Privacy policy

 

Privacy Policy

Revised:  March 26, 2024

Your information privacy is extremely important to us. We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the LoveShackFancy website (“Site”) and other services offered by LoveShackFancy (“Services”).  This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below). This Privacy Policy applies to all users of the Site and Services. The Site and Services are provided by LoveShackFancy (“Company” “we” “our” “us”).

BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY.  PLEASE READ IT CAREFULLY.

1. Managing Your Information Preferences

You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by changing the relevant settings in your account or by e-mailing us at customerservice@loveshackfancy.com. You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account. If you have questions or concerns regarding this Privacy Policy, please e-mail us at the same address.

2. Information We Collect

Categories and Types of Personal Information

We collect the following categories and types of personal information:

  • Contact Information: your first and last name, home address and/or mailing address, phone number, email address;
  • Other identifying information: IP address, your credit card numbers;
  • Geolocation data;
  • Internet or other electronic activity: your browsing and click history, including information about how you navigate within our Services and which elements of our Services you use the most;
  • Commercial information: products viewed on our Site;
  • Visual and audio information: photos that you provide to us, date and time that you arrive to and leave our premises;
  • Preferences: details that you provide to us about your interests, your communication preferences; and
  • Inferences: inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude.

Categories of Use

We use your personal information for the following purposes:

  • Transactional Purposes: We use your contact information and commercial information to:
    • Receive, process, confirm, send and track your order or registration;
    • Communicate with you about your account, order or registration; and
    • Process any registration you make to one of our Services.
  • Analytical Purposes: We use your internet activity and browsing history and geolocation data to analyze preferences, trends and statistics.
  • Marketing Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, and inferences to:
    • Inform you of our new products, Services, opportunities and offers;
    • Provide you with targeted advertising; and
    • Provide you with other information from and about our Company, including personalized marketing communications.
  • Maintenance and Improvement of Services and Website: We use your contact information, commercial information, and internet activity and browsing history to:
    • Provide and maintain functionality on our Site;
    • Improve our Site and Services;
    • Provide more relevant search results from the search functions of the Site and Services;
    • Handle your customer services requests, including direct your questions to appropriate individuals, and improve and monitor our customer support responses; and
    • Help us diagnose technical and service problems and administer our Site.
  • Security and Fraud Prevention: We use your contact information, audio and visual information, other identifying information, financial information, geolocation data, internet activity and browsing history, and inferences to protect the website, our company, and others, and for, fraud detection, theft prevention, emergency response purposes, and legal compliance.

Sources of Personal Information

We collect information from the following sources:

We collect information directly from you. We collect contact, certain identifying information and demographic information directly from you.  

We collect information from you passively. We collect Internet or other electronic activity passively using tools like browser cookies, web beacons and tracking pixels, SDKs and other similar technologies. This activity is further described in the Cookies and Online Tracking section below.

3. When We Share Information with Third Parties

Our Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions.  We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

Our Affiliates

We may share Personal Information (including Internet or other electronic activity) with businesses controlling, controlled by, or under common control with our Company. If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information in connection with such transaction.  You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.


Law Enforcement and Courts
In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to our Company or to others. We may also disclose your contact information when we believe the law or legal process requires it.

4. Cookies and Anonymous Identifiers

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie).  We use cookies and other anonymous identifiers to analyze use of and improve the Site and Services and as described in the Advertising and Online Tracking Section of this Privacy Policy. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of the Site or Services may not work if you delete or disable cookies. Some of our Service Providers (defined below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

We use Google Analytics on the Site and Services to collect Internet or other electronic activity, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

5. Personal Information You Make Available to Others

By using the Site or the Services you may make certain of your Personal Information available to others. For example, when you post a comment or a photo on the Site other users may see your name (first name and last name initial), the city you live in and other information that you choose to make available to others.

6. Advertising and Online Tracking

We may allow third-party companies to serve ads and collect certain anonymous information when you visit the Site and Services. These companies may use non-personally identifiable information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you.  These companies typically use a cookie to collect this information.  Our systems do not recognize browser “Do Not Track” signals, but several of our Service Providers who utilize these cookies on our Site enable you to opt out of targeted advertising practices.  To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/.  We also provide you with additional tools to opt out of marketing from us. You can learn about this in the “Managing Your Information Preferences” section of this Privacy Policy.

7. Browsing Session Information

We use technology that maintains a record of your browsing session. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes.

8. Notice to California Residents/Your California Privacy Rights

To opt out of sharing your Personal Information with third parties for their direct marketing purposes, please e-mail us at customerservice@loveshackfancy.com. and clearly state your request, including your name, mailing address, e-mail address and phone number. Please see Section 1 (Managing Your Information Preferences) above for additional information.

9. Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.  We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

10. Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

11. Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.

12. Links

Our Site and Services may contain links to other websites or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.

13. Children’s Privacy

The Site and Services are intended for users who are 13 years old or older.  We do not knowingly collect Personal Information from children under the age of 13.  If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.  California users under the age of 18 may request the removal of their content or information publically posted on the Site or Services by e-mailing us at  customerservice@loveshackfancy.com. Please note that most of the user content that appears on our Site or Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.

14. Special Note for EU Users—Your Rights and Choices

The data controller for the Site and Services is:

LoveShackFancy
111 Fifth Avenue, 8th Floor,
New York  NY  10003

Under EU data protection legislation we are only permitted to use your Personal Information if we have a legal basis for doing so.  In addition to your consent, we rely on the following legal bases to use your information:

  • For employment-related purposes
  • Where we need information to perform the contract we have entered into with you
  • Where we need to comply with a legal obligation
  • Where the processing is necessary for us to carry out activities for which it is in LSF’s legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests, including:
    • Processing that is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns—this will include sending you marketing information from time to time after you have engaged us to provide Services or received Services from us either which may be similar and of interest to you or where you have expressly indicated that you would like to receive such information. You have the right to opt out of receiving this information at any time.


  • Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively—this will include: verifying the accuracy of information that we hold about you and create a better understanding of you as a customer; processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who are specialize in such services; processing for network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorized access or to comply with a request from you in connection with the exercise of any of your rights outlined below.

In more limited circumstances we may also rely on the following legal bases:

  • Where we need to protect your interests (or someone else's interests)
  • Where it is needed in the public interest or for official purposes

You have a number of rights under EU data protection legislation in relation to your Personal Information, these include the right to:

  • Be informed about how we use your Personal Information
  • Obtain access to your Personal Information that we hold
  • Request that your Personal Information is corrected if you believe it is incorrect, incomplete or inaccurate
  • Request that we erase your Personal Information in the following circumstances:
    • If we are continuing to process Personal Information beyond the period when it is necessary to do so for the purpose for which it was originally collected
    • If we are relying on consent as the legal basis for processing and you withdraw consent
    • If we are relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us continue with the processing
    • If the Personal Information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation)
    • If it is necessary to delete the Personal Information to comply with a legal obligation
  • Ask us to restrict our data processing activities where you consider that:
    • Personal Information is inaccurate
    • our processing of your Personal Information is unlawful
    • where we no longer need the Personal Information but you require us to keep it to enable you to establish, exercise or defend a legal claim
    • where you have raised an objection to our use of your Personal Information
  • Request a copy of certain Personal Information that you have provided to us in a commonly used electronic format. This right relates to Personal Information that you have provided to us that we need in order to perform our agreement with you and Personal Information where we are relying on consent to process your Personal Information
  • Object to our processing of your Personal Information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your Personal Information
  • Not be subject to wholly automated decisions which produce legal effects or which could have a similarly significant effect on you.

If you wish to exercise any of your above rights, please reach out to us by emailing us at customerservice@loveshackfancy.com.

Regarding the transfer of Personal Information to countries outside the EU, we have entered, or will enter, into so-called “Standard Contractual Clauses” approved by the Commission of the European Union for international transfer of Personal Information to controllers or processors established in third counties as the case may be.

We only store information about you for only as long as we believe it may be required for the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). Where your information is no longer required, we will ensure it is destroyed in a secure manner.

15. Privacy Rights Under Certain State Privacy Laws

If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you may have certain privacy rights under the applicable privacy laws in your state (“State Privacy Laws”). This section describes those rights and how you can exercise them with LoveShackFancy.

Rights Requests

Right to Know, Right to Deletion and Right to Correct


You can request what personal information we have collected, used, disclosed, and sold. You can also request that we delete your personal information. We may not delete all of your personal information if one of the following exceptions applies:


  • Transactional:to complete a transaction for which the personal information was collected, provide a good or service requested by you, or perform a contract we have with you;
  • Security:to detect data security incidents; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;
  • Error Correction:to debug or repair any errors;
  • Legal:to protect against fraud, harassment, malicious or deceptive activities, or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; to assist another party with any of its obligations under applicable privacy laws; or
  • Internal Use:to use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e. to improve our services).


Please note that if we delete your personal information, many of our services will not work the same. Some examples include, but are not limited to:


  1. Returns: We will not have the ability to look up your receipt or order in our system. In order to process a return or refund, we will require proof of purchase from the customer and if the customer is unable to provide proof of purchase, the transaction will be treated as an unreceipted return in accordance with our return policy.
  2. Customer Service: Our ability to handle customer service requests may be limited. We will not have the ability to look up prior orders or account information and may request proof of purchase in order to service your needs.
  3. Online Account & Shopping: Your online account will no longer exist. Your shopping cart items, order history, saved addresses, saved recipes and any other saved preferences in your online account will no longer be available.
  4. Marketing Communications: We will no longer be able to provide you with any marketing communications, including personalized marketing communication such as information about new products, services and offers tailored to your interests.
  5. Opt Outs: Previous opt-out requests will not be saved.

You may also request that we correct certain inaccurate information that we have about you.

To submit a request to know, a request to correct or a request to delete, please email us at customerservice@loveshackfancy.com or call us at 1-888-262-5173.  In order to verify your identity, you will need to provide at least three of the following pieces of your information: name, telephone number, e-mail address, mailing address, and last transaction amount. We will match this information to the information on our systems. For an online request to delete, we will also send you a second verification to confirm that you want your information to be deleted. In order to designate an authorized agent to act on your behalf you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof at the time they make the request on your behalf. If you wish to make multiple requests under this section, we recommend sending the deletion request last, as we will not be able to fulfill your other requests once we have deleted your information. We will maintain a record of your request to know or request to delete. For a faster way to correct your information, you may go to your LoveShackFancy account to correct it yourself.


Do Not Sell or Share/Use My Personal Information for Targeted Advertising

Personal Information that We Sell or Share/Use for Targeted Advertising

Under California law, “share” means disclosing your personal information by us to a third party for cross-context behavioral advertising, in exchange for money or anything else of value. Thus, when we use the term “share” under this section, we are using it in the narrow meaning of how it is defined under California law. Other State Privacy Laws do not use the term “share,” but describe the concept as using personal information for targeted advertising.

Under the laws of California, Colorado, Connecticut and Utah, “sell” means exchanging your personal information by us with a third party for money or anything else of value. Under Virginia law, “sell” is the exchange of personal information for money only.

Through our participation in digital advertising networks and in connection with select partners, we may sell or share/use for targeted advertising, the following categories of personal information:

  • Identifiers
  • Characteristics of protected classifications under California and federal law;
  • Internet/electronic activity;
  • Commercial information; and
  • Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, preferences, behavior and attitudes.

We do not knowingly sell or share/use for targeted advertising the personal information of minors under the age of 16.

Right to Opt Out of Sale or Sharing/Using Your Personal Information for Targeted Advertising

You can opt-out of us selling or sharing/using your personal information for targeted advertising for online activity by enabling an opt out preference signal for a browser or plug-in that makes it clear that such signal is meant to have the effect of opting you out of the sale and sharing of your Personal Information. To opt out of online and offline selling or sharing, please email us at customerservice@loveshackfancy.com or call us at 1-888-262-5173. Note that if you are logged into your online account, we will process such request for offline sales also, but if we only can identify your device or browser, we will only be able to apply the request to that specific device or browser and only for cookie or pixel based selling and sharing. Note that if you clear your cookies, your opt out request will no longer be saved for that browser.


In order to designate an authorized agent to act on your behalf you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof at the time they make the request on your behalf.

We do not “sell” or “share” Sensitive Personal Information (as defined under State Privacy Laws).

Non-Discrimination

We will not discriminate against you for exercising any of your rights under State Privacy Laws and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services if you exercise any of your rights under State Privacy Laws.

Financial Incentives

We offer various financial incentives. The terms of the financial incentive will be presented to you at the time you sign up. You may withdraw from any of the financial incentives by contacting us at 1-888-262-5173, or by unsubscribing to our email marketing by vising our website. The value of your data is the value of the offer presented to you. We have calculated the value of the incentive by using the expense related to the offer.

Right to Opt out of Profiling

If you are a resident of Colorado, Connecticut or Virginia, you have a right to opt out of any form of automated processing performed on personal information to evaluate, analyze or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location or movements (“Profiling”). To submit a request to opt out of Profiling that is not cookie-based or digital advertising-based Profiling, please email us at customerservice@loveshackfancy.com or call us at 1-888-262-5173. In order to verify your identity, we will send you a verification email. In order to designate an authorized agent to act on your behalf you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof mailed to the address below so that it is received prior to the time the agent makes the request on your behalf. To opt out of cookie-based or digital advertising-based Profiling, please opt out of the selling/sharing of your information for targeted advertising, as described above. Note that if you opt out of profiling, your experience with our brands will be less personalized.


We will not be able to opt you out of Profiling where one of the following exceptions applies:

  • Legal: to comply with applicable laws, rules or regulations; to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by governmental authorities; to cooperate with law enforcement; to investigate, exercise, prepare for or defend actual or anticipated legal claims; or to assist another party with any of its obligations under applicable laws;
  • Security: to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, or malicious, deceptive, or illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;
  • Improvement of Services and Products/Internal use: to conduct internal research to improve, repair or develop products, services or technology;
  • Transactional: to provide a product or service specifically requested by you; to complete a transaction with you or to complete a contract we have with you; and
  • Public Interest: to protect your vital interests or those of another individual.


Right to Appeal

If you are a California, Colorado, Connecticut or Virginia resident and we denied your request, you may appeal the denial by clicking on the link to appeal found in the email communication we sent when your original request was completed.

Sensitive Personal Information

We do not collect or process Sensitive Personal Information, as defined by California Law, for inferring characteristics or use or disclose Sensitive Personal Information for purposes other than those permitted by law.

Retention

We will store your personal information for as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or as required by law.

16. Processing in the United States

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we process and store all information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.

17. Privacy Policy Changes

We may change this Privacy Policy from time to time.  If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy. By continuing to use the Site or Services, you are consenting to the revised Privacy Policy.