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BELLA+CANVAS PRIVACY POLICY
Effective: April 28, 2021
SCOPE OF PRIVACY POLICY
This Privacy Policy describes how BELLA+CANVAS, LLC (collectively, "BELLA+CANVAS", "we", "our", or "us") collects, uses, and shares information about you ("you", "your", or "user") when you use our website, any applications we may provide (including mobile applications), together with all products and services we may offer from time to time via our website and/or related applications, our related social medial websites such as Instagram, Twitter, Facebook, or otherwise through your interactions with us (our website, applications, products, services, and social media pages, collectively, the "Services"). This Privacy Policy also describes your and our legal rights and responsibilities with respect to information which identifies you or which could be used to identify you such as your name and contact details, or your user account information, which we call "Personal Information" in the text below. "Personal Information" also may include information about how you use our website. BELLA+CANVAS takes very seriously its responsibility to protect the safety and security of your Personal Information that we process and is committed to respecting your privacy rights.
APPLICABILITY OF BELLA+CANVAS' PRIVACY POLICY
This Privacy Policy is part of our Terms of Use that governs your access to and use of our Services. We will refer to access, use, transmission, and exchanges of information, availability or utilization of features, functions or activities, simply as "use" in the material below. This Privacy Policy applies to Personal Information that we collect from or about you through the methods described below (see "Information We Collect" and "How We Use Your Information") to provide the Services. This Privacy Policy applies regardless of the means used to access or provide the Services. This Privacy Policy also applies to our targeted content, including online offers and advertisements for products and services, which you may see on third party websites, platforms and applications ("Offer Sites") based on your online activity. These Offer Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Offer Sites. This Privacy Policy does not apply to information from or about you collected by third parties such as BELLA+CANVAS' service providers, including, but not limited to, Shopify, Inc. (that hosts our e-commerce website), PayPal, Inc. (that processes payments on our behalf), and social media pages. The collection and use of your information by such third parties is governed by the relevant third party's privacy policies, statements, and practices and under no circumstances are we responsible or liable for any third party's compliance therewith. This Privacy Policy does not apply to websites that link to BELLA+CANVAS' website or websites that may be accessed through the Services. We may provide links to other websites that contain information that we believe may be useful to you or that you will find valuable. However, we have not investigated the security of those linked websites and you should not assume those sites have a privacy policy equivalent to ours. If you access such a third party website through a link we provide, you will be subject to the privacy policy of the new site. BELLA+CANVAS is not responsible for the contents of any linked webpages referenced from our website. If you have any questions regarding the privacy, security, or content of those sites, you should contact the appropriate contact(s) at those websites directly. BELLA+CANVAS, LLC is a Color Image Apparel Inc. company.
ACCEPTANCE OF PRIVACY POLICY
By using BELLA+CANVAS' Services, including our website, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use BELLA+CANVAS' Services. Your continued use of BELLA+CANVAS' Services following the posting of changes to this Privacy Policy will mean that you accept those changes.
AGE OF CONSENT
By accessing BELLA+CANVAS' Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.
INFORMATION WE COLLECT
INFORMATION WE DO NOT INTEND TO COLLECT
When you create an account on our websites or mobile apps, you may provide us information such as your first and last name, e-mail address, password, birthdate and other info you provide. BELLA+CANVAS does not intend to collect and retain records of any sensitive personal information, data regarding minority status, or data received from third parties that is not expressly contemplated by this agreement or contractually authorized. We do not knowingly contact or collect information from persons under the age of majority in your state or province of residence. The Services are not intended to solicit information of any kind from persons under the age of majority in your state or province of residence.
TEXT MESSAGE/SMS CONSENT AND OPT-OUT
If you choose, you can provide your mobile phone number to receive text message alerts containing shipping information that may be sent via our third-party shipper, DHL Express ("DHL") using automated dialing systems ("Text Messages"). You agree that by providing your mobile phone number you expressly consent to receive automated text messages from DHL to the mobile phone number provided. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by following the opt-out instructions that will be sent to the SMS number used by DHL to contact you. Please refer to DHL's privacy policy, found here, for how DHL manages its information.
We may share your mobile phone number with other service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own purposes without your consent. You acknowledge that Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile carrier, it may not be possible to transmit the Text Message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. BELLA+CANVAS expressly disclaims any liability related to third party carriers or service providers.
SECURITY OF TRANSMISSION OF PERSONAL INFORMATION
Unfortunately, the transmission of information via the Internet or e-mail is not completely secure. Although we will do our best to protect Personal Information that you submit to us, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use commercially reasonable procedures and security features to try to prevent unauthorized access.
HOW WE USE YOUR INFORMATION
We may use your Personal Information to provide products and services and to support our business functions. For example, we may use this information for the following purposes:
PROVIDE, IMPROVE, AND DEVELOP THE BELLA+CANVAS SERVICES.
We process this information given our legitimate interest in improving the BELLA+CANVAS Websites and mobile apps and our user's experience with it, and where it is necessary for the adequate performance of the contract with you.
CREATE AND MAINTAIN A TRUSTED AND SAFER ENVIRONMENT.
We use your Personal Information in connection with automated decision making via our third party service provider Shopify to protect our business from fraud during the checkout process. Shopify uses customers' Personal Information to block certain transactions that appear to be fraudulent through automated decision-making (you can review Shopify's Privacy Policy here).
We process this information given our legitimate interest in protecting the BELLA+CANVAS Websites and mobile apps, to measure the adequate performance of our contract with you, and to comply with applicable laws.
PROVIDE, PERSONALIZE, MEASURE, AND IMPROVE OUR ADVERTISING AND MARKETING.
We will process your Personal Information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your BELLA+CANVAS Account.
OTHER PURPOSES.
HOW WE SHARE YOUR INFORMATION
We share your Personal Information under confidentiality agreements with, or obtain data from, third parties in the following ways:
These third parties do not have any independent right to share your Personal Information. We will exercise reasonable measures to have the third parties to whom we disclose your Personal Information respect your Personal Information and comply with applicable data protection laws.
HOW WE KEEP YOUR INFORMATION
We will store your Personal Information for as long as is necessary to achieve the purposes for which it was collected, whether that is to provide services to you, for our own legitimate interests (described above), or so that we can comply with the law. We reserve the right to retain it to the full extent not prohibited by law. We may delete Personal Information in our discretion, so you should retain your own records, and not rely upon our storage of any Personal Information, content, or other data.
We will review the information we hold and when there no longer is a user, legal, or business need for us to hold it, we will either delete it securely or in some cases irreversibly anonymize it. When we delete any information, it will be deleted from our active databases but may remain in our archives.
HOW WE PROTECT YOUR PERSONAL INFORMATION
To prevent unauthorized access, maintain data accuracy, and facilitate the correct use of Personal Information obtained through our websites and mobile apps, we have put in place appropriate physical, technical, and operational measures to safeguard and secure the Personal Information we collect online against unauthorized access, unlawful use, accidental loss, corruption, or destruction.
We also use operational measures to protect your Personal Information, for example by limiting the number of people who have access to your membership information. Access to Personal Information is restricted to BELLA+CANVAS staff members and third party service providers who require the access for specific purposes, such as helping us provide the Services to you.
We use technical measures such as password protection to protect your data and the systems where they are stored. However, messages you send to us through the Internet or otherwise electronically may not be secure. We recommend that you do not send any confidential information to us by email. If you choose to send confidential information to us, you accept the risk that a third party may intercept this information. We make reasonable efforts to keep your information safe and secure while shopping. We protect your online order and Personal Information by using Secure Sockets Layer (SSL) technology. All the data that travels between your computer and our servers is SSL encrypted, and then stored on a computer that is not connected to the Web. To make sure you are accessing a secure server, look at the lower left or right hand corner of your browser window after accessing the server. An un-broken key or closed lock (depending on your browser) indicates that SSL is active in your window. Some versions of browsers and firewalls don't permit communication through secure servers. In that case, you'll be unable to connect to the server so you won't have to worry about mistakenly placing an order through an unsecured connection.
LOCATION OF YOUR PERSONAL INFORMATION / YOUR PARTICULAR CONSENT
You are giving us the following particular express, voluntary, and informed consent to a few activities relating to your Personal Information that is disclosed in providing goods and services to you, or for a purpose directly related to such purpose:
Consent to International Transfer and Disclosure of Personal Information: BELLA+CANVAS is located in the United States ("U.S.") and is subject to the applicable laws of the United States (where data privacy laws are less stringent than in the European Union and certain other jurisdictions). We will store and process information we receive about you, as described in this Privacy Policy, in the U.S.
We are involved in business activities in a variety of countries. For example, our e-commerce store is hosted on Shopify Inc., a Canadian company. Shopify provides us with the online e-commerce platform that allows us to sell our products to you. Your data is stored through Shopify's data storage, databases and the general Shopify application. Accordingly, Shopify may transmit your personal information outside of the country, state, or province in which you are located.
You agree that BELLA+CANVAS and those with whom we share your Personal Information ("Recipients") may disclose, transfer, process, and store your Personal Information outside of your country of origin to our affiliates, sponsors and partners, and any other third party service providers for the purposes described in this Privacy Policy.
Some of the recipients of Personal Information as specified above may be located in countries that do not provide a level of data protection equivalent to that set forth by the European Union and some other jurisdictions. If you submit any Personal Information or choose to access or use the Services offered by BELLA+CANVAS such as our websites or mobile apps, you consent to such disclosure, transfer, process, and storage of information in accordance with this Privacy Notice and subject to such applicable laws which may include access by law enforcement and other government entities including courts and tribunals. If we do transfer Personal Information outside the U.S., we will make sure that it is protected in the same way as if it were being used in the U.S. We will use one of the following legally recognized safeguards protect your information:
Consent to Electronic Notice If There is a Security Breach: We will take reasonable measures to safeguard your Personal Information and prevent such information from unauthorized access, disclosure, or use. However, there can never be a guarantee of data security. If we or a Recipient is required to provide notice of unauthorized access to or other invasion of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our website or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.
YOUR OPT-OUT CHOICES
We also work with third parties such as Google and Facebook to manage our advertising on other websites. Our third party advertising partners may use cookies or similar technologies on our websites or mobile apps and other websites to provide you advertising based upon your browsing activities and interests, or to display ads that link back to our site. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's educational page. You can opt-out of some, but not all, online behavioral based advertising by clicking here or by using your browser settings to block cookies or notify you when a cookie is set. If you are in the European Union, click here to opt out of online behavioral based advertising.
If you do not want BELLA+CANVAS to send you email or postal mail regarding BELLA+CANVAS or its Services, you can choose not to provide your Personal Information to BELLA+CANVAS, even though it might be necessary to make a purchase or to take advantage of certain features on our Services. You may also manage, update and correct the information you provide as part of your online account by logging into your user account and clicking on the "Settings" hyperlink. If you choose not to give us certain Personal Information, you can still use many aspects of our websites and mobile apps. However, you will not be able to access website and mobile app areas that require account registration.
If you have previously opted-in to receiving marketing emails from us, you can update your preferences to tell us specifically what you are interested in hearing about by clicking on the preferences link included in the marketing e-mails. You can update your preferences at any time.
If you would prefer not to receive marketing emails sent by BELLA+CANVAS, simply click on the "unsubscribe" link included at the bottom of any of those emails. If you opt out of receiving marketing emails, we may still send you other types of messages, such as purchase receipts, information about shipments, or emails about your user account.
YOUR RIGHTS OVER YOUR PERSONAL INFORMATION
EU PRIVACY RIGHTS
If you are a European Union resident, in accordance with BELLA+CANVAS's policies and procedures you have the right to review, verify, correct, and request erasure of the Personal Information that we hold about you under certain circumstances. You also have the right to limit, restrict, or object to the processing of your Personal Information under certain circumstances. You may also have the right to request that we transfer your Personal Information to another party to the extent provided for under applicable data privacy laws. For more information on your rights, please see https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
If you want to review, verify, correct, or request erasure of your Personal Information; limit, restrict, or object to the processing of your Personal Information; or request a transfer of your Personal Information to another party, please contact us at help@bellacanvas.com or write to us at
BELLA+CANVAS, LLC
ATTN: Data Protection
825 South Vail Ave.
Montebello, CA 90640
To protect your privacy and security, we also will take reasonable steps to verify your identity before granting access, making corrections, or following such a request to correct or delete your data.
When you contact us, we will respond as soon as possible and where possible within one month. If your request is more complicated, it may take longer to respond to you, but we will respond within three months of your request. There is no charge for most requests, but if you ask us to provide a significant amount of data, for example, we may ask you to pay a reasonable administrative fee. We also may ask you to verify your identity before we provide any information to you.
YOUR CALIFORNIA PRIVACY RIGHTS
The following section pertains to the rights of individuals or households in California ("California consumers").
Civil Code Section 1798.83: Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer's Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.
Rights under the CCPA: As of January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) provided California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.
Under the CCPA, qualifying California consumers may have the following rights:
Right to Know and Right to Delete.
A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.
When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.
Right for Disclosure of Information.
A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.
Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers' account with us, or the security of our systems or networks. We also will not disclose California consumers' social security numbers, driver's license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.
Submitting Requests: If you are a California consumer and would like to make any requests under the CCPA, please write to us at the following address or email:
BELLA+CANVAS HQ
Attn: California Privacy Rights
825 South Vail Ave.
Montebello, CA 90640
help@bellacanvas.com
Verifying Requests: If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.
In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, e-mail address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver's license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than outline above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.
California Do Not Track Disclosure: Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.
COMPLAINTS
If you have any complaints concerning BELLA+CANVAS' processing of your Personal Information, please email us at help@bellacanvas.com or write to us at BELLA+CANVAS, LLC, ATTN: Data Protection, 6670 Flotilla Street, Los Angeles, CA 90040.
Please note that if you are an EU Resident, you may have the right to lodge a complaint with a European Union supervisory authority that is responsible for the protection of Personal Information in the country where you live or work, or in which you think a breach of data protection laws might have taken place. You can learn more about these rights at https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en​.
Customers in the United Kingdom can contact the Information Commissioner's Office by telephone on 0303 123 1113, or by using the live chat service that is available through the Information Commissioner's website www.ico.org.uk.
CONTACT US
If you'd like more information about our privacy practices or want us to delete your Personal Information, feel free to contact us at help@bellacanvas.com​.
BELLA+CANVAS HQ
Attn: California Privacy Rights
825 South Vail Ave.
Montebello, CA 90640
CHANGES TO THIS PRIVACY POLICY
BELLA+CANVAS may change this Privacy Policy from time to time to reflect our current practices. Any changes to this Privacy Policy will be posted on this website or mobile app and will be effective when posted unless another date is referenced in the notice. We recommend you check the Privacy Policy on a regular basis so that you know the current terms and conditions that apply to you. If you use our websites or mobile apps after any changes are effective, you are agreeing to comply with and be bound by them.
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