Privacy Policy
Changes to this Privacy Policy
We may make changes to this Policy from time to time and will post the date it was last updated at the top of this Policy. Any changes to this Policy will become effective on the “Last Updated” date indicated above. We will provide additional notice to you if we make changes to this Policy that materially affects your privacy rights.
We may also provide “just-in-time” disclosure or additional information about our information collection, use, and sharing practices for specific Services. These notices may supplement or clarify our privacy practices or provide you with additional choices about how we process your Personal Information.
1. Personal Information Collection
We collect certain Personal Information when you use our Services. Personal Information is typically data that identifies an individual or relates to an identifiable individual, though the definition of Personal Information depends on the applicable law where you are located. Only the definition that applies to your physical location will apply to you under this Policy. The Personal Information that we collect depends on your interactions with us, and the choices you make.
The Personal Information we collect from you, either directly or indirectly, will depend on how you interact with us and our Services. Such Personal Information broadly falls into the following categories:
Information That You Voluntarily Provide to Us: We, or our service providers that assist us in providing, maintaining, and operating our Services, may collect the following types of Personal Information from you:
- Customer Account Information: Information you provide about yourself to register an account to buy or sell products through our Services, including name, email address, phone number, mailing address, profile picture, and password.
- Payment Information: When you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, shipping address, phone number, and name on the payment card. A third-party service provider, PayPal, stores and processes this information securely and only for purposes of marking an order through our Services.
- Newsletters: When you sign up for our newsletters, we may collect your name and email address. Community Blog Postings: We may collect any information that you provide to us when answering questions or responding to other users on our community blog, including but not limited to, product reviews and influencer videos.
- Customer Support: When you engage with our support team and customer support providers, we may collect records, copies of your correspondence (including email address), or additional information you choose to share with us.
- Promotional Activity (“Promotion”): If you choose to participate in a Promotion through our Services, we will collect and store the personal information you provide in connection with your participation in the Promotion, which may include, your name, date of birth, address, email address, phone number, and/or other personal information identified in the Promotion terms. We may use the information you provide to administer our promotions. We may also use the information to communicate with you about our products, Services, and other promotions.
- Feedback, Polls, or Surveys: We may provide you the opportunity to participate in polls, surveys, or provide feedback about your experience. If you participate, we may request certain information from you, typically including contact information (such as name and email address). Participation in these surveys is entirely voluntary. We use this information to improve our Services and product offerings.
Information We Automatically Collect: To the extent permitted under applicable law, we may automatically collect certain types of Personal Information about you when you use or interact with the Website or Apps:
- Usage Data: When you browse our Website, we automatically collect log data such as your web request, Internet Protocol (“IP” address), browser type, domain names, referring and exit pages and URLs, pages viewed and the other of these page views, the date and time you access our servers, and other diagnostic data.
- Device Information: When you use your desktop or mobile devices to access our Services, we may be able to identify your device’s unique device identifier, MAC address, operating system, and your mobile device’s advertising ID.
- Cookies, Pixels, and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.
Information We Collect from Third Parties. From time to time, we may obtain information about you from third party sources as required or permitted by law. These sources may include:
- Social Media: We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the third-party website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on our Services and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.
- Third Party Partners: Unless prohibited by applicable law, we may obtain your personal information from analytics providers, Promotion providers, and other third-party partners so that we can better understand which of our Services may be of interest to you, market our Services to you, and to provide us information necessary to improve our Services.
- Single Sign-On (“SSO”): SSO is an authentication method that enables you to securely authenticate your login within multiple applications and websites by using one set of credentials. If you choose to login to our Services through a third-party platform (such as Facebook/Meta, Twitter/X, Instagram, or Google) we may have access to certain information from that platform, such as your username or email address. The information we receive may vary based on your privacy settings on such platform or as otherwise controlled by the provider of such platform.
2. Use of Personal Information
We may process your Personal Information in connection with any of the following:
- To Provide Our Services: When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services when you sell or purchase products on our Website or App.
- To Communicate with You: When you sign up for our Services, you will receive service-related communications. Our service-related communications are transactional messages about your account, billing information, surveys, support, customer service, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.
- To Enforce Our Terms, Agreements or Policies: To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.
- For Product Research and Development: We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.
- To Comply with Applicable Laws: We may be required to process your Personal Information under certain laws and regulation. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Madilyn James Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Madilyn James, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
- To Infer Your Interest and Personalize Your Experience: We may process your personal information to personalize your experience on the Services by presenting products and offers tailored to you. We may use such information to enable you to interact with our Services more easily across devices, or to recommend more relevant content to you. For example, when you enable the social sharing functionalities of your social media account(s) by interacting with our content on or through third-party social networking websites, plug-ins and applications, we may use this information to personalize your experience on our Services and on the third-party social networking websites, plug-ins and applications.
- To Administer Promotional Events: When you participate in promotions, we may process your personal information to administer such activities (each of which may have additional rules and could contain additional information about how we process your personal information). You have the right to decline to provide your consent and, if consent is provided, to withdraw it at any time.
- To Facilitate Corporate Acquisitions, Mergers and Transactions: We may process any information regarding your account and your use of our Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions. Your Personal Information may be shared as part of such a transaction unless you contact us as described below and ask to opt-out of your information being shared.
- To Ensure the Security of the Services: We may process your personal information to combat spam, malware, malicious activities, or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.
- With Your Consent: For any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the Services or other related services requested, with your permission or upon your direction.
3. Disclosure or Sharing of Personal Information
We may disclose or share your Personal Information as follows:
- Vendors and Service Providers: We may disclose your personal information to vendors and service providers we retain in connection with our business such as: website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, tax and financial advisers, legal advisers, accountants, auditing services, fraud prevention, identity verification, risk assessment, marketing, and network maintenance. These third-party service providers may have access to or process your personal information only for the purpose of providing services to us.
- Online Store: PayPal hosts the online e-commerce platform that allows you to sell your products, or buy other’s products, through our Services. Personal Information is stored by PayPal’s data storage, databases, and the general PayPal application. If you choose a direct payment gateway to complete your purchase, PayPal will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
- Google Analytics: Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link. The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
- Merger, Bankruptcy, or Corporate Reorganization: We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of Madilyn James or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.
- Legal Obligations and Safety: We may share your Personal Information if it is reasonably necessary to: Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc);
- Comply with requests or investigations by public authorities;
- Comply with applicable laws or regulations;
- Protect the security or integrity of the Services; or
- Protect the rights, property, or safety of Madilyn James, our employees or
- users, or other natural persons.
- Blog Postings. We may make reviews, blogs, and other such user-generated content facilities available to users. Any information disclosed in these areas becomes public information and you should always be careful when deciding to disclose your personal information. We are not responsible for privacy practices of other users including website operators to whom personal information is disclosed.
4. Cookies and Other Tracking Technologies
We may automatically collect information from you when you use the Website using “cookies” and other similar technologies (“Tracking Technologies”), to automatically collect information about you when you use the Website and to personalize your experience with our Services. We and third-party businesses on our behalf, may use Tracking Technologies to help us customize your experience and better manage content on our Website.
Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time. Information that may be collected by cookies when you use the Website may include, without limitation: the pages you visit within the Website; the date and time of your visit to the Website; the amount of time you spend using the Website; the IP address used to connect your computer to the Internet; and/or your computer and connection information such as your browser type and version, operating system and platform.
Generally, we use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect passive information about your use of our Services; to measure how you interact with our marketing campaigns; to help us improve our Services; and to remember your preferences for your convenience.
We use the following types of cookies on our Services:
Type of cookie | Purpose |
Strictly Necessary Cookies | These cookies are essential to provide you with Services available through our Website and to enable you to use some of its features. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those Services. This category of cookies is essential for our Services to work, and they cannot be disabled. |
Functional Cookies | These cookies allow our Website to remember choices you make when you use our Website, such as remembering your language preferences, remembering your login details and remembering the changes you make on other parts of our Website which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Website or use our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services. |
Analytics Cookies | Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc. |
Performance Cookies | Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. |
Social Media Cookies | These cookies are used when you share information using a social media sharing button or “like” button on our Website or Services or engage with our content on or through a social networking website such as Facebook/Meta, Twitter/X, or Instagram. The social network will record that you have done this. |
5. Security
We take reasonable steps to use appropriate physical, technical, and organizational measures to help safeguard your personal information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of all information you provide to us via the Services.
6. Third Party Links
The Services may have links to other websites that are not operated by us. We have no control over how these third-party websites may collect your information and no liability for the practices, policies and security measures implemented on these websites. You should read the privacy notices on those other websites before you submit your information through them.
7. Social Media Pages
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including data security) of other organizations, such as Facebook/Meta, Twitter/X, Instagram, or any other social media platform provider, operating system provider, wireless service provider or device manufacturer, including any personal information you disclose to other organizations through or in connection with our social media pages. Any posts you make on our social media pages may be available to others who use those pages. Never include sensitive personal, financial, or other confidential information such as your social security number, address, phone number or email address when posting or commenting online. Please refer to the privacy policies of our social media partners when you interact with them online.
8. Data Retention
We retain Personal Information about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Information. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Information, why we collected the Personal Information, and the sensitivity of the Personal Information. In some cases, we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation.
9. Children
We do not knowingly collect, maintain, or use Personal Information from children under 18 years of age. If you are a child under the age of 18, please do not attempt to register for or otherwise use the Services or send us any Personal Information. If we learn we have collected Personal Information from a child under 18 years of age, we will terminate that user’s access to our Services and take steps to delete that information as quickly as possible, unless we have a legal obligation to keep it. If you believe that a child under 18 years of age may have provided Personal Information to us, please contact us at privacy@madilynjames.com.
10. Privacy Rights
Your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (i) when denial of the request is required or authorized by law; (ii) when granting the request would have a negative impact on another’s privacy; (iii) to protect our rights and properties; (iv) where the request is frivolous or vexatious, or for other reasons. You may exercise the following privacy rights:
a) Right to Know/Access. You may have the right to obtain a copy, or a list of categories, of the personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your personal information.
b) Right to Correct. You may have the right to correct any of your personal information in our records and systems. You may request us to rectify, correct or update any of your personal information held by us that is inaccurate.
c) Right to Delete. Under certain circumstances, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse your right to delete if it is reasonably necessary for us to provide a service requested by you; to perform a contract between us; to maintain functionality and ensure security of our systems; to enable solely expected internal uses of your personal information; to exercise a right provided by law; to comply with a legal obligation, or if there are compelling legitimate grounds for keeping your personal information.
To submit a request to exercise any of the above privacy rights, please email us at privacy@madilynjames.com and indicate which rights you would like to exercise.
Identity Verification
To protect your privacy, we must be able to verify your identity to confirm that the request came from you before we can process your request to exercise certain privacy rights that you may be entitled to under the applicable law. We may contact you by e-mail to verify your request. Depending on your request, we will ask for information such as your name, address, an e-mail address, or a phone number you have used with us. For certain requests, we may also ask you to provide details about your most recent purchases.
11. How to Contact Us
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information, or your choices and rights regarding such collection and use, please do not hesitate to contact us at 540-309-0715 or privacy@madilynjames.com.