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Privacy Policy

We provide this privacy policy (the “Privacy Policy”) to help you understand the kinds of information we may gather about you when you visit the Fragrance Room Website (the “Website”) at https://www.fragranceroom.com or use the Fragrance Room or Fragrance Room Inscentives mobile device and tablet applications (the "Apps"), how we may use and share that information, and how you can control, correct and/or update your information. By visiting the Website or using the Apps, you are accepting the policies and practices described in this Privacy Policy. Each time you access, use, place an order on, or browse the Website and Apps, you signify your acceptance of the then-current Privacy Policy. If you do not accept this Privacy Policy, you are not authorized to use the Website or Apps and must discontinue use of the Website and Apps immediately. This Privacy Policy does not apply to the practices of companies that Fragrance Room does not own or control, or to people whom Fragrance Room does not employ or manage.


Please review the sections below to learn more about our Privacy Policy:


  1. INFORMATION WE COLLECT ABOUT YOU
  2. HOW WE USE, SHARE, AND DISCLOSE YOUR PERSONAL INFORMATION
  3. HOW WE USE, SHARE, AND DISCLOSE YOUR NON-PERSONAL INFORMATION
  4. SOCIAL MEDIA
  5. THIRD PARTY CONTENT AND LINKS
  6. RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION
  7. OPT-OUT POLICY
  8. RESPONSE TO "DO NOT TRACK" SIGNALS
  9. CHILDREN'S PRIVACY
  10. NOTICE OF PRIVACY RIGHTS TO EUROPEAN UNION DATA SUBJECTS
  11. NOTICE OF PRIVACY RIGHTS TO CALIFORNIA RESIDENTS
  12. CHANGES TO THIS PRIVACY POLICY
  13. SECURITY
  14. GOVERNING LAW
  15. CONTACT US


1. INFORMATION WE COLLECT ABOUT YOU

A. Personal Information and Non-Personal Information Defined

Fragrance Room is responsible for determining the purpose and means of processing any "Personal Information" about you that is collected during your use of the Website or Apps or through other aspects of your interaction with Fragrance Room. The Personal Information that Fragrance Room collects about you may include, without limitation, your first and last name, postal address, email address, telephone number, gender, login credentials (username and password), payment card number and other financial account information, billing and shipping information, order history, and preferences for products.

While not considered personal information in the United States, Fragrance Room also may collect Internet Protocol ("IP") address, media access control (MAC) address, or other types of persistent identifiers; location data; information regarding your age, gender and interests with respect to products and services; and factors specific to physical, genetic, psychological, economic, cultural or social identity. Data collected by Fragrance Room that is not Personal Information is referred to as “Non-Personal Information”. Some information that is considered non-personal in the United States may be considered "Personal Data" in the European Union ("EU") and other jurisdictions. For EU data subjects, please see Section 10 below.

B. Information You Provide to Fragrance Room

Fragrance Room collects information about you, including Personal Information, whenever you transact business with Fragrance Room, visit or use the Website or Apps, enter sweepstakes, contests or loyalty programs offered by Fragrance Room, create or update an account, place orders or make purchases from Fragrance Room, or communicate with us about orders or other questions. When you register for an account on the Website or Apps or make purchases on the Website or Apps, for example, you submit information to Fragrance Room, including Personal Information.

Fragrance Room also may acquire information about you, including Personal Information, from publicly available sources, social media platforms, and other parties that may share information as permitted in their privacy policies.

Fragrance Room may combine information collected as described above with information available from other sources (such as other platforms, service providers, analytics services, or publicly available information). If the combined information is maintained, used or shared in a manner that associates it with your name or contact information (online or offline), we will treat such information as Personal Information.

C. Information We Collect from Your Use of the Website or Apps

In addition to the information you provide to Fragrance Room, Fragrance Room also collects technical information about you when you visit the Website or use the Apps. This information is generally considered Non-Personal Information in the United States, but some of this information, such as IP address, MAC address, location data, and other persistent online identifiers, are considered Personal Data in the EU and other jurisdictions. Fragrance Room uses Non-Personal Information to refer to information that does not personally identify you as the individual to whom the data or information relates, which may include data and information that (i) is aggregated (that is, relates to a group of individuals) by Fragrance Room or a third party (“aggregated Non-Personal Information”), or (ii) is not linked to personal contact information (“de-identified Non-Personal Information”). In either case, Non-Personal Information does not personally identify the individual to whom the information or data collected relates, nor can it be used for such purposes. For EU data subjects, please see Section 10 below.

Non-Personal Information may include, without limitation, IP address, MAC address, Collection Technology information (as described below), the pages you request, type of computer or device you use, the operating system you use (e.g., Microsoft Windows, Mac OS, Google Chrome OS, iOS or Android), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer or Safari), the domain name of the Internet service provider you use, your activities while visiting or using Website or Apps and the content you access or view, the time of your visit to or use of the Website or Apps, the pages you visit and the time spent on the pages, information regarding the websites you visit prior to and after visiting the Website or using the Apps, information regarding your Internet location when you see Fragrance Room’s ads and whether you click on such ads, and your general geographic location such as the city from which your computer or device is connecting to the Internet.

Fragrance Room automatically receives and records Non-Personal Information on our server logs from your browser as well as through other analysis of the Website or Apps. Fragrance Room also may obtain Non-Personal Information from you via social media platforms, vendors and other third parties, such as Google, Inc. (“Google”) and the operators of other websites or applications that you have visited or used, some of which partner with us or with a display network or analytics service utilized by Fragrance Room, and may share information with us as permitted in such third party’s privacy policy. Non-Personal Information also may be obtained from inferences based upon the websites you visit, third party data, information you share on other websites, social media platforms and applications, or demographics derived from profiles you create, such as a Google profile.

D. Information collected by Shopify

Fragrance Room uses a third party to host our Website and process your payments for purchases from us, called Shopify Inc. Shopify collects directly from you certain Fragrance Room customer information, including name, email, shipping and billing address, payment details, company name, phone number, IP address, information about orders you initiate, information about the other Shopify-supported merchant stores that you visit, and information about the device and browser you use, for use in supporting and processing payments for orders, risk and fraud screening, authentication, its own marketing directly to you, and improving its services. The Shopify privacy policy is available here: https://www.shopify.com/legal/privacy. Please review the Shopify policy as it applies to information Shopify collects from you, some of which Shopify uses to send marketing messages and other communications directly to you, independently of its services to Fragrance Room.

E. Cookies and similar technologies

i. Cookies and other “Collection Technology”

Personal Information and Non-Personal Information may be collected in a variety of ways, but Collection Technology is often used. “Collection Technology” refers to cookies, web beacons, pixels, gifs, tags and other technologies that collect information in similar ways. Collection Technology such as a cookie may store a piece of data on your browser or device, while other forms of Collection Technology may identify your browser or device and/or collect information through other means. When you visit the Website or use the Apps or visit another website or application your browser or device may be exposed to Collection Technology and Collection Technology may be stored on your browser or device. Fragrance Room may come to acquire Personal Information and Non-Personal Information through Collection Technology. For more information about your choices concerning cookies and other Collection Technology as they relate to targeted advertisements, see the link to Your Ad Choices from the Digital Advertising Alliance in Section 3 below.

You may delete and/or refuse the use of certain Collection Technologies by selecting the appropriate settings on your browser. You may use the Website or Apps even if you choose to refuse or delete such Collection Technologies; however please note that this may affect your ability to use the full functionality of the Website or Apps, and may impact our ability to customize the Website or Apps for you. For EU data subjects, please see Section 10 below.

ii. Analytics Services

The Website or Apps may use analytics services provided by third parties, such as the analytics services of Google Analytics, among others. These analytics services use Collection Technology to collect and store information about you and your use of the Website or Apps, which may include Non-Personal Information and, for purposes of the EU, Personal Data.

You can read Google's privacy policy, which applies to Google Analytics, at https://policies.google.com/privacy. You can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current browser https://tools.google.com/dlpage/gaoptout.

Analytics services also may offer certain advertising features, which the Website or Apps may utilize. For example, the Website or Apps may use these advertising features of Google Analytics:

(a) “Demographics and Interest Reporting” to analyze information regarding the interests and demographics of users of the Website or Apps.

(b)“Remarketing with Google Analytics” to place ads on other websites directed to people who have visited the Website or used the Apps.

(c) “Google Display Network Impression Reporting” to report how people’s interactions with Fragrance Room ads relate to their visits to the Website or use of the Apps.

(d) Integrated services that require Google Analytics to collect data via Collection Technology, such as advertising cooking and identifiers.

You can change your settings for Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings at https://www.google.com/settings/ads.

 

2. HOW WE USE, SHARE, AND DISCLOSE YOUR PERSONAL INFORMATION

Fragrance Room and its Service Providers (defined below) may use your Personal Information to provide products or services to you, carry out the purposes for which you provided the information, improve our products and services, keep you apprised of events, promotions, and campaigns, administer and process payments, fulfill orders, ship and confirm orders, provide customer service, update account information, post the materials that you want to share, email, transmit or otherwise make available via a Website and Apps ("Submissions"), inform you of products or services that may be of interest to you, customize the content or functionality of the Website and Apps to your preferences, present you with targeted content and advertisements, inquire as to whether you would like to receive additional information regarding our products or services, forward updates, announcements, and newsletters, respond to your communications, and communicate with you about the Website, Apps, and your purchases or other interactions with Fragrance Room.

When you submit Personal Information to Fragrance Room, you authorize Fragrance Room and its Service Providers to use that Personal Information for the particular purpose for which you transmitted it. In addition, you agree that Fragrance Room and its Service Providers may transmit email and send direct mail to you, send push notifications to your device, and otherwise contact you concerning the matters mentioned above.

Fragrance Room shares Personal Information with those Fragrance Room employees and Service Providers who we believe reasonably need that information to perform the tasks described in the preceding sentence.

Your Personal Information will be intentionally disclosed to third parties only as follows:

A. Disclosure of your information to third parties assisting in our operations

We share your information with other companies who help us to meet our obligations to you or to take steps at your request prior to finalizing a purchase or to respond to your inquiries. We use a number of third parties to assist us with running our business and who process your information for us on our behalf.

Fragrance Room may provide your Personal Information to trusted operators who work on behalf of or with Fragrance Room under confidentiality or similar agreements including service providers, shippers, vendors, payment processors, advertisers, consultants and affiliates (“Service Providers”). These Service Providers may use your Personal Information as provided in the first paragraph of this Section 2 to help Fragrance Room administer its business or the Website or Apps, including but not limited to assistance in administering and processing payments, fulfilling orders, shipping and confirming orders, or communicating with you about offers or other information relevant to Fragrance Room. Fragrance Room’s Service Providers treat Personal Information in accordance with applicable law.

For example, we use a third party email provider/customer service management tool to store emails and messages you send us. Our third party email provider is Zendesk, Inc. Their privacy policy is available here https://www.zendesk.com/company/customers-partners/privacy-policy/. We also use a third party service provider to send out our e-newsletter and administer our mailing list, Klaviyo. Their privacy policy is available here: https://www.klaviyo.com/privacy. We use a third party loyalty program provided by smile.io. Their privacy policy is available here: https://smile.io/privacy-policy.

We use Shopify Inc. as a hosting provider and for payment processing. As described in Section 1.D. above, Shopify collects information from you, some of which it uses to send marketing messages and other communications directly to you, independently of its services to Fragrance Room. The Shopify privacy policy is available here: shopify.com/privacy

B. Disclosures under special circumstances

Fragrance Room may provide information about you in response to or to cooperate with law enforcement, government requests, subpoenas, court orders or legal process; to respond to your requests for customer service or other information; to enforce the Terms of Use; to establish or exercise our legal rights or defend against legal claims; or to protect the safety or property of Fragrance Room or others. Fragrance Room also may provide information about you if Fragrance Room believes it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud including as identified by automated decision-making, situations involving potential threats to the physical safety of any person, or as otherwise required or permitted by law.

C. Major transactions

Fragrance Room reserves the right to transfer any and all information, including without limitation Personal Information, to any affiliate or a third party or successor in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our business or operations (including without limitation in connection with bankruptcy or any similar proceedings).


3. HOW WE USE, SHARE, AND DISCLOSE YOUR NON-PERSONAL INFORMATION

Fragrance Room and its Service Providers may use your Non-Personal Information in a variety of ways, such as to administer the Website and Apps, improve the Website and Apps, improve navigation of the Website and Apps upon your return visit, improve the products and services we offer, analyze and develop advertisements and advertising campaigns, provide you with special offers and promotions and determine their effectiveness, customize the content or functionality of Website and Apps to your preferences, and analyze trends and Website usage.

Fragrance Room also may use Non-Personal information to present you with targeted content and advertisements (including on third party websites) based on your past visits to the Website and Apps and Non-Personal Information collected over time by us and third parties, and to determine the effectiveness of and optimize the content and advertisements, analyze your interactions with the content and advertisements you are presented with, and how those interactions relate to your visits to the Website and Apps. If you prefer not to receive targeted advertisements from us, as described above, please click on the following link to Your Ad Choices from the Digital Advertising Alliance: http://www.aboutads.info/choices. Please note that you still may receive standard advertisements from us and targeted advertisements from third parties after clicking the link. You may need to re-click the link if you delete Collection Technology or use a different computer or browser.

Fragrance Room may share or disclose your Non-Personal Information with or to employees and Service Providers who Fragrance Room reasonably believes need such information to perform the tasks described in this Section 3. Fragrance Room also may use, disclose or share your Non-Personal Information in any other way it desires. If any aggregated Non-Personal Information or de-identified Non-Personal Information becomes identifiable to a person, Fragrance Room will treat such information as Personal Information. We will ask our contracting parties to agree to keep the aggregated Non-Personal Information and de-identified Non-Personal Information in its aggregated or de-identified form.


4. SOCIAL MEDIA

Our Website and Apps may provide you with the ability to register, log into, “like” or otherwise interact with third party social media services, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, YouTube, and other social media services. These features may enable integration and/or access to your social media accounts. We do not control these social media services or your profiles on these services, and we do not establish privacy settings or rules for how your personal information on these services will be used. If you choose to log on to or submit information through any of these social media services, your personal information will be subject to the applicable social media service’s terms and conditions and your current privacy settings on such social media service. By accessing the Website or Apps through any social media service, you assume the risk that the Personal Information you have provided on that service may be viewed and/or used by Fragrance Room or others for any purpose. You agree that we are not responsible for any acts or omissions by these social media service providers.

In addition, by choosing to log in to our Apps using your credentials from a social media service, you are asking that service to send us certain information from your account with the service, and you authorize us to collect, store and use such information in accordance with this Privacy Policy.


5. THIRD PARTY CONTENT AND LINKS

Our Website and Apps may contain content hosted or served by third parties or links to websites operated by third parties. Please be advised that the practices described in this Privacy Policy for Fragrance Room do not apply to information gathered by these third parties. We are not responsible for the actions and privacy policies employed by any third party, and our hosting of third party content or linking to third party websites does not constitute an endorsement of the content or business practices of those third parties.


6. RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION

You may review, update or modify certain of the Personal Information that is stored in your user account on the Website or Apps (if you have one) by logging into the “My Account” or similar area of the Website or Apps. You also may contact us at support@fragranceroom.com to update your information. While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on your requests, if allowed or required by applicable laws. Please bear in mind that if you exercise such rights this may affect our ability to provide our products and services.


7. OPT-OUT POLICY

You may opt-out of receiving future commercial emails and newsletters from Fragrance Room by clicking on the “unsubscribe” link within the email you receive. You also may opt out of receiving further commercial emails from us by sending us a message at support@fragranceroom.com. Please note that your request not to receive commercial emails from us will not apply to messages that you request or that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us, even if you opt out of receiving commercial messages.

You may request Fragrance Room not share your Personal Information with third parties for their direct marketing purposes by sending us an email at support@fragranceroom.com. When contacting us, please indicate your name, address, email address, the Website or App to which your request pertains, and what Personal Information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your Personal Information or for processing this request.


8. RESPONSE TO “DO NOT TRACK” SIGNALS

Except as otherwise specified in this Privacy Policy, Fragrance Room does not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, Fragrance Room reserves the right to do so in the future.


9. CHILDREN'S POLICY

Fragrance Room is committed to protecting the privacy of children. We do not knowingly contact or collect information from persons under the age of 18. The Website and Apps are not intended to solicit information of any kind from persons under the age of 18. If you are under age 13, you are not permitted to use the Website or Apps or to submit any personally identifiable information to the Website or Apps. If you provide information through the Website or Apps, you represent and warrant to Fragrance Room that you are 18 years of age or older. If you are a parent or guardian and believe Fragrance Room may have inadvertently collected Personal Information from your child, please notify Fragrance Room immediately by sending an email, including the Website or App to which your request pertains, to support@fragranceroom.com.


10. NOTICE OF PRIVACY RIGHTS TO EUROPEAN UNION DATA SUBJECTS

Fragrance Room does not target EU data subjects for marketing, and only ships its products to addresses within the continental United States. To the extent we are aware that you are a data subject within the meaning of the European Global Data Privacy Regulation (“GDPR”), we will handle information about you as provided in this section. For EU data subjects, this section will control over other sections of this Privacy Policy. As of May 25, 2018, if we are aware that you are a EU data subject, Fragrance Room will not collect, use or share your "Personal Data" as defined under the GDPR without your express consent, or track your online behavior while you are in the EU. To the extent legally required, we will seek your express consent prior to using or sharing your Personal Data, or tracking your online behavior, as required under the GDPR.

Fragrance Room also will comply with the GDPR to ensure that the Personal Data it collects, processes, or shares with others for processing is (i) relevant for the purposes for which the Personal Data is to be used; (ii) reliable for its intended use; and (iii) accurate, complete, and current.

Fragrance Room keeps your Personal Data in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the Personal Data is processed.

If you are a data subject under the GDPR, you have the following rights when it comes to Fragrance Room’s handling of your Personal Data:

  • Right of Access - the right to be informed of and request access to the Personal Data we process about you;
  • Right to Rectification - the right to request that we amend or update your Personal Data where it is inaccurate or incomplete;
  • Right to Erasure - the right to request that we delete your Personal Data;
  • Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your Personal Data;
  • Right to Object -
    • the right to object to us processing your Personal Data on grounds relating to your particular situation;
    • the right to object to your Personal Data being processed for direct marketing purposes;
  • Right to Data Portability - the right to request a copy of your Personal Data in electronic format and the right to transmit that Personal Data for use in another party’s service; and
  • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

 

Please contact support@fragranceroom.com if you would like to exercise any of these rights or if you have any concerns about how we process your Personal Data. You are also free to lodge a complaint with the relevant and applicable supervisory authority, should you feel that we have processed your Personal Data in way that is against applicable law.


11. NOTICE OF PRIVACY RIGHTS TO CALIFORNIA RESIDENTS

If you are a California resident, subject to certain limits under California Civil Code § 1798.83, you may ask us to provide you with: (i) a list of certain categories of Personal Information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and (ii) the identity of those third parties. To make this request, California residents may contact us by sending an e-mail to support@fragranceroom.com, specifying that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. Please note that Fragrance Room is entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of personal information pursuant to our Opt-Out Policy (which is cost-free to you).


12. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. We display an effective date on the upper left corner of the Privacy Policy (“Last Revised Date”) for you to know when there has been a change. Accordingly, you should check the Privacy Policy on a regular basis for the most current privacy practices. Each time you access, use or browse the Website or Apps, you signify your acceptance of the then current changes to the Privacy Policy applying to your Personal Information collected by us on and from the effective date of such changes to the extent required by law.

Any changes in the Privacy Policy will take effect upon posting. If Fragrance Room makes any material changes to this Privacy Policy, Fragrance Room will provide you with notice or have other communications with you in the manner and to the extent required by law before using your information for a purpose that is different from the purposes for which we originally collected it.


13. SECURITY

Fragrance Room stores Personal Information using industry standard, reasonable and technically feasible physical, technical and administrative safeguards against foreseeable risks, such as unauthorized access, use, alteration, loss or disclosure. However, please remember that no data storage or data transmission over the Internet, or by other means, can be guaranteed to be 100% secure. Thus, Fragrance Room cannot ensure the security of any information you transmit to us. Therefore, you understand, acknowledge and agree that you transmit information, including your Personal Information, to us and our Website and Apps at your own risk.

Please remember that any information you share in public areas, such as forums, message boards or feedback sections, becomes public and anyone may take and use that information. Please be careful about what you disclose and do not post any personal information that you expect to keep private. Please consult our Terms of Use and the applicable guidelines, if any, for use of our forums and other community areas for more information.


14. GOVERNING LAW

This Privacy Policy shall be governed by, and will be construed under, the State of New York, without regard to choice of law principles. Those who choose to access the Website or Apps from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside. Fragrance Room may limit the availability of its Website or Apps, in whole or in part, to any person, geographic area or jurisdiction, at any time in its sole discretion.

Information collected through the Website or Apps may be transferred to and processed in the United States, the laws of which may have different levels of privacy protection from your country. Our third party hosting provider and payment method servicer is Shopify with servers located throughout North America, including the United States and Canada, and where its sub-processors may be located. The Shopify privacy policy is available here: https://www.shopify.com/legal/privacy. By using our Website or Apps, you consent to the general use of your information as provided in this Privacy Policy and to the transfer of information to, and processing and storage of that information in, the United States and Canada. For EU data subjects, see Section 10.


15. CONTACT US

If you have any questions about this Privacy Policy or our Website or Apps, please contact us at support@fragranceroom.com. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to the Website, Apps, or to Fragrance Room generally.