LAST UPDATED: 12/05/2018
Kelly Wearstler takes the privacy of our customers very seriously. We value our customers and respect your privacy. We collect information about you in an effort to communicate with you about our products, services and promotions. Neither your name nor anything about you is sold or shared with any other non-affiliated company or agency.
When do we collect your information?
Kelly Wearstler and its Service Providers collect information relating to you and your use of our websites in order to provide services and features that are easy to use and responsive to your needs. Kelly Wearstler collects personal information in the following ways:
• From you when you register an account and communicate with us. We collect information from you when you register an account with us, request information, send us email, send us postal mail, or speak with us on the telephone.
• From Third Party Sources. We may collect information from our Service Providers who help us to provide services, or from other third-party Service Providers.
• From social media. When you interact with us over social media, we may collect information about you. If you post information or otherwise interact with us through social media websites, social media platform plug-ins, or other applications we use, we may collect or receive information that you provide or that is automatically collected by the social media platform. Information that you post on social media platforms may become public, depending on your account settings. Information collected by social media platforms when you interact with their services is governed by the social media platforms’ respective privacy policies. For more information about how you can customize your privacy settings and how third-party social media websites handle your personal information, please refer to their privacy policies. We have a presence on Facebook, Twitter, Instagram, and Pinterest.
What information do we collect?
Information you provide to us
When you provide personal information to us, we use it for the purposes for which it was provided to us as stated at the point of collection or as obvious from the context of collection. For example, if you send us an email requesting information, we will use your personal information to respond to your request. We may collect the following information:
• Email Address
• Payment Information
• California Resale Number
• Telephone Number
• Company Name
• Communication Preference
• Website URL
• Comments, questions, or other information provided in online forms or via chat function
Information we and our third party Service Providers Collect
When you use our website, we and our third party Service Providers automatically collect information about how you access and use the websites, and information about the device you use to access the websites. We typically collect this information through a variety of tools, including cookies, web beacons, pixels, social media widgets, and similar technology (collectively, “tracking technologies”). We and our third party partners may automatically collect such information as:
• IP Address
• Device Type
• Browser Type
• Operating System or Platform
• Name of Internet Service Provider
• Referring Website
• Exiting Website
• Pages visited on the website
• Frequency, time, data, and duration of your visit on our website
• Your location
• Whether you access our website from multiple devices
• Other interactions you may have on our website
• Device Unique Device Identifier (e.g., Unique Device Identifier (UDID) or International Mobile Equipment Identity (IMEI))
• Mobile device MAC or IP address
• Information about your mobile carrier
• Communications relating to customer support, and information drawn from such communications, for statistical and reference purposes
From other third party sources.
We may receive information about you from our third-party service providers who help us to provide products and services to you, including our website when you interact with those Service Providers.
How We Use Collected Information
The following is a description of how we use the personal information we have collected about you. Automatically-collected information and other personal information may be combined with other information that we collect directly from you or that we receive from other sources and is used for the purposes described below.
• To provide services to you.
• To provide services requested by you. When purchasing Kelly Wearstler products, we may ask you to provide certain information about yourself, such as your name, shipping/billing address, telephone number, email address, credit card information, etc. We also maintain a record of your online product purchases.
• To provide our website and its functionalities to you.
• To respond to your requests. If you contact us with a question or a request, we will use your information to respond to your request. For example, if you contact us via email with a question, we will use the information in that email and the email address you used to contact us to respond to you.
• To provide you with location-specific services. If you elect to share your location information with us, we may use that information to tailor options, functionality or offers related to your location. We also may use your IP address to determine your general location, which also may be used to tailor offers to you.
• To offer and conduct promotions and contests. Our email newsletter is used to communicate new product availability, store events, promotions and discounts. If a user requests to receive our email newsletters, they need to provide a valid email address. Real names need not be used to request newsletters.
• To conduct data analytics to support our website and business. Typically, these analyses are done using aggregated or otherwise de-identified data. We use information, including automatically-collected information, to manage and improve our website and our business. For example, we use such information to:
• Manage our business needs, such as monitoring, analyzing, and improving the services and the website’s performance and functionality.For example, we analyze website user behavior and conduct research and analysis about the way you and other users use our website.
• Manage risk and protect the website.We use data to better protect our services, our website, and you by helping to detect and prevent fraud and abuse of the website and our services.
• Tailor ads to your apparent interests.
• Develop new products, services and offers.
• To market to you.Information we collect about you and how you use and interact with the website and our services, ads, and other online content helps us to improve our website and offer additional products and services that we think might interest you. For example, we analyze information about user interactions with our marketing emails and online ads (such as whether emails have been opened or whether ads are clicked on) to determine whether those communications and ads are effective, and to understand what other website functionalities, products or services may interest you.
• To conduct due diligence prior to engaging in a business relationship.Prior to engaging in a business relationship with you, we may conduct due diligence exercises, such as background checks and credit checks.
• To meet our contractual obligations with you when we engage in a business relationship with you.
• To operate and improve our business.
• To maintain our records.
• For legal, contractual and safety purposes. We will use your information as necessary to enforce the terms of our website; to comply with all applicable laws and regulations; to defend or protect us, our users, you, or third parties from harm or in legal proceedings; to protect our rights; to protect our security and the security of our users, employees, and property; to respond to court orders, lawsuits, subpoenas, and government requests; to address legal and regulatory compliance; to verify your identity or communications from you; to comply with contracts and other agreements to which we are a party; and to notify you of changes to our terms, policies, or practices.
• To conduct internal monitoring and training.
• For other purposes for which you provide your consent. We will use your information for other purposes which are disclosed to you at the time your information is collected, or for purposes which can be inferred from or are obvious given the circumstances of collection. For example, if you give us your personal information when entering a contest, we will use that information to facilitate your participation in that contest.
To whom do we disclose your information?
We do not sell, trade, or otherwise transfer to third parties your personal information. This does not include trusted third parties who assist us in operating our websites, conducting our business, or providing services to you, so long as those parties agree to keep this information confidential. We do not share your personal information with third parties except in the circumstances discussed below.
Within Kelly Wearstler
We may share your personal information with other Kelly Wearstler entities, brands, divisions, and subsidiaries to serve you, including for the activities listed above.
Our Business Partners
We disclose personal information to our clients, advertisers, merchants, consumer and market research companies, Service Providers who help us provide services, or to other third-party Service Providers who provide certain specialized services to us, to provide services on our behalf, or who co-operate with us on projects. These business partners are responsible for their own compliance with data protection laws.
These third-parties are contractually restricted from using or disclosing the information except as necessary to perform services or to comply with legal requirements.
We may disclose aggregated, de-identified information, and analyses and reports derived from such information to third parties including utilities, Service Providers, advertisers, merchants, consumer and market research companies and other organizations. If we have obtained your personal information from one of our clients, they may have the same information we do.
Legal Requirements and Business Transfers
We may disclose personal information (i) if we are required to do so by law, legal process, statute, rule, regulation, or professional standard, or to respond to a subpoena, search warrant, or other government official requests, (ii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (iii) in connection with an investigation of a complaint, security threat, or suspected or actual illegal activity; (iv) in connection with an internal audit; or (v) in the event that Kelly Wearstler is subject to mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party.
What choices do you have about your personal information?
We offer certain choices about how we communicate with you and what personal information we obtain about you and share with others, described below.
Information Provided by You
Depending on the activity, some of the information we ask you to provide is mandatory and some is voluntary. Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our website as a guest.
Catalogues and Mailings
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us please let us know by sending your written request via email to email@example.com, or via postal mail to:
760 North La Cienega Blvd, 2nd Floor
Los Angeles, CA 90069
You may also contact us at 1-855-295-3559. Please provide your full name, mailing address, email address, and phone number when making this request. Include your email address, full name, and specifically what information you do not want to receive.
You may also may also visit DMAChoice.org, a tool offered by the Data & Marketing Association, which lets you remove your name and address from a number of marketing lists as well as unsubscribe from entire categories of mail, like catalogs and advertisements, or unsubscribe from specific catalogs. Catalogchoice.org allows you to unsubscribe individual catalogues.
You may unsubscribe from emails from us by clicking the Unsubscribe at the bottom of any promotional email from us. You may also contact us by email or postal address as noted below. Please include your current contact information and your requested changes.
We provide a variety of services on our website using cookies. We place cookies on your device in order to provide you with personalized access to essential services, enhance website functionality, and to show you offers and services tailored to your interests.
What is a Cookie?
A cookie is a small piece of data that a website can store on your hard drive that identifies your computer. Cookies help to navigate from page to page on a website, provide secure connections, gather statistics about the usage and effectiveness of our site, and remember preferences from a previous visit.
For example, we use Google Analytics to help us analyze how visitors use our websites and mobile applications. The information generated by the cookie, including your IP address, is transmitted to Google. This information is then used to evaluate visitors’ use of the website and mobile applications, and to compile statistical reports on website activity for us. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser.
Most web browsers automatically accept cookies, but you can change your browser’s settings to disable all or certain cookies if you wish. For more information on how to manage browser cookies, see http://www.allaboutcookies.org. Click on the links below to learn how to manage cookies on these browsers:
• Google Chrome
• Microsoft Edge
• Mozilla Edge
• Microsoft Internet Explorer
• Apple Safari
Please note that by disabling or deleting cookies, you may not be able to access the full functionality of our website. Disabling or clearing cookies also may affect cookie-based opt-outs by either preventing you from using such cookie-based opt-outs or clearing opt-outs that you previously set.
You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
Some of the third parties that we may work with may participate in the Digital Advertising Alliance’s self-regulatory program, which provides consumers tools to opt-out of receiving interest-based advertising. Click here to learn more about the DAA’s WebChoices tool. To help control or block certain ads in mobile applications, you may choose to download and utilize the DAA mobile app by clicking here.
Do Not Track
Because there currently is not an industry or legal standard for recognizing or honoring Do Not Track (“DNT”) signals, we do not respond to them at this time.
How do we protect your information? We take security seriously and take numerous and reasonable precautions to protect the security of your information. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data, and seek to partner with companies that do the same, we cannot guarantee the security of any information transmitted to or from our website, and are not responsible for the actions of any third parties that may receive any such information.
Your Kelly Wearstler account information is password-protected for your privacy and security. Kelly Wearstler will never ask you for your password in an unsolicited phone call or email. You are responsible for maintaining the secrecy of your password and account information. Remember to sign out of your account and close your browser window when you have completed your shopping to help ensure that others cannot access your personal information.
Links to Third Party Sites
Please be aware that our site may contain links to other sites hosted by third parties. Kelly Wearstler does not control, and is thus not responsible for, the content or privacy practices and policies of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information.
Minors under the age of 18 may not use the website. We do not knowingly collect personal information from anyone under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. We do not sell products for purchase by children.
Your California Privacy Rights
If you are a California resident, you have the right to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may make one request each year by emailing us at firstname.lastname@example.org or writing to us at:Kelly Wearstler
760 North La Cienega Blvd, 2nd Floor
Los Angeles, CA 90069
Individuals Within the European Union
Controllers of Personal Data
760 North La Cienega Blvd, 2nd Floor
Los Angeles, CA 90069
is the data controller of the personal data processed through the website.
Legal Bases for Processing Personal Data
If you are an individual located in the European Union (EU), we collect and process personal data about you where we have a legal basis for doing so under applicable EU laws. This means we collect and process your data only when:
•It is necessary for a legitimate interest (which is not overridden by your individual privacy interests), such as preventing fraud, improving our website, and increasing the security of the website and network infrastructure;
•You have consented to this collection and processing for a specific purpose;
•It is necessary to fulfil our contractual obligations; or
•It is necessary to comply with a legal obligation.
Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time. An example of where we rely on your consent to process your personal data includes sending you our newsletter and marketing emails. If you wish to withdraw your consent, please contact us at email@example.com.
Some examples of our legitimate interests for processing personal data include:
•Website and network security;
•Marketing to current customers;
•Fraud prevention; or
•Improving our website.
Where we rely on our legitimate interests to process your personal data, you may have the right to object. More information on exercising this right can be found in the Individual Rights section below.
If you have any questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us at firstname.lastname@example.org.
If you are located in the EU, you have certain rights under EU data protection law with respect to your personal data, including the right to request access to, correct, and delete your personal data. You may also have the right to receive a copy of your personal data in a commonly used and machine-readable format, and to transmit such data to another controller. You also may object to processing of your personal data, or ask that we restrict the processing of your personal data in certain instances.
To request deletion of, access to, or to make changes to your personal data, or to any of the rights in this section, please email us at email@example.com. Please note that not all requests can be honored.
Transfers, Storage, and Processing
Our website is operated from and hosted on servers located in the United States. If you access and use our website from a location outside of the United States, any personal data you provide to us or that is otherwise collected may be transferred to and processed in the United States or any other jurisdiction in our sole discretion. Users of our website should be aware that the laws that apply to the use and protection of personal data in the United States or other countries or jurisdictions to which we transfer, or in which we process, personal data may differ from those of your country of residence. Users who access or use our website from jurisdictions outside of the United States do so at their own choice and risk, and are solely responsible for compliance with local law. While we take steps to safeguard your personal data, the United States has NOT been deemed by the European Commission to ensure an adequate level of protection for personal data. Accordingly, the level of protection provided in the United States or other non-EU countries and jurisdictions from which you may access our website may not be as stringent as that under EU data protection standards or the data protection laws of some other countries, possibly including your home jurisdiction.
By checking the box next to the statement, “By checking this box, I agree that any personal data that I provide to Kelly Wearstler or its affiliates, or that is otherwise collected, may be transferred to and processed in the United States in accordance with our Privacy Statement,”, you consent to allow your personal data to be transferred across borders to the United States or to other countries or jurisdictions in which we or our third-party associates may process personal data.
Cookies and Other Tracking Technologies
In addition to any management tools above, you can manage third-party advertising preferences for some of the third-party partners we work with to serve advertising across the Internet by utilizing the choices available at http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices.
For mobile users, you also have numerous controls in your Operating System that enable you to choose whether to allow cookies or to share your advertising ID with third parties. For some information on controlling your mobile choices, click here. To help control or block certain ads in mobile applications, you may choose to download and utilize the Digital Advertising Alliance’s mobile app by clicking here. We do not guarantee that all of the third parties we work with will honor the elections you make using any of these options.