Privacy Policy

Last updated: March 01, 2023

Fergalicious® (“us”, “we”, or “our”) operates thefergalicious.com (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email address, postal address, phone number (“Personal Information”).

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).

This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Changes To This Privacy Policy

This Privacy Policy is effective as of March 01, 2023 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us at:

Fergalicious®
123 Shoe Street
Los Angeles, CA 90001
[email protected]

Below is a summary of our privacy practices regarding the information you provide to us.

Information We Collect and How We Use It

The following outlines the types of information we gather, how we use it, and the legal basis for processing such information.

Account Information. When you create an account, we collect your name, email address, and other profile information you provide. We use this information to operate, maintain, and provide access to your account, send product and service updates, offers, and other related communications. Our legal basis includes compliance with our Terms of Service and legitimate interest in communicating with users.

Orders. We collect information regarding the products you purchase, transaction details, and payment information to process your orders and fulfill our obligations. Our legal basis includes compliance with laws, contract performance, and legitimate interest in providing the services.

Communication. When you contact us directly, we collect information regarding the communication to respond appropriately. We use information you provide to address your request, concerns, or other issues. Our legal basis is legitimate interest and consent.

Surveys, Contests, & Promotions. From time-to-time, we collect survey responses, run contests, and offer promotions requesting information such as name, contact details, and demographic information to notify winners, analyze data, and improve user experience. Our legal basis is legitimate interest and consent where applicable. You’re not required to provide this information to browse our site.

Website Behavior. We use cookies, log files, and third-party services to collect device information, in-app behavior, and usage data regarding your interactions like pages viewed, links clicked, and time spent on pages. Our legal basis includes consent, compliance with regulations, and legitimate interest to analyze site performance and customize your experience.

Marketing Communications. With your consent, we will collect contact information including email to send promotional content, newsletters, and other marketing communications. You can unsubscribe from our marketing emails at any time. Our legal basis is consent.

How We Share Information

We do not rent or sell your Personal Information. We only disclose it in the limited circumstances outlined below:

  • Service Providers. We engage certain trusted third parties to perform functions and provide services, like hosting, payment processing, fulfillment, and other support services. We will share your Personal Information with these parties, but only to the extent necessary to perform these functions.
  • Compliance with Laws. We may collect, use, retain, and share your information when we have a good faith belief it is necessary to comply with a legal obligation or request, or to protect our rights, property, or safety.
  • Business Transfers. If we sell or transfer assets of Fergalicious® or are otherwise involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that deal. You will be notified via prominent notice on our website of any such change in ownership or control of your personal information.
  • Aggregated or Anonymized Data. We may also share aggregated or anonymized information that does not directly identify you.

Advertising Partners Privacy Policies

Third-Party Analytics. We use analytics services like Google Analytics to collect information regarding visitor behavior and trends to improve our website and user experience. These services collect information sent by your device or our website, including pages visited, add-ons, your IP address, and other information that assists us in improving our website. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User. Google’s ability to use and share information collected by Google Analytics about your visits to our website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Social Media Features. Our website includes social media features, like the Facebook Like button. These features may collect information about your IP address and page you are visiting on our website, and they may set a cookie to make sure the feature functions properly. Social media features are either hosted by a third party or hosted directly on our website. Your interactions with these features apart from visiting our website are governed by the privacy policy of the company providing it.

Third-Party Partners. From time to time we partner with third parties for sweepstakes, contests, product sampling, or other initiatives. Any information provided to these third parties are governed by their respective privacy policies.

Your Rights & Choices

  • You may unsubscribe from email communications by clicking the “unsubscribe” link found within our emails. Please allow us up to 10 days to process your request.
  • You may modify or delete your account information on your account settings page. Requests to delete accounts will be completed within 30 days.
  • You have the right to access your personal data to review, correct, update, suppress, or restrict the processing upon written request.
  • You may have the right to request erasure of personal data we have involving you. This does not include data we are required to keep for administrative, legal, or security purposes.
  • You may contact us at any time to request information about how your personal information is being used and processed.

Requests regarding your personal information may be emailed to [email protected]. For your protection, we will take reasonable steps to verify identity before fulfilling these requests.

EU Residents

This section of the privacy policy provides additional details specifically for EU residents under relevant data protection laws, like GDPR.

Legal Basis For Processing

Beyond what is stated above, we collect, use, and share EU resident data only when we have legal basis to do so under GDPR and other applicable laws. This includes:

  • When we have consent to do so, such as marketing communications. This consent can be revoked at any time.
  • When we have a contractual obligation, such as processing purchases and fulfilling orders per our Terms of Service.
  • When necessary it is for our legitimate interest and does not outweigh your rights and freedoms. We will note when we rely on legitimate interest as a basis in our purposes above.
  • To comply with legal obligations or defend legal rights.

Data Retention

We retain your personal information for as long as required to fulfil our obligations, comply with laws, and resolve disputes. Data associated with your account will be kept until your account is deleted, unless we no longer need the data to provide services. Non-account data will be retained for the periods noted below:

  • Orders: 5 years after purchase
  • Promotions: 3 years after promotion ends
  • Surveys: 3 years after survey is conducted
  • Marketing Messages: 3 years after last interaction if you do not engage for 1 year

Longer retention periods may apply if required by law. Data will then be deleted unless an exception allowing further retention applies.

Safeguards

We use reasonable and appropriate physical, organizational, and technical safeguards to protect your information. Data is hosted on secure cloud infrastructure with thoughtful access and controls. However, no security measures can be 100% effective and we cannot guarantee absolute security. You play an important role in protecting your information by maintaining the security and confidentiality of your account username and password. Notify our support team immediately if you become aware of any unauthorized access to your account.

Data Location & Transfers

We store data in the United States and it may be transferred globally as outlined above. Transfers comply with data protection laws, rely on legally provided mechanisms to lawful data transfer mechanisms like standard contracts, or proceed based on your consent.

Your Rights

Under GDPR and other laws, EU residents have certain rights regarding personal information:

  • Access: You may have the right to request access to or a copy of your personal data.
  • Rectification: You may have the right to request correction of inaccurate data.
  • Erasure: You may have the right to request we delete your data, subject to exceptions allowed by law.
  • Restrict Processing: You may have the right to request we restrict the processing of your data in some circumstances.
  • Object: You may have the right to object to processing of your data under certain circumstances.
  • Portability: You may have the right to a machine-readable copy of your data that you provided to us.
  • Complaint: You have the right to lodge a complaint with an applicable supervisory authority.
  • Withdraw Consent: You have the right to withdraw any consent you provide, at any time.

To exercise these rights, please submit a written request as described above under “Your Rights & Choices”. Please note these rights are limited in some situations under applicable laws.

California Residents

This section of the privacy policy provides additional details specifically for California residents under the California Consumer Privacy Act (“CCPA”).

CCPA Definitions

Categories of Personal Information. In the preceding 12 months, we have collected these categories of personal information covered by CCPA about California residents:

  • Identifiers: identifiers like name, postal address, email
  • Characteristics: gender, age
  • Commercial information: purchases, transaction details
  • Internet data: browsing history, device information, cookies
  • Geolocation data: city or town
  • Inferences: user preferences

Purposes for Collecting and Selling. In the preceding 12 months, we have collected and used this personal information for the following purposes outlined in detail above:

  • Provide products and services
  • Communicate about orders, transactions, promotions
  • Improve your customer experience
  • Personalize content and experiences
  • Market and advertise our products and services
  • Debug errors and improve security

Sources of Personal Information. In the preceding 12 months, we have obtained these categories of personal information from the following categories of sources:

  • Directly from customers or users themselves
  • Third-party business partners assisting with services like payment processing, fraud prevention, product customization, shipping, marketing and analytics
  • Social media platforms when you interact with our pages or ads
  • Website tech tools like analytics providers, advertising networks, hosting services, and internet service providers

We have not sold personal information subject to CCPA, including personal information of minors under the age of 16.

Your CCPA Rights

As a California resident, you have certain rights under CCPA regarding personal information we collect and use:

  • Access: You may request more information about the categories and specific pieces of data we collect, use, and disclose. You also have the right to request a copy of the personal information we have collected about you in the last 12 months.
  • Deletion: You may request we delete personal information we collect from you, subject to certain limitations under applicable law.
  • Opt-Out of Sale: You have the right to opt-out of any sale of personal information. We do not sell your data.
  • Non-Discrimination: You are entitled to exercise these rights without suffering discrimination, meaning we cannot deny or charge different prices or rates to you because you exercised CCPA rights.

To exercise these rights, you may contact us by email at [email protected] or by referring to the contact details at the bottom of this document. Only you or your authorized agent may make requests regarding your personal information. You may also designate an authorized agent to make a request on your behalf by providing the authorized agent written permission to do so and verifying your identity.

Verifying Requests

When receiving an access or deletion request, we take steps to verify identity before the request is processed. These verification steps depend on the sensitivity of data and may include asking you to provide information associated with your account or identity that we maintain or require you to log into your account if it exists. Once your request is verified, it will be processed. We will notify you once action has been taken, typically within 45 days as required by law.

Minors

We do not knowingly collect information from minors under the age of 16 without obtaining consent from a parent or guardian. If you believe we have information from a minor under 16 in the absence of such consent, please contact us immediately so we can delete this data.

Contact Us

If you have any questions about our Privacy Policy or practices, please contact us via email at [email protected] or by referring to the contact details below.

Fergalicious®
123 Shoe Street
Los Angeles, CA 90001
[email protected]

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