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Agape Diamonds Privacy Notice
Last updated: January 1, 2020
Agape Diamonds (also referred to as "We" in this Privacy Policy) respects your privacy. We have developed this Privacy Policy to inform you of how we protect the Personal Information that we Collect, Use, Disclose and keep secure. It also covers how Agape Diamonds makes the Personal Information it holds available for access to and correction by you.
We do not release any information to “non-related” third parties nor do we sell your personal information such as name or email address.
Your personal information will be used to provide you with the products, services or information you request; and, as applicable, to satisfy any reporting requirements for customs purposes when shipping your order.
Providing this information is voluntary, but if not provided, we may not process your transaction. Please take a few moments to familiarize yourself with our Privacy Policy.
Contents
- What types of personal information do we collect?
- How do we use your personal information?
- With whom do we share your personal information?
- How do we protect your personal information?
- What are your choices and rights?
- Changes to this privacy notice
- How can you contact us?
- How do we use cookies?
- Supplemental California privacy policy
This privacy notice, describes how we use personal information that we collect from you when you interact with us by:
- Access or use of our website at www.agapediamonds.com or at www.diamondslabcreated.com,
- Sign up in any of our store(s) for any of our online services; or
- Contact us for customer care.
If you are a resident of California, please also see our Supplemental California Privacy Policy at Section 9 of this Privacy Notice below.
1. What Types of Personal Information Do We Collect?
Information You Actively Submit: if you buy our products online, register for an online account with us, use the "wish list" features of our online services, add products to your cart, sign up for updates and marketing communications from us, participate in our sweepstakes or surveys, request specific product customizations from us, submit a product review on our website, contact us for customer service, or otherwise interact with us via our online or telephone services, we may collect personal information about you, including the following:
- Contact Data, which may include your name, alias, username, postal address, email address and telephone number;
- Order information and Account Data, which may include your contact data, payment card information, billing address, birthday and month, gender and/or nationality, and the details of the products or services you have ordered, purchased or requested from us;
- Gift Registry and Wish List Data, which may include your contact data and the products or services you are interested in;
- Giveaways or Sweepstakes Data, which may include your contact data and the details of the giveaway or sweepstakes you have voluntarily entered;
- Social Media Data, which may include your social media interactions with us (e.g., if you "like" or "share" or "comment" on something you see on our social media platforms) and any information you actively provide to us for social media marketing purposes; and
- Correspondence Data, which you voluntarily provide to us when booking an appointment or sign up for an event at one of our store(s), making inquiries to customer care, comments on our social media, product reviews on our site, survey feedback, interests if you choose to participate in our clientele program, and any other information you actively provide to us.
Information Passively Submitted on our Online Services: When you use our online services, we collect information from or about the computer, phone or other device on which you have installed, or from which you access our online services, and information about your usage of our online services, including the following:
- Technical Data, which includes your IP Address, browser type and version, device identifier, location and time zone setting, network and/or service provider, operating system and platform, page response times, and download errors;
- Online Usage and Interaction Data, which includes the websites you visited before and after visiting our website, products you viewed or searched for on our online services, length of visits to certain online pages, online page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from online pages, your interactions with our marketing emails (such as whether and when you opened an email from us, and whether you clicked a link in the email or forwarded the email), and your interactions with our online ads.
Cookies and Related Technologies: We and our business partners may use cookies and other similar technologies such as pixel tags and web beacons to collect certain types of the Technical Data and Usage Data described above as permitted by applicable law. Cookies and similar technologies are placed on our site for the following purposes:
- enable basic functioning of our website;
- web analytics to improve our website (structure, features, accessibility and usability, content, or to fix any technical issues through gathering relevant technical data);
- enable certain basic functions of online browsing and shopping with us (for example, save information you generated or provided on our website such as preferred items, items placed in the cart);
- monitor the effectiveness of our online ads and marketing (by recording your interactions with our ads on third-party websites, our social media platforms or our marketing emails); and
- learn more about your preferences and internet browsing habits to provide you with tailored web-visit.
For more information about the cookies and similar technologies we use, please see our How do we use Cookies in section 8 below.
No Children’s Information: Our online services are not intended for use by children under the age of 16. We do not knowingly register or otherwise collect personal information from any child under the age of 16 without the prior verifiable consent of the child's parent or guardian.
Advertising
Our website integrates technologies of trusted advertising partners (third-party companies) that allow the recognition of your device and the collection of information about your browsing activity in order to provide advertisements about goods and services likely to be of greater interest to you. In particular, these partners collect information about your activity on this website to enable us to show advertisements for our products and/or services to you on third-party websites and apps.
Our partners may use non-cookie technologies on which browser settings that block cookies might have no effect. Your browser may or may not permit you to block such technologies. For this reason, please keep in mind that you can block the collection and use of information related to you by advertising companies for the purpose of serving interest based advertising by visiting the following platforms of self-regulatory programs of which those companies are members:
- The NAI’s opt-out platform: www.networkadvertising.org
- The EDAA’s opt-out platform: http://www.youronlinechoices.com/
- The DAA’s opt-out platform: https://optout.aboutads.info/?c=2&lang=EN
We may share data, such as technical identifiers derived from your registration information on our website or our CRM system with our trusted advertising partners. This allows them to link devices or browsers and provide you a seamless experience across the different environments used or likely used by you.
To read more about the technologies used by our partners and their linking capabilities, if applicable, please refer to their privacy policy listed in the above-mentioned platforms or listed below:
- Criteo privacy policy: http://www.criteo.com
- Google privacy policy: https://policies.google.com/privacy
- Facebook privacy policy: www.facebook.com
- Instagram privacy policy: help.instagram.com
- Messenger privacy policy: www.messenger.com
- Microsoft Bing privacy policy: microsoft.com
- Klaviyo privacy policy: klaviyo.com
- Mailchimp privacy policy: mailchimp.com
We may from time to time utilize the services of other providers to test other advertising avenues. Any provider we may utilize, must demonstrate their compliance with all applicable privacy laws and opt-out or unsubscribe mechanisms as required by the Telephone Consumer Protection Act.
Interest-Based Advertising
We may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Notice provides details and explains how to exercise your choices.
You may see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests. The information our ad networks may collect includes information about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. To learn how to opt out of this ad network interest-based advertising, select here.
Electronic Communications
When you visit our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
2. How Do We Use Your Personal Information?
We use the following categories of personal information for the following purposes:
- Contact Data to communicate with you, via email or via text (sms) including about products and services you have ordered, or to send you updates about our products, services, or campaigns that may be of interest; or purchase reminders when you voluntarily add products to your cart, enter to win a contest, sweepstakes or giveaway.
- Order Information and Account Data to create and manage your account on our website (for example to enable you to access, update and save your preferences to the account); fulfill your orders, including product customization requests.
- Gift Registry and Wish List Data to provide you with the "gift registry" or "wish list" features of our online services, which allow you to identify and save products that you are interested in.
- Social Media Data to interact with you through our social media platforms; and administer social media marketing initiatives or social media advertising campaigns.
- Correspondence Data to respond to any specific queries when you contact customer care, to understand your preferences so that we can provide you with updates about our products, events, or services that may be of interest, provide you with a more tailored shopping experience when you arrive to our store(s), to administer booking appointments at our store(s), to administer sweepstakes and giveaways, or to improve our product offerings and customer experience based on your responses to a survey or product review.
- Technical Data and Online Usage and Interaction Data Technical Data and Online Usage and Interaction Data to provide, maintain, monitor, secure, debug, personalize and optimize our online services to and for you; provide you with customer service and technical assistance - for example when you contact us by email or to our Customer Service Phone Lines or use our chat function; and to generally develop and improve our products and services. We also use technical data that is automatically collected by cookies and related technologies to understand the effectiveness of our ads and social media campaigns.
We also use your personal information for the following purposes (collectively, the "General Processing Purposes"), as permitted by applicable law:
- Advertising and Marketing Activities: To provide you with marketing communications, updates on special offers or promotions, products and services that we believe you may be interested in, or to administer and let you know about our sweepstakes and giveaways. We may tailor the content of those communications based on our understanding of your preferences.
- Compliance with Laws: To perform activities necessary to ensure compliance with applicable national, state, provincial and other applicable laws, and to respond to requests from government authorities.
- Performance of Contracts: To perform our obligations and exercise our rights under our terms of use or any other agreement that you enter with us.
- Protection of Legal Interests: To protect our legal interests, such as in the event of a complaint or dispute.
- Research and Development: To perform research and undertake surveys to understand preferences about our products and customer experience, to improve product design and product testing;
- Merger or Sale: If we, or some or all our assets are acquired by or merged with a third-party entity or about a merger, acquisition, sale, or other change of control, we may transfer some or all the personal information that we have collected about you to another organization as part of that transaction. If we intend to transfer your personal information about such a transaction, we may proceed with notice to you, grant you an opportunity to object, or seek your consent, as permitted or required by applicable law.
3. With Whom Do We Share Your Personal Information?
We do not sell or otherwise share personal information about you, except as described in this Privacy Notice. We may share your personal information with the following types of third parties as permitted by applicable law:
- Our service providers and business partners: we rely on affiliated and unaffiliated companies, agents and contractors to assist us with the provision of tapestry services and products to you, including:
- online payment and fraud prevention service providers when you make a purchase;
- delivery / logistics service providers, to deliver products you have purchased;
- customer care services;
- infrastructure and I.T. service providers, including cloud service providers to administer our website and your account if you register with us;
- marketing, advertising and communications agencies to send you information about products and services that may be of interest to you;
- providers of services related to some enhanced online features such as customer reviews or sizing assistance when you log in to the sizing application linked on our site;
- advertising companies who help us understand the effectiveness of our ads and traffic on our site;
- providers of website testing / analytics services; or
- external auditors and advisers;
We provide our service providers and business partners with access to your personal information so that they may provide services to us, subject to non-disclosure agreements and other data protection safeguards.
- Third parties permitted or required by law: In certain circumstances, we may be required to disclose or share your personal information to comply with a legal or regulatory obligation. For example, we may be required to disclose personal information to regulators, government agencies or to judicial or administrative authorities. We may also disclose your personal information to third parties where disclosure is both legally permissible and necessary to protect or defend our rights, for law enforcement purposes, or to enforce our contracts or protect your rights.
- Third parties connected with business transfers: We may transfer your personal information to third parties about a reorganization, restructuring, merger, acquisition or transfer of assets, provided that the receiving party agrees to treat your personal information in a manner consistent with this privacy notice.
Please note that our online services may contain links to and from the websites of our partners or affiliates that are not owned or operated by us. If you follow a link to any of these websites, please review the privacy policies of third party websites before you submit any personal information to them. We are not responsible for any privacy or security policies of these third-party sites.
4. How do we protect your personal information?
We have implemented technical and organizational security measures intended to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this privacy notice, as well as other administrative, technical and physical safeguards.
For example, when you place an order on our website(s), we use secure socket layer (SSL) technology, an encryption tool that provides security while transmitting information over the internet. We also use firewall technology, password controls, and other technological and procedural safeguards in respect of your online interactions with us.
While we endeavor to protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be completely and absolutely safe from intrusion by others.
5. What are Your Choices and Rights?
Unsubscribe. you may unsubscribe from our marketing emails. To do so, please click the "unsubscribe" link at the bottom of any email that you receive or email us at privacy@agapediamonds.com. Please note that if you have already requested products or services when you decide to withdraw consent, there may be a short period of time for us to update your preferences and ensure that we honor your request.
Update, Modify or Correct Your Information. We encourage you to contact us to update or correct your personal information if it changes, or if you believe that any information that we have collected about you is inaccurate. We may request information from you to honor your request, such as to ensure proper authentication or to verify your identity.
Rights under Applicable Privacy Laws. You may have rights under applicable privacy laws, including to access or erase certain personal information that we have about you, or restrict or object to certain activities in which we engage with respect to your personal information. To submit a request to exercise any such rights, please contact us using the details in section 7 below. If you are a resident of California, please also see our supplemental California privacy policy at section 8 below.
6. Changes to This Privacy Notice
We may change, modify, add, or remove portions of this privacy notice at any time, in which case we will provide individuals with notice of such updates where required by applicable law and then upload the updated privacy notice to our website at www.agapediamonds.com or www.diamondslabcreated.com you should check this page periodically for changes. Your continued use of our online services or any of the other services such as customer care, etc., described in this privacy notice following the posting of changes to this privacy notice will be considered your consent to those changes.
7. How Can You Contact Us?
To exercise any of your privacy rights, or if you have any questions or concerns regarding this privacy notice or the data processing practices outlined herein, please contact us as follows:
- By email: privacy@agapediamonds.com
- By phone: customer service at 1-800-861-5144
- By post: Agape Diamonds Privacy Office; 2959 Van Dyke Rd, Suite 216, Lutz, Florida 33558
8. How Do We Use Cookies?
In this cookie notice, we, Agape Diamonds, LLC., explain how we use cookies and similar digital tracking technologies on our website and other online services.
Like many other organizations, we use cookies or similar digital tracking technologies on our website for several purposes as set out below. Cookies (or other similar technologies) can be placed on our website by us or by third-party partners we engage for our purposes.
Third-party cookies may also be deployed on our behalf on third-party websites (e.g. to measure the effectiveness of ads). We respect applicable law about cookies. In particular, we use cookies only with your authorization where this is required by applicable law. In any case, you may opt-out from cookies at any time by changing your browser settings accordingly. However, as a consequence of your opt-out, certain functions, portions or features of our website may cease working or may prevent you from fully benefiting of our online services.
A. Categories of cookies
Some cookies are deleted when you close-down your browser. These are known as session cookies. Others remain on your device until they expire or you delete them from your cache. These are known as persistent cookies and these types enable us to remember things about you as a returning visitor. The main categories of cookies we use include:
- Strictly necessary cookies: these cookies are essential in order to enable you to move around the website and use its features, and ensuring the security of your online transactions with us and online access to our website. Without these cookies, services you have asked for, such as completing a transaction, cannot be provided. These cookies don’t gather information about you for the purposes of marketing.
- Performance cookies: these cookies allow us to count the number of visitors and collect information about how visitors use a web site, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor although they may collect the I.P address of the device used to access the site. All information these cookies collect is anonymous and is only used to improve how a website works and the user experience. By using our website(s) you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings (please see "how to manage your cookies" section below).
- Functionality cookies: these cookies allow us to recognize you when you return to our website and allows the website to remember choices you make (such as your user name). They may also be used to provide services you have requested such as watching a video. The information these cookies collect is anonymized (i.e. it does not contain your name, address, account details, etc.) and they do not track your browsing activity across other websites. By using our website(s) you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings (please see "how to manage your cookies" section below).
- First and third party cookies: whether a cookie is a first or third party cookie depends on which website the cookie comes from. First party cookies are those set by or on behalf of the website visited. All other cookies are third party cookies.
- Targeting/Marketing cookies: these cookies make marketing messages more relevant to you. We, or a third party advertising network, may collect information relating to your browsing history and interests to tailor relevant advertising to you. The advertisement network partner may use marketing cookies to collect usage, navigational or other statistical data about your activities on our website(s) and mobile applications to provide you targeted advertising based upon your interests, limit the number of times you see the same advertisement on our website(s) or mobile applications and to help measure the effectiveness of advertising campaigns.
- Personalization cookies: cookies may also be used on our website to personalize your shopping experience and enable you to use certain function (such as "add to wishlist" or "save"), to deliver ads which might be relevant to you, or for us to conduct internal testing on what works best for our customers.
- To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. Alternatively, you can search the Internet for other independent information on cookies.
B. Purposes of use of cookies
We use cookies for the following purposes:
- enable basic functioning of our website or to fix any technical issues through gathering relevant technical data;
- web analytics to improve our website (structure, features, accessibility and usability, content);
- enable certain basic functions of online browsing and shopping with us (for example, save information you generated or provided on our website such as preferred items, items placed in the cart, billing address to save time and effort when you next return to our website or shop with us);
- monitor the effectiveness of our online ads and marketing (by recording your interactions with our ads on third-party websites, our social media platforms or our marketing emails or text messages); and
- learn more about your preferences and internet browsing tastes to provide you with tailored advertising (you certainly don't want to hear from us about something you are not interested in).
C. How to manage your cookies?
The browsers of most computers, smartphones and other web-enabled devices are typically set up to accept cookies. If you wish to amend your cookie preferences for this website or any other websites, you can do this through your browser settings. Your browser’s ‘help’ function will tell you how to do this. If you do not want the benefit of cookies, there is a simple procedure to manually delete your cookies at www.allaboutcookies.org, but please visit the links below to opt-out of marketing cookies from over 50+ major third party behavioral advertising providers:
- network advertising initiative: www.networkadvertising.org
- digital advertising alliance:www.aboutads.info
Please remember that cookies are often used to enable and improve certain functions on our website. If you choose to switch certain cookies off, it is likely to affect your user experience.
By continuing to browse on our website, you accept the use of cookies and non-cookie technologies to provide you with tailored content and advertising across websites.
9. Supplemental California Privacy Policy
In this supplemental California privacy policy, we, Agape Diamonds, LLC., disclose information about our data processing practices as required by the California Consumer Privacy Act of 2018 ("CCPA") and California law. This supplemental California privacy policy is effective January 1, 2020.
A. Who and what information is subject to the CCPA?
The CCPA protects California residents as "consumers" with respect to their personal information, although a number of exceptions apply. As a result, the supplemental CCPA disclosures and relevant CCPA rights subsections below may not apply when they restrict our ability to comply with a court order or regulator with competent authority, federal, state or local laws, investigations, cooperation with law enforcement, exercise of our legal claims, or collection or use of de-identified publicly available information.
B. Supplemental CCPA Disclosures
We have set out below the categories of personal information we have collected about California residents in the preceding 12 months and describe, for each category of personal information collected, the business or commercial purposes for which the information was collected. Each of the categories of personal information listed in the table are collected directly from consumers. Each of the categories of personal information in the table may also be shared with the following categories of third parties: (i) our service providers and business partners, including those listed at section 3 above (ii) government entities as required by applicable law (iii) other recipients at your discretion or with your consent (iv) third parties in the event of a proposed or actual business transaction involving all or any portion of our business.
Over the past 12 months, we also used the categories of personal information listed above as necessary to fulfil the General Processing Purposes described in Section 2 of this Notice above.
Although we do not sale your personal information, during the past 12 months, we may have shared certain categories of personal information about California residents with third parties and business partners in a manner that it may be considered or may constitute a "sale" under the CCPA, as described below:
- Online Promotions and Advertising: We work with one or more third parties to (i) administer and analyze effectiveness of advertising or promotional campaigns. These third parties may place cookies on individuals’ computers to receive information about traffic to our site, browsing and purchasing activity on our online services, and (ii) from time to time third parties may help us to provide a more tailored user experience. These third parties may collect information about individuals’ internet or other similar network activity and browsing patterns, IP address, page interaction (such as scrolling, clicks and mouseovers), and information obtained via cookies with these third parties (such as the site visited before or after), and may retain rights to use some of this information for their own purposes.
C. CCPA Rights
California residents have the following rights:
- Right to Opt-out of Sale: California residents have the right to opt-out of our "sales" of their personal information. To exercise this right, email us at privacy@agapediamonds.com with "California request to opt-out" in the subject line, or use the contact details in section 7 of this privacy notice above.
- in addition, to opt out from the sale of your personal information collected by targeting cookies, update your cookie preferences by clicking the "Cookie Settings" link below, and toggle the button from "active" to "inactive". please note that when you opt out of targeting cookies, you may see less relevant ads on other sites as a result.
Cookie Settings
- Right to Know: California residents have the right to request that we disclose what personal information we collect, use, disclose and sell about them specifically. To submit a request to exercise this right to know, please email us at privacy@agapediamonds.com with "California request to know", or use the contact details in section 7 of this privacy notice above. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
- Right to Delete: California residents have the right to request the deletion of personal information that we collect or maintain about them. to submit a request to delete personal information, please email us at privacy@agapediamonds.com with "California request to delete" in the subject line, or use the contact details in section 7 of this privacy notice above. Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA.
- Right Not to be Discriminated Against:you may not be discriminated against because you exercise any of your rights under the CCPA in violation of cal. civ. code § 1798.125.
- Financial Incentives: from time to time we offer consumers who provide their email address, phone number and/or zip code to us for the purposes of receiving our marketing communications (via email as well as by text messages); free shipping, or sometimes a discount on an order. Consumers may opt in by entering their information when prompted upon first visiting our website. Consumers may opt out of marketing communications at any time by following the instructions in such communications. Consumers may also exercise their rights at any time by emailing privacy@agapediamonds.com the financial incentive is permitted under the CCPA because it is not discriminatory in nature — it does not deny consumers their rights under the CCPA or discriminate against consumers who may have exercised their rights under the CCPA.
If you submit a request to exercise your CCPA rights, we may ask that you provide certain information to verify your identity. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.
You can designate an authorized agent to make a request under the CCPA on your behalf if:
- the authorized agent is a natural person or a business entity registered with the secretary of State of California; and
- you sign a written declaration that you authorize the authorized agent to act on your behalf. If you use an authorized agent to submit a request to exercise your right to know, right to opt-out of the "sale" of your personal information, or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described earlier:
- mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf to Agape Diamonds Privacy Office; 2959 Van Dyke Rd, Suite 216, Lutz, Florida 33558; and
- provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue.
If you provide an authorized agent with power of attorney pursuant to California Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
D. Shine the Light Law
California residents are entitled once per year to request and obtain certain information regarding our disclosure, if any, of your personally identifiable information to third parties for their direct marketing purposes during the immediately prior calendar year. To make such a request, please send an email to privacy@agapediamonds.com with your full name, email address, and postal address in your message. In response to your request, we will provide you with a notice describing the cost-free means to opt-out of our sharing your personally identifiable information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.