Effective: [May / 25th / 2018]
Last Updated: [May / 25th / 2018]
II. WHAT INFORMATION WE COLLECT
We may collect information that identifies you (“Personal Data”) when you use the Site which includes: ● Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].
- Contact Data includes [billing address, delivery address, email address and telephone numbers].
- Financial Data includes [bank account and payment card details].
- Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].
- Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site].
- Profile Data includes [your username and password, purchases or orders made by you, your music and entertainment practices, interests, preferences, feedback and survey responses].
- Usage Data includes [information about how you use our Site, products and services].
- Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].
III. INFORMATION COLLECTION FROM YOU
There are several places on our Site where you can share your Personal Data with us and where you can communicate with others.
Registration. Our Site gives you the opportunity to register with us, and sometimes registration is required before certain Site features can be used. Our registration forms may request your Identity, Contact and Profile Data. You may be assigned a Site username and/or password. For our internal purposes, we use such Profile Data information to communicate with you and provide the services you have requested, and to provide a more personalized experience on our Site. For example, your registration may allow you to use and post to Site message boards, create Site profiles, etc. We use aggregate demographic and profile information about our audience in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others. By visiting our Site, you affirmatively consent to our collection and use of your Personal Data.
Newsletters and Other Communications from Us. Our registered users and customers may receive newsletters, email communications, or communications through other channels for, among other purposes, the promotion and marketing of a product or service from our Site and affiliated websites, and business partners, and we may also offer other visitors to our Site the opportunity to sign up to receive such information. When there is a separate signup for newsletters, we may ask for Contact, Identity, and Profile Data. By visiting our Site or affiliated sites, you affirmatively consent to our collection and use of this Personal Data. We use this information in the same manner as we use the contact information in the Registration process described above. We may offer our users the choice whether to receive mailings from others that we think will be of interest. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of email communications. Note that in order to keep our registered users informed about the operation of our services, we may send emails and announcements that are needed for the proper functioning and administration of our Site and service.
Communications with Us. We have features where you can submit information to us (such as when contacting us with a question or feedback). We may retain your emails and other information you submit to us for our internal purposes, and to help us to serve you better.
Interactive and Community Features. Our Site may offer interactive and community features, such as message boards, chat, email accounts, short message service (SMS), instant messaging, profiles, personal homepages, etc. All information posted or sent through these features may be publicly available, and you should be aware that when you voluntarily disclose Personal Data (e.g., Contact and Identity Data) through these features, that information can be collected and used by others and may result in unsolicited communications from other people. By accessing these features and disclosing Personal Data, you affirmatively consent to the distribution of your Personal Data as described above. Users’ posts may be publicly and/or internally associated with their profiles/screennames. Users are solely responsible for the content of messages they post or send on public forums.
Contests, Sweepstakes and Surveys. We may also have contests, sweepstakes and surveys at our Site. When you enter or participate in them, we request Identity and Contact Data from you (such as your full name, email address, mailing address, and telephone number) and may also request demographic or profile information. We will use the information you provide for the purpose of conducting the promotion (for example, to contact you if you have won). We may also use the information to send you newsletters and other information we think may be of interest. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of the email communication. Any Personal Data we collect may be associated with registration information. We may share aggregate information with others. We may sometimes partner with sponsors in offering contests, sweepstakes or surveys, and may share (provide and receive) information with them. By entering or participating in such contests, sweepstakes, and surveys, you affirmatively consent to our collection and use of your Personal Data.
IV. AUTOMATIC DATA COLLECTION
Most common web browsers today, such as Firefox and Internet Explorer, allow you to modify your settings to block cookies entirely, alert you every time they are being sent, or allow their use by only those websites you choose. You can also delete cookies that are currently stored on your computer’s hard drive. To do this within Firefox or Internet Explorer, go to Tools, then Options or Internet Options, and then choose the Privacy tab to make your selections. If you choose to disable cookies, certain features on our Site may not be available or work properly. Also, please note that if you disable/delete all cookies stored on your computer, you will have also disabled the cookies that are used by NAI to help prevent you from receiving unwanted advertising from third party ad networks. If you do not want this to happen, please make sure not to disable/delete the NAI cookie or add NAI to the approved list of sites from whom you allow/accept cookies. Through the use of web logs or log files, we may also gather information such as the date, time, browser type, navigation history, and IP address of all visitors to our Site. We use this information for our internal security audit log, trend analysis, and system administration, and to gather broad demographic information about our user base. We may associate this information with your Personal Data. By visiting our Site, you affirmatively consent to our collection, use, and distribution of your Personal Data.
V. WITH WHOM YOUR INFORMATION IS SHARED
Information provided on our Site may be shared with other parties. As with other third parties, we are not responsible for how they handle the data once they receive it. When we have cobranded or sponsored services, when we host a site, or when we join with other parties to provide specific services, we may share (provide and receive) your Personal Data with them. By visiting these sites, you affirmatively consent to our collection, use and distribution of your Personal Data.
We may share your information with other third parties with whom we have business relationships and, in some cases, we cannot control or know their privacy practices. By visiting our Site, you affirmatively consent to our collection, use, and distribution of your Personal Data. Other than as set forth in this policy, we do not share your Personal Data with other companies, apart from those acting as our agents in providing our service to you, and which agree to use it only for that purpose and to keep the information secure and confidential. Also, please be aware that our affiliates, subsidiaries and sites, affiliated companies and sites, entities into which our companies may be merged, or entities to which any of our assets, products, sites or operations may be transferred, may obtain from us and be able to use your Personal Data. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission. We may share (provide and receive) aggregate information, which is not personally identifiable, with others. This information may include demographic data such as the gender and/or geographic location of groups of users, but it will not include Personal Data (such as your name or email address). We use aggregate demographic information about our audience in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others.
If a user’s personally identifiable information changes (such as zip code), we endeavor to provide a way to correct or update that user’s Personal Data. Please feel free to contact us if you have any questions regarding making changes to your Personal Data.
VIII. DATA COLLECTION FROM CHILDREN
Security for all personally identifiable information is extremely important to us. We store your Personal Data securely, and use special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction.
X. MERCHANT/ECOMMERCE AREAS
We may provide links to non-Audrey Dunham sites. We are not responsible for those other sites, their privacy policies or how they treat information about their users, and we advise you to check their privacy policies.
XII. FOR RESIDENTS OF THE EUROPEAN UNION (“EU”) – GENERAL DATA PROTECTION REGULATION (“GDPR”)
Purposes and Lawful Bases to Process Your Personal Data
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
You have the right to withdraw consent to marketing at any time by contacting us.
- [The purpose for collecting your Identity and Contact Data is to register you as a new customer, and the lawful basis is the performance of a contract with you.
- The purpose for collecting your Identity, Contact, Financial, Transaction and Marketing and Communications Data is to process and deliver your purchases, and the lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests.
- The purpose for collecting your Identity, Contact, Profile, and Marketing and Communications Data is to manage a relationship with you, and the lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
- The purpose for collecting your Identity, Contact, Profile, Usage, and Marketing and Communications Data is to enable you to partake in a contest, competition or complete a survey, and the lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business).
- The purpose for collecting your Identity, Contact, and Technical Data is to administer and protect our business and the Site, and the lawful basis is that it is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise).
- The purpose for collecting your Identity, Contact, Profile, Usage, Marketing and Communications, and Technical Data is to deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you, and the lawful basis is that it is necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
- The purpose for collecting Technical and Usage Data is to use data analytics to improve our Site, marketing, customer relationships and experiences, and the lawful basis is that it is necessary for our legitimate interests (to define types of customers for our products and services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy).
- The purpose for collecting Identity, Contact, Profile, Usage, and Technical Data is to make suggestions and recommendations to you about goods or services that may be of interest to you, and the lawful basis is that it is necessary for legitimate interests (to develop our products/services and grow our business).]
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Internal Third Parties
Other companies affiliated with Audrey Dunham [acting as joint controllers or processors] and who are based in [SPECIFIC COUNTRIES] and provide [IT and system administration services and undertake leadership reporting].
External Third Parties
- Service providers [acting as processors] based in [SPECIFIC COUNTRIES] who provide [IT and system administration services].
- Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based in [SPECIFIC COUNTRIES] who provide [consultancy, banking, legal, insurance and accounting services].
- [DETAILS OF ANY OTHER CATEGORIES OF THIRD PARTIES, FOR EXAMPLE, MARKET RESEARCHERS, FRAUD PREVENTION AGENCIES, PRICE COMPARISON SITES ETC].
We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
We are based in the [United States], which is where [some/all of] your Personal Data will be processed.
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your Personal Data. In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS UNDER THE GDPR
Under certain circumstances, EU residents have rights under data protection laws in relation to their Personal Data. If you are an EU resident, you have the right to:
- Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you have any questions about our privacy practices, please feel free to contact us at:
9460 Wilshire Boulevard
Beverly Hills, CA 90212
1 (818) 793-5700