This policy took effect on November 4, 2023. 

Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being and any information deemed as Personally Identifiable Information by privacy laws.

Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

Table of contents:

• 1:What information we collect, why we collect it, and how it is used
• 2:How we protect and store your information
• 3:How we share your Personal Data
• 4:Additional information regarding transfers of Personal Data
• 5:Your privacy rights and choices
• 6:How Long We Store Your Information
• 7:Use by children
• 8:Privacy Policy Changes
• 9:Specific provisions applicable under California privacy law
• 10:How to contact us

• 1:What information we collect, why we collect it, and how it is used

• Information Your Provide to Us

• You provide certain information to Elbert Gallery when you sign up for an Elbert Gallery or otherwise use the Service . Such as :Your name ,email address ,delivery address and phone number etc . 

• Information We Collect Automatically

  Elbert Gallery receives and records information from your browser or your mobile device when you visit the site ,use the Apps or use certain features of the Services（Even you don’t have an Elbert Gallery）.

   Information We Receive From Third Parties

  We receive certain information about you form third parties . Such as Paypal ,who help us to process transactions,provide our Services and prevent fraudulent or activity etc.

• 2:How we protect and store your information

•  1 Security. We have implemented appropriate technical, organizational and security measures designed to protect your personal data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

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

• 3:How we share your Personal Data

• We may share your information 

• Affiliates: We may share certain information with our affiliates and subsidiaries for business, operational, promotional, and/or marketing purposes. Please note that Personal Information obtained through the short code program (for SMS purposes) will not be shared with any third-parties for their marketing reasons/purposes;
• Our Service Providers and partners: We share your Personal Information with our third party service providers that provide business, professional or technical support functions for us (including to the extent necessary or desirable to fulfill or ship your order or complete your transaction; provide customer support; process your purchases; payment processor), cloud service providers, survey and Sweepstake vendors, Website and web content creation platforms, help us operate and manage our business, IT and the Website, and/or administer activities, email providers, marketing, CRM, other similar tool providers, analytic and other tracking technologies companies. With our joint marketing partners (including, our affiliated companies) for the purposes described in this Policy, including when we believe such partners may have offers of interest to you;
• Legal Matters; Safety: We may share your information to the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order. We also may disclose your information to protect the security of our Site, servers, network systems, and databases, including for fraud prevention purposes. We also may disclose your information as necessary, if we believe that there has been a violation of our Terms of Use, any other legal document or contract related to our services, or the rights of any third party.
• Sale or Transfer of Business or Assets: If, in the future, we sell or transfer some or all of our business or assets to a third party, or in the event of bankruptcy or a comparable event, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
• With Your Consent: Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with any marketing consents or opt-in to optional additional services or functionality, if required by applicable law).

• 4:Additional information regarding transfers of Personal Data

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

• 5:Your privacy rights and choices

• 1 Rights under GDPR: The following rights (which may be subject to certain exemptions or derogations), shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):

  • You have a right to access information held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
  • You have the right to request that we rectify any Personal Data we hold that it is inaccurate or misleading;
  • You have the right to request the erasure/deletion of your Personal Data (e.g. from our records).. Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
  • You have the right to object to or to request restriction of the processing.
  • The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
  • You have the right to object to profiling;
  • You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority
  • The right to withdraw your consent at any time. Please note that t there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations.
  • You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
  • You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality.

   

  5.2 Rights under CPRA and other applicable US laws: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the CPRA:

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

   

  You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence (e.g. the Attorney General in your State). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution. You can exercise your rights by contacting us at clairemiller@elbertgallery.com or, if you are an individual protected by CPRA, you can make your requests also via our toll-free telephone number: +1 877-826-9866. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

  5.3 Deleting your account: Should you ever decide to delete your account, you may do so by emailing clairemiller@elbertgallery.com. If you terminate your account, any association between your account and Personal Data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

  5.4 Marketing emails – opt-out: You may choose not to receive marketing email of this type by unsubscribing from the link that you can find at the bottom of the email to opt out of receiving future emails and we will process your request within a reasonable time after receipt.

  5.5 Marketing SMS – opt-out: You may choose not to receive marketing SMS of this type by replying “STOP” to an SMS message you received or by contacting us at clairemiller@elbertgallery.com and we will process your request within a reasonable time after receipt.

• 6. How Long We Store Your Information

• Elbert Gallery will retain your information only for as long as is necessary for the purposes set out in this Policy, for as long as your account is active, or as needed to comply with our legal obligations under national applicable law. We decide how long we need information on a case-by-case basis and depending on the retention laws applicable.

  The following factors typically affect the retention period:

  Necessity for the provision of our Services We keep your information as long as is necessary to provide the Services to you. This includes things like maintaining and improving the performance of our Sites and Apps, keeping our Services secure, and maintaining appropriate business and financial records. Most of our retention periods are determined on the basis of this general rule.

  Consent-based processing of personal data If we process personal data on the basis of consent (including consent to the extended storage), we store the data for as long as necessary in order to process it according to your consent or until you withdraw your consent.

  Statutory, contractual or other similar obligations Elbert Gallery will retain and use your information to the extent necessary to comply with our legal obligations, for example, if we are required to retain your information to comply with applicable tax/revenue laws or our Know Your Customer (“KYC”) obligations.

• 7.USE BY CHILDREN

• We do not offer our products or services for use by children and, therefore, we do not knowingly collect personal data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen 18, do not provide any personal data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide personal data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at clairemiller@elbertgallery.com.

• 8.Privacy Policy Changes

• We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and sending you an email or message about the changes. We encourage you to check back regularly and review any updates.
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  9.SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

• 1 Introduction. This Section applicable to California Residents supplements, and is expressly made part of, the information contained in this Privacy Policy, and applies solely to all visitors, users, and others who reside in the State of California and are protected by CPRA (defined below) (“consumers” or “you”). We adopt this Section to comply with the California Privacy Rights Act ("CPRA"). Any terms used in this Section not defined in this Section shall have the meaning given to such terms in the CPRA.

  2 Collection of Personal Information. We, including our Website, collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer. See Section ‎1 for more information about the categories of Personal Information (including, sensitive Personal Information, if any) and the purposes for which the Personal Information has been collected in the last twelve (12) months.

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

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

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

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

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

  8 Non-Discrimination. If you decide to exercise your rights, you will not receive any discriminatory treatment by us for the exercise of the privacy rights conferred by the CPRA. However, note that some features of our Website, our products and/or our services may not function without your Personal Information. To the extent prohibited by the CPRA, we will not: (i) Deny you goods or services, (ii) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, (iii) Provide you a different level or quality of goods or services, or (iv) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

  9 Questions. If you have further questions with respect the collection, use, disclosure or sale of your personal information, please make your request by contacting us to clairemiller@elbertgallery.com

• 10. How to Contact Us

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