Service, although certain third party websites that
we link to may do so. These third-party websites have their own terms of
use and privacy policies and we encourage parents and legal guardians
to monitor their children's Internet usage and instruct their children to
never provide information on other websites without their permission.
We do not sell the personal information of Consumers We actually know
are less than 16 years of age, unless We receive affirmative
authorization (the "right to opt-in") from either the Consumer who is
between 13 and 16 years of age, or the parent or guardian of a
Consumer less than 13 years of age. Consumers who opt-in to the sale
of personal information may opt-out of future sales at any time. To
exercise the right to opt-out, You (or Your authorized representative) may
submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has
provided Us with personal information, please contact Us with sufficient
detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding
their personal information. If You are a resident of California, You have
the following rights:
The right to notice. You have the right to be notified which
categories of Personal Data are being collected and the purposes
for which the Personal Data is being used.
The right to request. Under CCPA, You have the right to request
that We disclose information to You about Our collection, use, sale,
disclosure for business purposes and share of personal
information. Once We receive and confirm Your request, We will
disclose to You:
o The categories of personal information We collected about
You
o The categories of sources for the personal information We
collected about You
o Our business or commercial purpose for collecting or selling
that personal information
o The categories of third parties with whom We share that
personal information
o The specific pieces of personal information We collected
about You
o If we sold Your personal information or disclosed Your
personal information for a business purpose, We will disclose
to You:
The categories of personal information categories sold
The categories of personal information categories
disclosed
The right to say no to the sale of Personal Data (opt-out). You
have the right to direct Us to not sell Your personal information. To
submit an opt-out request please contact Us.
The right to delete Personal Data. You have the right to request
the deletion of Your Personal Data, subject to certain exceptions.
Once We receive and confirm Your request, We will delete (and
direct Our Service Providers to delete) Your personal information
from our records, unless an exception applies. We may deny Your
deletion request if retaining the information is necessary for Us or
Our Service Providers to:
o Complete the transaction for which We collected the personal
information, provide a good or service that You requested,
take actions reasonably anticipated within the context of our
ongoing business relationship with You, or otherwise perform
our contract with You.
o Detect security incidents, protect against malicious,
deceptive, fraudulent, or illegal activity, or prosecute those
responsible for such activities.
o Debug products to identify and repair errors that impair
existing intended functionality.
o Exercise free speech, ensure the right of another consumer
to exercise their free speech rights, or exercise another right
provided for by law.
o Comply with the California Electronic Communications
Privacy Act (Cal. Penal Code § 1546 et. seq.).
o Engage in public or peer-reviewed scientific, historical, or
statistical research in the public interest that adheres to all
other applicable ethics and privacy laws, when the
information's deletion may likely render impossible or
seriously impair the research's achievement, if You previously
provided informed consent.
o Enable solely internal uses that are reasonably aligned with
consumer expectations based on Your relationship with Us.
o Comply with a legal obligation.
o Make other internal and lawful uses of that information that
are compatible with the context in which You provided it.
The right not to be discriminated against. You have the right not
to be discriminated against for exercising any of Your consumer's
rights, including by:
o Denying goods or services to You
o Charging different prices or rates for goods or services,
including the use of discounts or other benefits or imposing
penalties
o Providing a different level or quality of goods or services to
You
o Suggesting that You will receive a different price or rate for
goods or services or a different level or quality of goods or
services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a
California resident, You can contact Us at hello@darlingshopnyc.com.
Only You, or a person registered with the California Secretary of State
that You authorize to act on Your behalf, may make a verifiable request
related to Your personal information.
Your request to Us must:
Provide sufficient information that
allows Us to reasonably verify You
are the person about whom We
collected personal information or an
authorized representative
Describe Your request with sufficient
detail that allows Us to properly
understand, evaluate, and respond
to it
We cannot respond to Your request or provide You with the required
information if we cannot:
Verify Your identity or authority to make the request
And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge
within 45 days of receiving Your verifiable request. The time period to
provide the required information may be extended once by an additional
45 days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period
preceding the verifiable request's receipt.
For data portability requests, We will select a format to provide Your
personal information that is readily useable and should allow You to
transmit the information from one entity to another entity without
hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information.
Once We receive and confirm a verifiable consumer request from You,
we will stop selling Your personal information. To exercise Your right to
opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or
advertising partners) may use technology on the Service that sells
personal information as defined by the CCPA law. If you wish to opt out
of the use of Your personal information for interest-based advertising
purposes and these potential sales as defined under CCPA law, you may
do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may
need to opt out on every browser that You use.
Website
You can opt out of receiving ads that are personalized as served by our
Service Providers by following our instructions presented on the Service:
The NAI's opt-out
platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.youronlinechoices.com/
The DAA's opt-out
platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the
browser You use to opt out. If you change browsers or delete the cookies
saved by your browser, You will need to opt out again.
Mobile Devices
Your mobile device may give You the ability to opt out of the use of
information about the apps You use in order to serve You ads that are
targeted to Your interests:
"Opt out of Interest-Based Ads" or "Opt out of Ads Personalization"
on Android devices
"Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile
device by changing the preferences on Your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection
Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing
activities. If You are visiting such websites, You can set Your preferences
in Your web browser to inform websites that You do not want to be
tracked. You can enable or disable DNT by visiting the preferences or
settings page of Your web browser.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not
knowingly collect personally identifiable information from anyone under
the age of 13. If You are a parent or guardian and You are aware that
Your child has provided Us with Personal Data, please contact Us. If We
become aware that We have collected Personal Data from anyone under
the age of 13 without verification of parental consent, We take steps to
remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your
information and Your country requires consent from a parent, We may
require Your parent's consent before We collect and use that information.
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light
law), California residents with an established business relationship with
us can request information once a year about sharing their Personal
Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the
Light law, and if You are a California resident, You can contact Us using
the contact information provided below.
California Privacy Rights for Minor Users (California Business and
Professions Code Section 22581)
California Business and Professions Code section 22581 allow California
residents under the age of 18 who are registered users of online sites,
services or applications to request and obtain removal of content or
information they have publicly posted.
To request removal of such data, and if You are a California resident,
You can contact Us using the contact information provided below, and
include the email address associated with Your account.
Be aware that Your request does not guarantee complete or
comprehensive removal of content or information posted online and that
the law may not permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by
Us. If You click on a third party link, You will be directed to that third
party's site. We strongly advise You to review the Privacy Policy of every
site You visit.
We have no control over and assume no responsibility for the content,
privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You
of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service,
prior to the change becoming effective and update the "Last updated"
date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any
changes. Changes to this Privacy Policy are effective when they are
posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us
at hello@darlingshopnyc.com.
2024.
This Privacy Policy describes Our policies and procedures on the
collection, use and disclosure of Your information when You use the
Service and tells You about Your privacy rights and how the law protects
You.
We use Your Personal data to provide and improve the Service. By using
the Service, You agree to the collection and use of information in
accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the
same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our
Service or parts of our Service.
Business, for the purpose of the CCPA (California Consumer
Privacy Act), refers to the Company as the legal entity that collects
Consumers' personal information and determines the purposes
and means of the processing of Consumers' personal information,
or on behalf of which such information is collected and that alone,
or jointly with others, determines the purposes and means of the
processing of consumers' personal information, that does business
in the State of California.
Company (referred to as either "the Company", "We", "Us" or
"Our" in this Agreement) refers to darlingshopnyc.com website.
For the purpose of the GDPR, the Company is the Data Controller.
Consumer, for the purpose of the CCPA (California Consumer
Privacy Act), means a natural person who is a California resident.
A resident, as defined in the law, includes (1) every individual who
is in the USA for other than a temporary or transitory purpose, and
(2) every individual who is domiciled in the USA who is outside the
USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile
device or any other device by a website, containing the details of
Your browsing history on that website among its many uses.
Data Controller, for the purposes of the GDPR (General Data
Protection Regulation), refers to the Company as the legal person
which alone or jointly with others determines the purposes and
means of the processing of Personal Data.
Device means any device that can access the Service such as a
computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US
regulatory authorities, in particular the U.S. Federal Trade
Commission (FTC), for the Internet industry to develop and
implement a mechanism for allowing internet users to control the
tracking of their online activities across websites.
Personal Data is any information that relates to an identified or
identifiable individual.
For the purposes for GDPR, Personal Data means any information
relating to You such as a name, an identification number, location
data, online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or
social identity.
For the purposes of the CCPA, Personal Data means any
information that identifies, relates to, describes or is capable of
being associated with, or could reasonably be linked, directly or
indirectly, with You.
Sale, for the purpose of the CCPA (California Consumer Privacy
Act), means selling, renting, releasing, disclosing, disseminating,
making available, transferring, or otherwise communicating orally,
in writing, or by electronic or other means, a Consumer's personal
information to another business or a third party for monetary or
other valuable consideration.
Service refers to the Website.
Service Provider means any natural or legal person who
processes the data on behalf of the Company. It refers to third-
party companies or individuals employed by the Company to
facilitate the Service, to provide the Service on behalf of the
Company, to perform services related to the Service or to assist the
Company in analyzing how the Service is used. For the purpose of
the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated
by the use of the Service or from the Service infrastructure itself
(for example, the duration of a page visit).
Website refers to darlingshopnyc.com, accessible
from https://www.darlingshopnyc.com
You means the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is
accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be
referred to as the Data Subject or as the User as you are the
individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain
personally identifiable information that can be used to contact or identify
You. Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet
Protocol address (e.g. IP address), browser type, browser version, the
pages of our Service that You visit, the time and date of Your visit, the
time spent on those pages, unique device identifiers and other
diagnostic data.
When You access the Service by or through a mobile device, We may
collect certain information automatically, including, but not limited to, the
type of mobile device You use, Your mobile device unique ID, the IP
address of Your mobile device, Your mobile operating system, the type
of mobile Internet browser You use, unique device identifiers and other
diagnostic data.
We may also collect information that Your browser sends whenever You
visit our Service or when You access the Service by or through a mobile
device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on
Our Service and store certain information. Tracking technologies used
are beacons, tags, and scripts to collect and track information and to
improve and analyze Our Service. The technologies We use may
include:
Cookies or Browser Cookies. A cookie is a small file placed on
Your Device. You can instruct Your browser to refuse all Cookies or
to indicate when a Cookie is being sent. However, if You do not
accept Cookies, You may not be able to use some parts of our
Service. Unless you have adjusted Your browser setting so that it
will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may
contain small electronic files known as web beacons (also referred
to as clear gifs, pixel tags, and single-pixel gifs) that permit the
Company, for example, to count users who have visited those
pages or opened an email and for other related website statistics
(for example, recording the popularity of a certain section and
verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies
remain on Your personal computer or mobile device when You go offline,
while Session Cookies are deleted as soon as You close Your web
browser.
We use both Session and Persistent Cookies for the purposes set out
below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services
available through the Website and to enable You to use some of its
features. They help to authenticate users and prevent fraudulent
use of user accounts. Without these Cookies, the services that You
have asked for cannot be provided, and We only use these
Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of
cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make
when You use the Website, such as remembering your login details
or language preference. The purpose of these Cookies is to
provide You with a more personal experience and to avoid You
having to re-enter your preferences every time You use the
Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic
to the Website and how users use the Website. The information
gathered via these Cookies may directly or indirectly identify you as
an individual visitor. This is because the information collected is
typically linked to a pseudonymous identifier associated with the
device you use to access the Website. We may also use these
Cookies to test new pages, features or new functionality of the
Website to see how our users react to them.
For more information about the cookies we use and your choices
regarding cookies, please visit our Cookies Policy or the Cookies section
of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the
usage of our Service.
To manage Your Account: to manage Your registration as a user
of the Service. The Personal Data You provide can give You
access to different functionalities of the Service that are available
to You as a registered user.
For the performance of a contract: the development, compliance
and undertaking of the purchase contract for the products, items or
services You have purchased or of any other contract with Us
through the Service.
To contact You: To contact You by email, telephone calls, SMS, or
other equivalent forms of electronic communication, such as a
mobile application's push notifications regarding updates or
informative communications related to the functionalities, products
or contracted services, including the security updates, when
necessary or reasonable for their implementation.
To provide You with news, special offers and general information
about other goods, services and events which we offer that are
similar to those that you have already purchased or enquired about
unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests
to Us.
For business transfers: We may use Your information to evaluate
or conduct a merger, divestiture, restructuring, reorganization,
dissolution, or other sale or transfer of some or all of Our assets,
whether as a going concern or as part of bankruptcy, liquidation, or
similar proceeding, in which Personal Data held by Us about our
Service users is among the assets transferred.
For other purposes: We may use Your information for other
purposes, such as data analysis, identifying usage trends,
determining the effectiveness of our promotional campaigns and to
evaluate and improve our Service, products, services, marketing
and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information
with Service Providers to monitor and analyze the use of our
Service, for payment processing, to contact You.
For business transfers: We may share or transfer Your personal
information in connection with, or during negotiations of, any
merger, sale of Company assets, financing, or acquisition of all or a
portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates,
in which case we will require those affiliates to honor this Privacy
Policy. Affiliates include Our parent company and any other
subsidiaries, joint venture partners or other companies that We
control or that are under common control with Us.
With business partners: We may share Your information with Our
business partners to offer You certain products, services or
promotions.
With other users: when You share personal information or
otherwise interact in the public areas with other users, such
information may be viewed by all users and may be publicly
distributed outside.
With Your consent: We may disclose Your personal information
for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is
necessary for the purposes set out in this Privacy Policy. We will retain
and use Your Personal Data to the extent necessary to comply with our
legal obligations (for example, if we are required to retain your data to
comply with applicable laws), resolve disputes, and enforce our legal
agreements and policies.
The Company will also retain Usage Data for internal analysis purposes.
Usage Data is generally retained for a shorter period of time, except
when this data is used to strengthen the security or to improve the
functionality of Our Service, or We are legally obligated to retain this
data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the
Company's operating offices and in any other places where the parties
involved in the processing are located. It means that this information
may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental
jurisdiction where the data protection laws may differ than those from
Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that
Your data is treated securely and in accordance with this Privacy Policy
and no transfer of Your Personal Data will take place to an organization
or a country unless there are adequate controls in place including the
security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your
Personal Data may be transferred. We will provide notice before Your
Personal Data is transferred and becomes subject to a different Privacy
Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose
Your Personal Data if required to do so by law or in response to valid
requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief
that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the
Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that
no method of transmission over the Internet, or method of electronic
storage is 100% secure. While We strive to use commercially acceptable
means to protect Your Personal Data, We cannot guarantee its absolute
security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data.
These third-party vendors collect, store, use, process and transfer
information about Your activity on Our Service in accordance with their
Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use
of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that
tracks and reports website traffic. Google uses the data collected to
track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to
contextualize and personalize the ads of its own advertising
network.
You can opt-out of having made your activity on the Service
available to Google Analytics by installing the Google Analytics
opt-out browser add-on. The add-on prevents the Google Analytics
JavaScript (ga.js, analytics.js and dc.js) from sharing information
with Google Analytics about visits activity.
For more information on the privacy practices of Google, please
visit the Google Privacy & Terms web
page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters,
marketing or promotional materials and other information that may be of
interest to You. You may opt-out of receiving any, or all, of these
communications from Us by following the unsubscribe link or instructions
provided in any email We send or by contacting Us.
Payments
We may provide paid products and/or services within the Service. In that
case, we may use third-party services for payment processing (e.g.
payment processors).
We will not store or collect Your payment card details. That information is
provided directly to Our third-party payment processors whose use of
Your personal information is governed by their Privacy Policy. These
payment processors adhere to the standards set by PCI-DSS as
managed by the PCI Security Standards Council, which is a joint effort of
brands like Visa, Mastercard, American Express and Discover. PCI-DSS
requirements help ensure the secure handling of payment information.
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement
of our Service.
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing Personal
Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is
necessary for the performance of an agreement with You and/or for
any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for
compliance with a legal obligation to which the Company is
subject.
Vital interests: Processing Personal Data is necessary in order to
protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task
that is carried out in the public interest or in the exercise of official
authority vested in the Company.
Legitimate interests: Processing Personal Data is necessary for
the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal
basis that applies to the processing, and in particular whether the
provision of Personal Data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal
Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within
the EU, to:
Request access to Your Personal Data. The right to access,
update or delete the information We have on You. Whenever made
possible, you can access, update or request deletion of Your
Personal Data directly within Your account settings section. If you
are unable to perform these actions yourself, please contact Us to
assist You. This also enables You to receive a copy of the Personal
Data We hold about You.
Request correction of the Personal Data that We hold about
You. You have the right to have any incomplete or inaccurate
information We hold about You corrected.
Object to processing of Your Personal Data. This right exists
where We are relying on a legitimate interest as the legal basis for
Our processing and there is something about Your particular
situation, which makes You want to object to our processing of
Your Personal Data on this ground. You also have the right to
object where We are processing Your Personal Data for direct
marketing purposes.
Request erasure of Your Personal Data. You have the right to
ask Us to delete or remove Personal Data when there is no good
reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will provide to
You, or to a third-party You have chosen, Your Personal Data in a
structured, commonly used, machine-readable format. Please note
that this right only applies to automated information which You
initially provided consent for Us to use or where We used the
information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your
consent on using your Personal Data. If You withdraw Your
consent, We may not be able to provide You with access to certain
specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and
opposition by contacting Us. Please note that we may ask You to verify
Your identity before responding to such requests. If You make a request,
We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our
collection and use of Your Personal Data. For more information, if You
are in the European Economic Area (EEA), please contact Your local
data protection authority in the EEA.
Instagram Fan Page
Data Controller for the Instagram Fan Page
The Company is the Data Controller of Your Personal Data collected
while using the Service. As operator of our Instagram Fan Page, the
Company and the operator of the social network Instagram are Joint
Controllers.
The Company has entered into agreements with Instagram that define
the terms for use of the Instagram Fan Page, among other things. These
terms are mostly based on the Instagram Terms of
Service: https://www.instagram.com/terms.php
Visit the Instagram Privacy
Policy https://www.instragram.com/policy.php for more information about
how Instangram manages Personal data or contact Instagram online
Instagram Insights
We use the Instragram Insights function in connection with the operation
of the Instagram Fan Page and on the basis of the GDPR, in order to
obtain anonymized statistical data about Our users.
For this purpose, Instagram places a Cookie on the device of the user
visiting Our Instagram Fan Page. Each Cookie contains a unique
identifier code and remains active for a period of two years, except when
it is deleted before the end of this period.
Instagram receives, records and processes the information stored in the
Cookie, especially when the user visits the Instragram services, services
that are provided by other members of the Instagram Fan Page and
services by other companies that use Instagram services.
For more information on the privacy practices of Instagram, please visit
Instagram Privacy Policy
here: https://www.instagram.com/privacy/explanation
CCPA Privacy
This privacy notice section for California residents supplements the
information contained in Our Privacy Policy and it applies solely to all
visitors, users, and others who reside in the State of California.
Categories of Personal Information Collected
We 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. The following is a list
of categories of personal information which we may collect or may have
been collected from California residents within the last twelve (12)
months.
Please note that the categories and examples provided in the list below
are those defined in the CCPA. This does not mean that all examples of
that category of personal information were in fact collected by Us, but
reflects our good faith belief to the best of our knowledge that some of
that information from the applicable category may be and may have
been collected. For example, certain categories of personal information
would only be collected if You provided such personal information
directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal
identifier, online identifier, Internet Protocol address, email address,
account name, driver's license number, passport number, or other
similar identifiers.
Collected: Yes.
Category B: Personal information categories listed in the
California Customer Records statute (Cal. Civ. Code §
1798.80(e)).
Examples: A name, signature, Social Security number, physical
characteristics or description, address, telephone number, passport
number, driver's license or state identification card number,
insurance policy number, education, employment, employment
history, bank account number, credit card number, debit card
number, or any other financial information, medical information, or
health insurance information. Some personal information included
in this category may overlap with other categories.
Collected: Yes.
Category C: Protected classification characteristics under
California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national
origin, citizenship, religion or creed, marital status, medical
condition, physical or mental disability, sex (including gender,
gender identity, gender expression, pregnancy or childbirth and
related medical conditions), sexual orientation, veteran or military
status, genetic information (including familial genetic information).
Collected: No.
Category D: Commercial information.
Examples: Records and history of products or services purchased
or considered.
Collected: Yes.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological
characteristics, or activity patterns used to extract a template or
other identifier or identifying information, such as, fingerprints,
faceprints, and voiceprints, iris or retina scans, keystroke, gait, or
other physical patterns, and sleep, health, or exercise data.
Collected: No.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar
information.
Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
Category J: Non-public education information (per the Family
Educational Rights and Privacy Act (20 U.S.C. Section 1232g,
34 C.F.R. Part 99)).
Examples: Education records directly related to a student
maintained by an educational institution or party acting on its
behalf, such as grades, transcripts, class lists, student schedules,
student identification codes, student financial information, or
student disciplinary records.
Collected: No.
Category K: Inferences drawn from other personal
information.
Examples: Profile reflecting a person's preferences, characteristics,
psychological trends, predispositions, behavior, attitudes,
intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include:
Publicly available information from government records
Deidentified or aggregated consumer information
Information excluded from the CCPA's scope, such as:
o Health or medical information covered by the Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
and the California Confidentiality of Medical Information Act
(CMIA) or clinical trial data
o Personal Information covered by certain sector-specific
privacy laws, including the Fair Credit Reporting Act (FRCA),
the Gramm-Leach-Bliley Act (GLBA) or California Financial
Information Privacy Act (FIPA), and the Driver's Privacy
Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listed above from the
following categories of sources:
Directly from You. For example, from the forms You complete on
our Service, preferences You express or provide through our
Service, or from Your purchases on our Service.
Indirectly from You. For example, from observing Your activity on
our Service.
Automatically from You. For example, through cookies We or our
Service Providers set on Your Device as You navigate through our
Service.
From Service Providers. For example, third-party vendors to
monitor and analyze the use of our Service, third-party vendors for
payment processing, or other third-party vendors that We use to
provide the Service to You.
Use of Personal Information for Business Purposes or Commercial
Purposes
We may use or disclose personal information We collect for "business
purposes" or "commercial purposes" (as defined under the CCPA),
which may include the following examples:
To operate our Service and provide You with our Service.
To provide You with support and to respond to Your inquiries,
including to investigate and address Your concerns and monitor
and improve our Service.
To fulfill or meet the reason You provided the information. For
example, if You share Your contact information to ask a question
about our Service, We will use that personal information to respond
to Your inquiry. If You provide Your personal information to
purchase a product or service, We will use that information to
process Your payment and facilitate delivery.
To respond to law enforcement requests and as required by
applicable law, court order, or governmental regulations.
As described to You when collecting Your personal information or
as otherwise set forth in the CCPA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious,
deceptive, fraudulent or illegal activity, including, when necessary,
to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not
intended to be exhaustive. For more details on how we use this
information, please refer to the "Use of Your Personal Data" section.
If We decide to collect additional categories of personal information or
use the personal information We collected for materially different,
unrelated, or incompatible purposes We will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or Commercial
Purposes
We may use or disclose and may have used or disclosed in the last
twelve (12) months the following categories of personal information for
business or commercial purposes:
Category A: Identifiers
Category B: Personal information categories listed in the California
Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the
CCPA. This does not mean that all examples of that category of personal
information were in fact disclosed, but reflects our good faith belief to the
best of our knowledge that some of that information from the applicable
category may be and may have been disclosed.
When We disclose personal information for a business purpose or a
commercial purpose, We enter a contract that describes the purpose
and requires the recipient to both keep that personal information
confidential and not use it for any purpose except performing the
contract.
Sale of Personal Information
As defined in the CCPA, "sell" and "sale" mean selling, renting,
releasing, disclosing, disseminating, making available, transferring, or
otherwise communicating orally, in writing, or by electronic or other
means, a consumer's personal information by the business to a third
party for valuable consideration. This means that We may have received
some kind of benefit in return for sharing personal information, but not
necessarily a monetary benefit.
Please note that the categories listed below are those defined in the
CCPA. This does not mean that all examples of that category of personal
information were in fact sold, but reflects our good faith belief to the best
of our knowledge that some of that information from the applicable
category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the
following categories of personal information:
Category A: Identifiers
Category B: Personal information categories listed in the California
Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above
categories with the following categories of third parties:
Service Providers
Payment processors
Our affiliates
Our business partners
Third party vendors to whom You or Your agents authorize Us to
disclose Your personal information in connection with products or
services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not knowingly collect personal information from minors under the
age of 16 through our Service, although certain third party websites that
we link to may do so. These third-party websites have their own terms of
use and privacy policies and we encourage parents and legal guardians
to monitor their children's Internet usage and instruct their children to
never provide information on other websites without their permission.
We do not sell the personal information of Consumers We actually know
are less than 16 years of age, unless We receive affirmative
authorization (the "right to opt-in") from either the Consumer who is
between 13 and 16 years of age, or the parent or guardian of a
Consumer less than 13 years of age. Consumers who opt-in to the sale
of personal information may opt-out of future sales at any time. To
exercise the right to opt-out, You (or Your authorized representative) may
submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has
provided Us with personal information, please contact Us with sufficient
detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding
their personal information. If You are a resident of California, You have
the following rights:
The right to notice. You have the right to be notified which
categories of Personal Data are being collected and the purposes
for which the Personal Data is being used.
The right to request. Under CCPA, You have the right to request
that We disclose information to You about Our collection, use, sale,
disclosure for business purposes and share of personal
information. Once We receive and confirm Your request, We will
disclose to You:
o The categories of personal information We collected about
You
o The categories of sources for the personal information We
collected about You
o Our business or commercial purpose for collecting or selling
that personal information
o The categories of third parties with whom We share that
personal information
o The specific pieces of personal information We collected
about You
o If we sold Your personal information or disclosed Your
personal information for a business purpose, We will disclose
to You:
The categories of personal information categories sold
The categories of personal information categories
disclosed
The right to say no to the sale of Personal Data (opt-out). You
have the right to direct Us to not sell Your personal information. To
submit an opt-out request please contact Us.
The right to delete Personal Data. You have the right to request
the deletion of Your Personal Data, subject to certain exceptions.
Once We receive and confirm Your request, We will delete (and
direct Our Service Providers to delete) Your personal information
from our records, unless an exception applies. We may deny Your
deletion request if retaining the information is necessary for Us or
Our Service Providers to:
o Complete the transaction for which We collected the personal
information, provide a good or service that You requested,
take actions reasonably anticipated within the context of our
ongoing business relationship with You, or otherwise perform
our contract with You.
o Detect security incidents, protect against malicious,
deceptive, fraudulent, or illegal activity, or prosecute those
responsible for such activities.
o Debug products to identify and repair errors that impair
existing intended functionality.
o Exercise free speech, ensure the right of another consumer
to exercise their free speech rights, or exercise another right
provided for by law.
o Comply with the California Electronic Communications
Privacy Act (Cal. Penal Code § 1546 et. seq.).
o Engage in public or peer-reviewed scientific, historical, or
statistical research in the public interest that adheres to all
other applicable ethics and privacy laws, when the
information's deletion may likely render impossible or
seriously impair the research's achievement, if You previously
provided informed consent.
o Enable solely internal uses that are reasonably aligned with
consumer expectations based on Your relationship with Us.
o Comply with a legal obligation.
o Make other internal and lawful uses of that information that
are compatible with the context in which You provided it.
The right not to be discriminated against. You have the right not
to be discriminated against for exercising any of Your consumer's
rights, including by:
o Denying goods or services to You
o Charging different prices or rates for goods or services,
including the use of discounts or other benefits or imposing
penalties
o Providing a different level or quality of goods or services to
You
o Suggesting that You will receive a different price or rate for
goods or services or a different level or quality of goods or
services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a
California resident, You can contact Us at hello@darlingshopnyc.com.
Only You, or a person registered with the California Secretary of State
that You authorize to act on Your behalf, may make a verifiable request
related to Your personal information.
Your request to Us must:
Provide sufficient information that
allows Us to reasonably verify You
are the person about whom We
collected personal information or an
authorized representative
Describe Your request with sufficient
detail that allows Us to properly
understand, evaluate, and respond
to it
We cannot respond to Your request or provide You with the required
information if we cannot:
Verify Your identity or authority to make the request
And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge
within 45 days of receiving Your verifiable request. The time period to
provide the required information may be extended once by an additional
45 days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period
preceding the verifiable request's receipt.
For data portability requests, We will select a format to provide Your
personal information that is readily useable and should allow You to
transmit the information from one entity to another entity without
hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information.
Once We receive and confirm a verifiable consumer request from You,
we will stop selling Your personal information. To exercise Your right to
opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or
advertising partners) may use technology on the Service that sells
personal information as defined by the CCPA law. If you wish to opt out
of the use of Your personal information for interest-based advertising
purposes and these potential sales as defined under CCPA law, you may
do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may
need to opt out on every browser that You use.
Website
You can opt out of receiving ads that are personalized as served by our
Service Providers by following our instructions presented on the Service:
The NAI's opt-out
platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.youronlinechoices.com/
The DAA's opt-out
platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the
browser You use to opt out. If you change browsers or delete the cookies
saved by your browser, You will need to opt out again.
Mobile Devices
Your mobile device may give You the ability to opt out of the use of
information about the apps You use in order to serve You ads that are
targeted to Your interests:
"Opt out of Interest-Based Ads" or "Opt out of Ads Personalization"
on Android devices
"Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile
device by changing the preferences on Your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection
Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing
activities. If You are visiting such websites, You can set Your preferences
in Your web browser to inform websites that You do not want to be
tracked. You can enable or disable DNT by visiting the preferences or
settings page of Your web browser.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not
knowingly collect personally identifiable information from anyone under
the age of 13. If You are a parent or guardian and You are aware that
Your child has provided Us with Personal Data, please contact Us. If We
become aware that We have collected Personal Data from anyone under
the age of 13 without verification of parental consent, We take steps to
remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your
information and Your country requires consent from a parent, We may
require Your parent's consent before We collect and use that information.
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light
law), California residents with an established business relationship with
us can request information once a year about sharing their Personal
Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the
Light law, and if You are a California resident, You can contact Us using
the contact information provided below.
California Privacy Rights for Minor Users (California Business and
Professions Code Section 22581)
California Business and Professions Code section 22581 allow California
residents under the age of 18 who are registered users of online sites,
services or applications to request and obtain removal of content or
information they have publicly posted.
To request removal of such data, and if You are a California resident,
You can contact Us using the contact information provided below, and
include the email address associated with Your account.
Be aware that Your request does not guarantee complete or
comprehensive removal of content or information posted online and that
the law may not permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by
Us. If You click on a third party link, You will be directed to that third
party's site. We strongly advise You to review the Privacy Policy of every
site You visit.
We have no control over and assume no responsibility for the content,
privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You
of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service,
prior to the change becoming effective and update the "Last updated"
date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any
changes. Changes to this Privacy Policy are effective when they are
posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us
at hello@darlingshopnyc.com.