Effective date: 11/27, 2018
a. Service – Service means the website available at https://www.journal.ame.jewelry for the promotion and sale of fine jewelry, owned and operated by ÂME Creations, and our smartphone application.
b. Personal Data – Personal Data means data about a living individual who can be identified from such data (or from such and in combination with other information, either in our possession or likely to come to our possession).
c. Usage Data – Usage Data is data automatically collected by us from your use of the Service or from the Service infrastructure itself (for example, the duration of a page visit) regarding how the Service is accessed and used.
d. Cookies – Cookies are small pieces of data that are sent to your browser from our website and stored on your device (computer or mobile device).
f. Data Processors (or Service Providers) – Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers, including but not limited to Google, Shopify Inc., and their respective affiliates, to process your data more effectively. We ascertain that our service provider comply with applicable privacy laws and are obligated not to disclose or otherwise use such Personal Data for any other purpose.
II. Information Collection and Use
When you use the Service, you may provide and we may collect several different types of information for various purposes, including to provide and improve our Service to you.
A. Types of Data Collected
i. 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 (“Personal Data”). Personally identifiable information may include, but is not limited to:
• Email address and IP address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• unique device identifiers
Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Data in various ways on the Service.
If you use the Service for on-line shopping, we may collect and store, directly or through our services provider, additional personal Data such as: shipping and billing address, payment details and information about the history of you orders and purchases. This information may be used to perform automated decision-making processes such as blocking suspected or potentially fraudulent transactions, for instance in case of a breach.
We use this information to support and process your orders, screening and assessment of risks and fraud, authentication, and payments. We also use the Personal Data to customize and improve your user experience.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, as well as 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 otherwise contacting us directly.
ii. Usage Data
We may also collect Usage Data. Usage Data may include diagnostic data such as:
• your computer’s Internet Protocol and Media Access Control addresses;
• browser type;
• browser version;
• the pages of our Service that you visit and pages from which you linked to our website;
• the time and date of your visit;
• the time spent on those pages;
• the device you use;
• your use of social media functionalities such as “share” or “like” buttons.
We may use your Usage Data to automatically improve and customize users experience of the Service. We may also employ data collection, processing, monitoring and analyzing tools such as Google Analytics, Google AdWords and Shopify analytics tools, to study our website traffic, measure the effectivity of promotions and to provide you with information that might be relevant to you.
You may opt-out of said Google analytic tools. For more information, please visit the Google Privacy Terms page at https://policies.google.com/privacy?hl=en.
B. No Data Mining
We do not use features of data mining such as unauthorized access to your device’s camera, contacts, communications, etc. to gather information. We do not use location based services and do not track or locate your whereabouts unless specifically requested for.
C. Tracking Cookie Data
You can instruct your browser to refuse all cookies, as well as to indicate when a cookie is being sent. Please note, however, if you do not accept cookies you may not be able to use some portions of our Service. Please note, however, that there is no consistent industry standard relating to “Do Not Track” signals, and in some cases we may not be able to change our data collection and usage methods even if we detect such a signal from your browser.
Examples of Cookies we use include, but are not limited to:
• Session Cookies. We use Session Cookies to operate our Service. Session Cookies are used to enable our website and application to keep track of your movement between various page without collecting the same information you already provided. If you shop on our website, Session Cookies are used to operate the shopping cart feature by remembering your selection of items when you check out.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings, which we may retain between sessions so we can provide you with a personalized experience.
• Security Cookies. We use Security Cookies for authentication, to prevent breach of information, and to monitor possible abuse of the Services, such as repeated failed login attempts.
• Third party Cookies. We use Third Party Cookies to advertise to you on third-party websites, such as Google or Facebook.
III. Basis for Processing Personal Data
By way of further example, ÂME Creations may process your Personal Data because:
• We need to perform a contract with you;
• You have given us permission to do so;
• The processing is in our legitimate business interests and it is not overridden by your rights;
• To comply with the law.
IV. Retention of Data
ÂME Creations will also retain Usage Data. Usage Data may be retained for a shorter period of time than Personal Data, 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.
V. Transfer of Data
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction. Your information, including Personal Data, may be transferred to and maintained in such jurisdictions where the data protection laws may differ than those from your jurisdiction.
If you reside outside the United States and choose to provide information and content to us, please note that we collect information, including Personal Data, in the United States and process it the United States, Canada and the EEC.
VI. Disclosure of Data
We may share your Information or some of it with third parties when it is required by official authorities under any applicable law; requested in order to respond to lawful court orders, subpoenas, warrants, etc.; or needed to investigate or prevent illegal activities such as fraud or security breach.
We may also share your information with our service providers and Data Processors in order to enhance and promote our Service.
A. Disclosure for Law Enforcement
Under certain circumstances, ÂME Creations 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).
B. Legal Requirements
ÂME Creations 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 ÂME Creations
• 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
C. Change of Ownership
Your Personal Data may be disclosed or otherwise transferred (physically or electronically) to an acquirer, successor or assignee of ÂME Creations as part of a merger, acquisition, debt financing, sale of assets, or similar transaction, provided that the third party acquirer, or successor or assignee, implements and maintains reasonable security procedures . Your Personal Data may also be disclosed in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
VII. Security of Data
We and our service providers follow generally accepted industry standards to protect the information submitted to us from unauthorized access, destruction, use, modification, or disclosure, both during transmission and after we receive it. We ascertain that Our service providers comply with industry guidelines and standards with respect to security and safeguarding of your Personal Data.
The security of your data is important to us and we do our best to preserve it, but please note that no method of transmission over the Internet, or method of electronic storage, is 100% safe. While we strive to use commercially acceptable means to protect your Personal Data, we do not and cannot guarantee its absolute security.
If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
VIII. Your Rights Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a resident of California, note that we are exempt from the obligation under California Civil Code to provide you upon request with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes and the identity of those third parties.
IX. Your Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights. We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Service. Accordingly, ÂME Creations aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data as follows:
A. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us, as set forth below.
B. under certain circumstances, you have the following data protection rights:
i. The right to access, update or to delete information. Whenever made possible, you can access, update or request deletion of your Personal Data. If you are unable to perform these actions yourself, please contact us to assist you in making any such changes.
ii. The right of rectification. You have the right to rectify your information if it is inaccurate or incomplete.
iii. The right to object. You have the right to object to our processing of your Personal Data.
iv. The right of restriction. You have the right to request us to restrict the processing of your Personal Data.
v. The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
vi. The right to withdraw consent.You have the right to withdraw your consent at any time where WE relied on your prior consent to process your Personal Data. Please note that we may ask you to verify your identity before responding to such requests.
C. We and our service providers comply with the EU-U.S. Privacy Shield Framework, and adhere to its principles, including but not limited to the principle of notice, choice, accountability for onward transfers, security, integrity, access, recourse, enforcement and liability, etc.
D. If you believe your Personal Data has not been used in a proper manner , you have the right to lodge a complaint with the Data Protection Authority in your country.
X. Links to Other Sites
ÂME Creations has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party sites or services.
XI. Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”); the Service is solely intended and made available to those over 18. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you, as a parent or guardian, 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 children without verification of parental consent, we take steps to remove such information from our servers.
XIII. Contact Us
• By email: email@example.com
• By visiting this page on our website: https://www.journal.ame.jewelry/contact
• By postal mail: 432 Park Ave South, 10th floor, New York, NY, 10016