WHAT DOES THIS PRIVACY POLICY APPLY TO

Whim-NY, Inc. (“Company”, “us”, or “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. The purpose of this Privacy Policy is to describe to you the types of information we may collect from you or that you may provide when you visit or interact with our website www.shop-whim.com (“Site”), and what our practices are for collecting, using, maintaining, protecting, and disclosing your information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT CONSTITUTES A BINDING AGREEMENT BETWEEN OUR COMPANY AND YOU. BY USING OUR SITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. BY CONTINUING TO USE OUR SITE AFTER WE HAVE UPDATED THIS PRIVACY POLICY WILL ALSO CONSTITUTE YOUR AGREEMENT TO THE UPDATED VERSION. WE THEREFORE ENCOURAGE YOU TO PERIODICIALLY CHECK THIS PRIVACY POLICY TO SEE IF IT HAS BEEN UPDATED. IF YOU DO NOT AGREE WITH THIS PRIVAY POLICY OR ANY UPDATED VERSIONS, YOUR ONLY CHOICE IS NOT TO USE OUR SITE.

CHANGES TO PRIVACY POLICY

We may periodically update this Privacy Policy. We will post any updated versions of this Privacy Policy on our Site. You are responsible for ensuring that you periodically visit our Site and this Privacy Policy page to check for any changes.

WHAT DOES THIS PRIVACY POLICY APPLY TO

This Privacy Policy applies to information we collect through our Site, such as when you submit messages or emails through our Site. This Privacy Policy does not apply to: (i) information collected by us offline or through any other means, including on any other website operated by us or any third party; or (ii) information collected by any third party, including through any application or content that may link to or be accessible from or on our Site.

INFORMATION ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Site, including information:

  • by which you may be personally identified, such as your name, postal address, e-mail address, or telephone number any other identifier by which you may be contacted online or offline (“personal information”); and
  • that is about you but does not specifically identify you, such as what type of web browser you are using to visit our Site.

We collect this information:

  • Directly from you when you provide it to us through our Site; and
  • Automatically as you navigate through our Site such as information that may include your usage details, and information collected through cookies and other tracking technologies (described further below in “Our Cookies Policy”).

The information we collect on or through our Site may include:

  • Information that you provide by filling in forms on our Site. This includes information provided at the time you create an account through our Site, subscribe to our newsletters, send us any inquiries, or request further products or services;
  • Records and copies of your correspondence (including email addresses), if you contact us or provide any comments to us in connection with orders you place through our Site, or enter search terms on our Site;
  • Details of transactions you carry out through our Site and of the fulfillment of any orders you place through our Site. You may be required to provide financial information before placing an order through our Site such as your credit card information;
  • Information we collect through automatic data collection technologies such as the type of device you are using (e.g., mobile device or desktop computer), open and click rate for newsletters we send to you, web pages viewed on our Site, pages you click on our Site, time spent viewing web pages, frequency of your visits, search terms you may use, and the date(s) and time(s) of you visits to our Site.

OUR COOKIES POLICY

The technologies we use for automatic data collection may include:

  • Cookies. Cookies are small text files that are saved to your computer or device by our Site or third party sites that enable certain features or functionality. Cookies can be “first party” cookies, which are cookies sent by our Site, or “third party” cookies, which are sent by third-party sites or service providers. We or our service providers may use cookies or similar technologies in combination with your account information to help authenticate you when you use our Site, to remember your preferences and registration information, to enable or store items in a shopping cart, to enhance and personalize your experience on the Site, including to operate and improve offerings, and to present and help measure and research the usage of our Site. You may disable cookies by turning on a “Do Not Track” feature in your web browser or deleting them manually. However, if you do so, certain features or functionality of our Site may no longer work properly such as storing your preferences or storing items in a shopping cart.
  • Analytics. We may use analytics programs and service providers, such as Google Analytics, which can use first party cookies to report on your interactions with the Site. Google Analytics collects information including, but not limited to, the time of each of your visits to the Site, whether you have visited the Site before, what website referred you to the Site, and what pages you viewed on the Site. If you wish to learn more about Google Analytics and how it collects and processes data, please visit the following link: https://www.google.com/policies/privacy/partners/

THIRD PARTY USE OF COOKIES

Some other third parties may also use cookies to collect information about you when you use our Site. They may collect information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION 

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Site and its contents to you and market our products on our Site to visitors;
  • To provide you with information, products, or services that you request from us, or send you marketing communications;
  • To respond to your inquiries and send you newsletters you requested;
  • To provide you with notices about your account or transactions you conduct through our Site such as confirmation emails for purchases you make;
  • To notify you about changes to our Site or any products or services we offer or provide though it;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To conduct research and analyze data to improve our Site, products, or services;
  • For any other purpose with your consent or any other purpose for which you provided your information.

DISCLOSURE OF YOUR INFORMATION

  • To our subsidiaries and affiliates;
  • To contractors, service providers, and other third parties who we use to support our business and who are required to use such information only for the purposes for which we disclose it to them.  For example, we may provide email lists to MailChimp, an email marketing company with whom we may contract with, to send marketing emails to you regarding our products, services, or Site;
  • To third parties to analyze data regarding our Site, or with third parties who may assist us in servicing, maintaining, or troubleshooting our Site;
  • To a buyer or other successor to our business in the event of 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 information held by us about our Site users is among the assets transferred;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • To enforce or apply our Terms and Conditions, including for billing and collection purposes; or
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, our Site, our users or customers, or others.  This may include exchanging information with other companies, organizations, or law enforcement for the purposes of fraud protection.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We aim to provide you with choices regarding the personal information you provide to us.  We have created mechanisms to provide you with the following control over your information:

  • Cookies and Tracking Technologies.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  You should also have a feature in your web browser to flush or delete all cookies, or a "Do Not Track" feature.  However, if you disable or refuse cookies, please note that some parts or certain features or functionality of our Site may then be inaccessible or not function properly.
  • Marketing Communications From Our Company.  If you do not wish to have your contact information used by us to promote our products or services, you can opt-out by either checking the relevant box located on the form on which we collect your data or at any other time by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to  hello@shop-whim.com.  We will make all reasonably commercial efforts to process your opt-out requests within forty-eight (48) hours of receiving them during normal business hours.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions are processed by a third party will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information over the Internet is not completely secure at all times. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site and will not be liable for any disclosure or loss of your information during transmission over the Internet. Any transmission of personal information is therefore at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

LINKS TO THIRD PARTY SITES

This Privacy Policy applies only to our Site. Our Site may contain links to other websites that are not operated by us such as links to social media sites such as Instagram, Facebook, Twitter, or Pinterest. These third party links are provided for your reference and convenience only and do not imply any endorsement by us of the activities or content of these third-parties’ websites or any association with their company or operation. We do not control these third party websites and are therefore not responsible for their privacy or data practices. These third party websites may have their own privacy policies and any information you provide to these other sites will be governed by their privacy policies and not ours. We urge you to review the privacy policy posted on any website you visit before using that website or providing any personal data about yourself to that website.

GOVERNING LAW AND JURISDICTION; LIMITATIONS OF USE; WAIVER OF JURY

This Privacy Policy and your use and access of the Site is governed by, construed, and enforced in accordance with the laws of the State of California, without reference to its conflict of law principles or rules. You agree that any action at law or in equity arising out of or relating to this Privacy Policy or your use of our Site shall be filed only in the state and federal courts located in Beverly Hills, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Privacy Policy, your use of our Site, or any purchase you make from our Site. Our Site is solely for the use of residents in the United States who are also not subject to any foreign privacy laws or other restrictions. BY YOUR USE OF OUR SITE YOU ALSO HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO THIS PRIVACY POLICY TO THE FULLEST EXTENT PERMITTED BY LAW.

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: hello@shop-whim.com