Privacy Policy
Effective October 2020
At Eclectic Californian we value you, and we strive for transparency in our interactions with you. We seek to make your online experiences with us fun, efficient and as personalized as you would like. You should be able to find the pieces you desire as quickly as possible. If you want to hear from us, you can set that up with us. If you decide you’ve heard enough from us for a while, you can do that too! The information that we obtain from or about you, whether directly or indirectly, helps us understand you better and improve your shopping and other experiences with us.
Above it all, though, our main goals are to gain and maintain your trust, including by addressing any questions or concerns you might have about the privacy and safety of your personal information when it is in our hands.
This Privacy Policy (“Privacy Policy”) describes how Eclectic Californian, LLC. (“Eclectic Californian,” “we,” “us”) collects, uses, processes and shares your personal information (sometimes referred to as “PI”) and other information when you use our US-based website (the “Site”) or mobile app (the “App”) (sometimes collectively referred to as the “Sites”), make a purchase, visit or talk to us on our US-targeted social media pages (“Social Media”), participate in a sweepstakes or contest open to US residents (“Prize Promotions”), contact our customer service agents (“Customer Service”), open our ads, receive or open our e-mails or text messages, or otherwise interact or communicate with us related to any of these services (sometimes collectively referred to as the “Services”).
Throughout this Privacy Policy, we refer to the PI we collect from you, about you, or which may be associated with you, interchangeably without any geographic or legal distinctions. (Please note the subsections below addressing specific jurisdictions and any additional rights that you may have, or any additional requirements that we may have, under the laws of those jurisdictions (see California Privacy Rights and Nevada Consumers). By using the Services from wherever in the world you are located, you consent to our data practices set forth herein (and, if applicable in any particular cases, to any other privacy notice provided at the point of collection, which collection notice will prevail if different from this general Privacy Policy). Unless otherwise noted, your use of our Sites is also subject to our Terms of Use.
Simply put, your PI is important to us. We take commercially reasonable steps to secure it, and aim to use it responsibly and transparently. If you have any privacy questions or concerns, or need reasonable accommodations to enable disability access, you can always contact us.
Information we collect:
In this section we disclose details about the information we collect from and about you in connection with the Services.
Information Collected Directly from You.
We collect personal information and other data from you when you submit it to us or a third party acting on our behalf. The information collected directly from you depends upon how you use the Services. For example:
- When you create an account, we collect your e-mail address, username and password. If you provide it to us, we may also collect additional information from you, including your name, birthday (day and month), physical address, zip code/post code, phone number (home or mobile), gender and/or user image.
- If you make a purchase on our Sites and your shipping address is in the US, we will collect your order-related information, including your billing and shipping address (“Transaction Info”). We will also ask that you provide your payment information (credit card, debit card, or other payment method) at the point of purchase, but Eclectic Californian does not itself collect that information. Instead, that information is passed on to our payment processors, or if you use any third party payment services, directly to them.
- When you return or exchange products, we may also collect Transaction Info.
- If you join our marketing e-mail list, we will collect your e-mail address, and when we send marketing e-mails to you, we (or our vendors working on our behalf) will collect information such as your reaction to our marketing, whether you open or share our e-mails, how long you engage with them, and whether you click the links in the e-mails.
- If you are a resident of the US and join our promotional text messaging program, we will collect your mobile phone number. Only residents of the US are eligible to participate in promotional text messaging programs.
- Our occasional referral programs may enable you to send communications to friends and family, in which case we will collect PI from you about you and about your friend or family member. If you choose to participate in these programs, we rely on you to only send these communications to people who have given you permission to do so. The recipients’ PI that you provide will be used to facilitate the communication, and your contact information and message may also be included in the communication.
- When you contact our Customer Service agents by e-mail, Social Media or via contact forms we provide for that purpose, we will collect (and you expressly consent to our doing so) any personal details and other content that you provide to us, which may include, without limitation, your name, e-mail address, postal address, IP address, geolocation data, and if you contact us via Social Media, your social media handle, your profile photo and any other publicly available information.
- If you participate in a Prize Promotion, we may collect and process your name, social media handle, address, e-mail address, phone number, image, photograph, voice, statements, and/or other information, such as the prize you have won.
Information Collected from Other Sources.
We may also obtain information about you when you log in through a third-party social network or authentication service, such as Facebook or Google. These services will authenticate your identity (so that you do not have to register for an account on our Site or App separately). When you log-in via their services, you will be re-directed to their websites for log-in and they will then share with us your user ID, profile URL, profile picture, name and e-mail address so that (i) we can identify you and so that (ii) your account on their platforms will be connected to our Services. Such platforms may furthermore provide you the option to share certain PI with us, in which case we may receive further information (such as your address book). Your username and profile picture may be visible to all other Eclectic Californian users, regardless of whether they are your “friends.”
When you interact with us through a social media site or third-party service, such as when you like, follow, or share Eclectic Californian content on Facebook, Twitter, Instagram or other sites, we may receive information from the social network, including your profile information, picture, user ID associated with your social media account, and any other information you permit the social network to share with third parties. The data we receive from these third-party sites is dependent upon that third party’s policies and your privacy settings on that third-party site. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Services. If you make a comment or post other content on our Social Media pages, please be aware that you are providing information directly to the social media network subject to their Privacy Policy and terms of use. As with other third party sites, we have no control over and are not responsible for their own data and privacy practices.
We may combine information we receive from other sources with information we have collected directly from you.
Information Automatically Collected when You Use our Services.
In addition to information that you or other parties provide us, “cookies” and other tracking technologies (sometimes generically referred to as “Cookies”) enable us and third parties to collect certain information from you passively when you use our Services. What information is collected depends on how you use our Services, and includes:
- domain name visited
- your browser type and version
- your operating system
- the web pages and other content you view
- the links you click on
- your IP address
- the length of time you spend interacting with the Services
- the referring URL
- the device type from where you access our Sites
- the advertising ID and other unique identifiers associated with your device
- the screen resolution of your device
- the manufacturer of the device you use to access our Services
- the exit page
- your language preferences
- what devices you use to access the Services
- your mobile device ID
- your device name and model
- your mobile operating system, type, name, and version
- the App version
We and third parties offer you ways to limit Cookies.
How we use your information
Our use of your PI, including location information when applicable, is limited to the following purposes, subject to applicable law, unless otherwise disclosed at the point of collection or otherwise consented by you:
- To provide Services to you (including to fulfill your orders)
- To communicate with you through e-mail, text messaging, push notifications, cloud-enabled voice services or other means and devices regarding your account, your purchases (including, without limitation, delivery or shipping-related information), your returns, or your other uses of our Services, including, for example, to send you product updates and availability of previously out-of-stock items
- To respond to your inquiries, resolve your problems and concerns, and for other Customer Service purposes, including, without limitation, for business purposes such as record keeping, quality assurance, training purposes and to improve our Customer Service operations
- To distinguish you from other users of our Sites
- To measure traffic and the effectiveness/success of our ad campaigns and other Services (including those offered through third parties, including our online targeted advertising and offline promotional campaigns.
- To offer you personalized search capability, recommendations, instructions, or help on our Sites and on third party sites
- To assist us in advertising our Services on third party websites, mobile apps, and other online services, and provide you with a better, more personalized experience when you visit our Sites or when we send you marketing communications, or when we otherwise display our content to you on our Sites or on third party sites, or when you otherwise interact with any of our Services
- To customize your experience when you engage with us and to tailor ads and other content to you while you use our Services or when you navigate across the Internet or interact with us across devices
- To better understand how you and others access and use our Services, both on an aggregated and individualized basis, and to conduct further analysis such as identify usage trends and identify target groups, with the goal of continuously improving our Services and enhancing your experience when engaging with us across our Services
- If you have asked us to send you marketing e-mails (or, if you are a US resident, marketing text messages) about our current or upcoming promotional offers or new products or other information we think may be of interest to you, to send you such marketing communications
- To send you promotional mailers by regular (post) mail
- For research, product development, Services enhancement, and analytics purposes
- To build (and/or have others build on our behalf) custom audiences or look-alike audiences that will help us better tailor our ad campaigns and other outreach communications to you, subject to territorial, platform and other limitations where applicable
- To administer our customer loyalty programs
- To administer our customer referral programs
- To execute and promote our Prize Promotions
- To manage Cookies and allow you to manage your Cookie preferences
- To administer surveys and questionnaires for market research or member satisfaction purposes
- To comply with legal obligations, as part of our general business operations, and for other business administration purposes
- To manage the security of the data in our possession and where we believe necessary, to investigate, prevent or take action regarding illegal activities, suspected fraud, cyber security threats, situations involving potential threats to your safety or the safety of any other person or violations of our Terms of Use or this Privacy Policy, or to bring or defend legal claims
- To debug or repair errors in our systems
- To facilitate arrangements we have with business partners
- For other purposes as permitted by applicable law and not inconsistent with this Privacy Policy or any other express statement we make at the point of collection of the PI
Disclosure of information
Subject to applicable law, this Privacy Policy, and any other applicable notices at the point of collection, we may share, or you may yourself share via our Services, your PI, and other information, in connection with our operation of our business, and more specifically as follows:
- Companies providing services on our behalf. We may share your PI with third-party vendors that perform services on our behalf, as needed to carry out their work for us, which may include delivering your orders, providing Customer Service, providing marketing and advertising services to us, conducting security audits, providing accounting or legal services, administering our Prize Promotions, providing web hosting, payment processing services or fraud prevention services, assessing or measuring the performance and functioning of our Sites, providing analytics or providing any other services that we need to operate our business.
- Third party ad networks. We use third party ad networks and other advertising services providers and intermediaries to develop information to enable personalized advertising content for you, to display our ads to you on third party websites and apps you visit, and to measure the effectiveness of those ads. These third parties may place Cookies on your device if you use our Services. Our shared use of your information with these parties helps us tailor ads to your interests. Other parties’ use of Cookies are governed by each applicable company’s specific Privacy Policy.
- Payment service providers. We may use third-party payment service providers to process payments made through the Services. If you wish to make a payment in connection with your use of the Services, your PI will be collected by such a third-party payment service provider and not by us, and thus will be subject to the third party’s Privacy Policy rather than this Privacy Policy.
- Corporate transactions. If we are, or under consideration to be, acquired by, merged with, or invested in by another company, or if our assets are, or may be under consideration to be, transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise (each, a “Corporate Transaction”), we may transfer your PI in connection therewith. As part of Corporate Transactions, we may also share certain of your PI with lenders, auditors, and third party legal and financial advisors.
- In the context of legal processes. We may disclose your PI to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena or if we reasonably believe that such action is necessary to comply with the law and the reasonable requests of law enforcement.
- To protect us and others. We may disclose your PI when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the rights, property or personal safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation, arbitration or government agency investigation in which we are involved.
- General public and other Site or App users. Your user name and any information, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of our Sites if you post such content there.
- Non-PI. We may share aggregate, anonymized, or de-identified information, and other non-PI, about you with affiliated and non-affiliated entities for marketing, advertising, research and other purposes. This Privacy Policy is not intended to limit our disclosure of non-PI, which we reserve the right to disclose and otherwise share as permitted by applicable law.