Privacy policy

1. WHO WE ARE

We are located at 137 N Larchmont Blvd, #641, Los Angeles, CA, 90004. Along with our affiliates (collectively, “Company Group”, or “we/our/us”), we own and operate a number of websites (the “Websites” or “Sites”) and mobile applications (the “Apps”).

This global Privacy Policy (“Privacy Policy”) applies to each Website and App that it appears on. By using our Services, you agree to our Privacy Policy.

2. INTRODUCTION

This Privacy Policy explains how we collect, use, process, share and store Data when you use our Services (both terms as defined below), explains rights that you may have under specific data privacy and protection laws, and provides instructions on how to exercise any rights that apply to you (collectively, “Data Laws”).

The rights discussed in the CCPA Notice are for residents of California. The rights discussed in the GDPR Notice are for persons located in the EU, EEA, UK or Switzerland. Depending on where you live or are located, these rights may not apply to you. Both the CCPA Notice and the GDPR Notice are provided as Addenda at the end of this Privacy Policy.

Our Websites, Apps and Services may include links to third-party websites, plug-ins, services, social networks or mobile applications. Clicking on those links, or enabling those connections, may allow the third-party to collect or share Data about you. We do not control these third parties, and you should read each of their privacy notices before you submit any information to them.

Paypal Notices
PayPal is an independent Controller for the purpose of Processing Customer Data. You can access Paypal’s Privacy Statement at: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

You should carefully read this document to understand our policies and practices for processing and storing Data. By interacting with our Services, you accept the policies and practices described in this Privacy Policy. This Privacy Policy may change from time to time (see Updates to This Privacy Policy), and your continued use of our Services after any change means you accept those changes. Please check the Privacy Policy frequently for any updates.

3. DEFINED TERMS

In addition to the terms already defined above, we provide these definitions:

“CCPA” means the California Consumer Privacy Act of 2018, as it may be amended from time to time.

“Data” is information about you that we collect, or that you provide to us, and may include PII.

“Device” means the computer, smart phone or other electronic device that you use to access the Services.

“Device Information” means information about a Device, including the IP address used to access the Services, associated cookies or cookie identifiers, and other information related to the formatting or presentation of the Services for your Device and includes information about the Device often stored in picture files, including Device type and the location you were in when you took the picture.

“EEA” means countries in the EU plus Iceland, Lichtenstein, and Norway.

“EU” means the countries which are currently members of the European Union.

“GDPR” means the General Data Protection Regulation of the European Union, and the equivalent Data laws of the EEA, United Kingdom and Switzerland.

“Identifiable Natural Person” is one who can be identified, directly or indirectly, by a single piece of data such as a name, an ID number, IP address, location data, an online identifier or by other data that, when combined, makes it possible to determine the identity of that natural person.

“Personal Data” means any information about an identified or Identifiable Natural Person who has rights under the GDPR (“Data Subject”).

“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly or indirectly, with a particular consumer, household or Device.

“PII” means personally identifiable information, which is information that can be used to identify a specific individual, including Data that may be classified as Personal Information subject to the CCPA Notice or Personal Data subject to the GDPR Notice.

“Services” means the Sites, Apps, and other services available from us.

4. HOW WE COLLECT DATA

We use different methods to collect Data, including:

Direct Interactions. These direct interactions include the contents of your communications with us, whether via e-mail, chat functionality, social media, telephone or otherwise, and inferences we may make from other personal information we collect. Where permitted by applicable law, we may collect and maintain records of calls and chats with our agents, representatives, or employees via message, chat, post, or similar functionality. Our chatbox vendors may also retain records of your chats with us.

Additionally, data from direct interactions may be collected through third parties that have their own privacy policies and procedures regarding the collection and processing of your data. When using the ChatGPT functionality on the Sites, you consent to our collection of and the transfer and processing of the data you provide in the chat, to ChatGPT.

These interactions also include data you provide when you create an account, subscribe to our Services, search for a product, place an order, upload a photo or other content, create a seller profile on our Services that offer seller capabilities, participate in discussion boards or other social media functions on our Services, enter a competition, promotion or survey, and when you report a problem with our Services. If you choose to make any seller profile that you create public, people may see your name, the country you designate in your profile, and your “About” details. You can adjust the privacy settings for your seller profile at any time.

Automated Technologies or Interactions. As you interact with our Services, we may automatically collect Data about your Device and your browsing actions and patterns, even if you do not create an account or place an order with us. We collect this Data by using cookies, server logs, and other similar technologies. You can block cookies in your browser by activating the settings that allow you to refuse all or some cookies. IMPORTANT NOTE: if you use your browser settings to block all cookies (including essential cookies), the Services may not function properly or may not work at all.

Cross-Device Tracking: Some of our Services use data analytics companies, advertising networks, and/or social media companies to engage in “cross-Device tracking,” which occurs when platforms, publishers, and advertising technology companies try to connect a consumer’s activity across smartphones, tablets, desktop computers, and other connected devices. Cross-Device tracking enables us to link your behavior with our Services across Devices.

Third parties or Publicly Available Sources. We utilize tracking technologies, including pixels and web beacons, to collect information about your interactions with our Services and other websites. These tools may collect data that can be used to identify you, such as your IP address, device information, and browsing history. This data may be shared with third-party service providers, such as advertising networks and analytics companies, to enhance our Services and for marketing purposes.

User Contributions. You may also provide us with Data to post on the Services or to transmit to third parties (collectively, "User Contributions"). User Contributions are submitted at your own risk. We limit access to certain pages, and you can also adjust privacy settings for User Contributions by logging into your account profile. However, we cannot and do not guarantee that unauthorized persons will not be able to view your User Contributions.

By continuing to use our Services, you agree to our Privacy Policy.

5. TYPES OF DATA WE COLLECT

PII We Collect

We collect PII including your name, billing address, delivery address, e-mail address, telephone number, IP address, credit/debit card numbers and other financial information needed to complete your transactions with us, photos and other content you upload, any profile image you provide, user IDs and/or passwords used to access the Services, your Services browsing history, and any phone number used to call our customer service number. Depending on the Services you use and the products you choose to customize, you may also provide us with video and voice recordings, age, date of birth, gender and other similar information. 

Device Information

We collect information relating to the Device(s) you use to access the Services, including the Device model, operating system, browser type, IP address, and event information from use of the Services.

Mobile App

Depending on your permissions, if you download and use our Apps, we may collect or access certain information from your mobile Device including:

  • Your contacts so you can select a chosen contact to ship your order to. Once you select a contact from your mobile Device, that contact’s information will be stored in our database and their postal address and phone will be used for delivery of your order and for sending you reminders of special occasions that you recorded in the Services; and
  • Your phone number, entered by you in response to our request and stored in your account data, as required for shipping in some countries and for retail pickup orders in countries where that option is provided.

Community Postings

You can post information on our blogs, forums, or other public posting areas. Any information you disclose is available to anyone with internet access. You do not have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services.

Other Data We Collect

In addition to PII, we collect other Data from you when you use the Services, including:

  • Data that neither directly nor indirectly reveals your identity nor directly relates to you, such as statistics, or aggregated information. For example, we may aggregate Data to calculate the percentage of users accessing a specific Website, App, or feature of our Services;
  • Technical information, including browser type and version, or operating system and platform; and
  • Data about your interactions with our Services, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Services (including date and time), products you viewed or searched for or (in the case of some of our Services) “favorited”; Service response times, download errors, length of visits, interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away.

Shopify

Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.

Payments. If you choose a direct payment gateway to complete your KITSCH purchase, then Shopify stores 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 the transaction is complete, your transaction data is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standard Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or its Privacy Statement.

Data About Children

We do not knowingly collect, use, process, share or store PII from children under the age of 18. The Services are not intended for use by children under the age of 18. If you believe that we have unknowingly collected PII from a child under the age of 18, contact us as soon possible at support@mykistch.us

RAKUTEN

We partner with Rakuten Advertising, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here: https://rakutenadvertising.com/legal-notices/services-privacy-policy/

6. WHY WE USE AND PROCESS DATA

Use and Processing of PII

We may use and process PII that is either collected by us or provided by you for the following purposes:

  • Providing the Services in the manner most effective for you and your Device;
  • Fulfilling your orders placed through the Services;
  • Making interest-based suggestions and recommendations about our products and Services;
  • Assessing the effectiveness of our advertising and tailoring our advertising so you receive only what is relevant to you;
  • Improving the Services and notifying you about changes;
  • Managing your customer relationship with us;
  • Enabling your participation in our Services' interactive, social media, or other similar features;
  • Integrating social media into your experience with our Services;
  • Carrying out your support requests;
  • Notifying you about unfinished transactions, unused credits, or order status;
  • Sending you information about discounts, special offers, and new products;
  • Managing the Services, including troubleshooting, data analysis, testing, research, statistical analysis, security, quality control, and fraud prevention;
  • Verifying your identity;
  • Reminding you of special occasions;
  • Performing billing, administration, seller payment and collections functions;
  • Protecting the Services and our employees and operations;
  • Marketing to you directly through the social media platforms that you use and through other websites;
  • Sharing information with law enforcement agencies in response to inquiries and with other third parties when required by law and pursuant to our internal policies;
  • Carrying out activities related to any of the above, or any other purpose for which the Data was collected, including dispute resolution and protection of our legal rights or the rights of third parties.

Use and Processing of Other Data

We may use Data that is not PII for any business purpose.

You can manage your preferences about how your Data is used by following the instructions in each form or communication you receive from us. For more information, see Your Choices About Our Use of Data.

7. WHO WE SHARE DATA WITH AND WHY

Sharing of PII

We may share Data within our Company Group to comply with internal, contractual and legal obligations, and for marketing activities.

We may also share Data with third parties as follows:

  • Business partners, suppliers, service providers, subcontractors and other third parties to enable them to provide services such as fulfillment, billing, IT, logistics, delivery, communication, cybersecurity, fraud protection, and legal/audit;
  • Social media platforms;
  • Advertisers and ad networks; including identifying and engaging with social influencers;
  • Public, governmental, or regulatory authorities and institutions; and
  • Potential buyers, investment banks or financial institutions in connection with any contemplated or actual corporate reorganizations or business transactions such as evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Data held by us about our users is among the assets transferred (each, a “Reorganization Use”).
  • Courts, law enforcement authorities, regulators, attorneys or other third parties in connection with the establishment, exercise, or defense of legal claims.

Sharing of Other Data

We may share other Data without restriction.

8. YOUR CHOICES ABOUT OUR USE OF DATA

Transactional Emails: We occasionally send transactional emails notifying you about your orders, account information, changes to the Services, updates to our online documents, and other matters. You may not opt out of transactional emails.

Promotional Offers: You can stop receiving promotional offers by following opt-out links in each promotional message, or contacting us at info@mykitsch.com and requesting your removal from our promotional offers list.

Push Notifications on Mobile App: Depending on your Device, push notifications may be turned on by default. You can opt out of push notifications at any time by adjusting your Device settings.

Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you refuse all cookies, you will be unable to use the Services. If you disable or refuse some cookies, parts of our Services will be inaccessible or not function properly. For more information about tracking technologies, please see Automated Technologies or Interactions above.

Updating PII. If you wish to update your account information, you may log into your account and make changes, or contact us via the Contact Us link in the App or Website you are using, and we will update or correct any account information at your request. For EU Data Subjects, please use the form located at the Manage Personal Information link at the bottom of each webpage to request correction of your PII.

9. HOW LONG WE USE AND STORE PII

We retain personally identifiable information (PII) only for the period necessary to fulfill legal, regulatory, and business obligations. 

10. HOW WE PROTECT DATA

The Services have physical, electronic, and administrative security measures in place designed to protect against the loss, misuse, and unauthorized access, use, alteration, or disclosure of Data under our control. When you submit credit card information through the Services, we create a nonce so your credit card information is never stored by us. While no transmission over the internet can be guaranteed as 100% secure, and we strive to protect PII during transmission, we cannot ensure or warrant the security of any Data that you transmit to or receive from us. We urge you to take steps to keep Data safe (including your account password), log out of your account after use, and close your web browser.

11. OPT-OUT PREFERENCES

You may opt-out of receiving email marketing communications from us by using the “unsubscribe” link in our emails, or by emailing us at info@mykitsch.com. To opt-out of physical mailings and telephone communications, or to add your name to our do-not-share list, you may email us at the support@mykistch.us or call us at 424-240-5551. We will be sure your name is removed from our list (and the list we may share with third parties) as soon as possible after we receive your request. Please be aware, however, that even after your request is processed, we may, for a time, retain residual information about you in backup and/or archival copies of our database.

12. FOR PERSONS RESIDING IN CALIFORNIA

This for Persons Residing in California (this “CCPA Notice”) supplements the Privacy Policy and applies only to residents of the State of California. This CCPA Notice is provided in compliance with the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA), and any terms defined in the CCPA have the same meaning when used in this CCPA Addendum.

13. FOR PERSONS OUTSIDE THE UNITED STATES, EU, EEA, UK AND SWITZERLAND

You confirm that your command and knowledge of the language in which this Privacy Policy is written is sufficient to understand the terms and conditions in this Privacy Policy. If you live in the European Union, EEA, UK or Switzerland, or are located outside the United States: (i) you acknowledge that by using the Services, personal data about you may be transferred to our servers or third-party servers located in the United States in connection with the purposes stated in this Privacy Policy and expressly consent to such transfers, and (ii) you understand that the laws with respect to the protection of Data in the United States may not be as stringent as those in your home jurisdiction. If you live in or are in the European Union, EEA, UK or Switzerland, the Addendum for Persons Located in the European Union, UK, EEA and Switzerland EU below describes additional rights you might have.

14. GDPR Notice

We adopt this GDPR Notice to comply with GDPR, and any terms defined in GDPR (including Personal Data) have the same meaning when used in this GDPR Notice.

IN GENERAL

We do not intentionally collect, use, process, share or store special categories of Personal Data, although you may provide information which constitutes special category Personal Data as part of your personalization choices.

WHO IS RESPONSIBLE FOR PERSONAL DATA ABOUT YOU?

We are responsible for Personal Data about you. Specifically Personal Data is controlled by:

Attn: Privacy Officer
Kitsch
137 N Larchmont Blvd, #641
Los Angeles, CA, 90004
USA

We have appointed ITG EU & GRCI Law to act as our EU and UK Representatives, respectively. If you wish to exercise your rights under EU GDPR or the UK GDPR or have any queries in relation to your rights or privacy matters generally please email from Europe support@mykistch.us, or from UK insert kitsch uk email.

We may need to request additional information from you to confirm your identity before responding to your request or question.

ON WHICH EU LEGAL BASIS DO WE PROCESS PERSONAL DATA ABOUT YOU?

Depending on the specific purpose or purposes for the processing of the Personal Data, we rely on the following legal grounds:

  • Performance of your customer contract or other contractual obligations or in order to take steps before entering into a contract with you;
  • Compliance with a legal obligation (such as record obligations for commercial or tax purposes or other regulatory obligations);
  • Protection of your vital interests or the vital interests of another natural person; or
  • Our legitimate interests or those of any third-party recipients that receive the Personal Data, provided that such interests are not overridden by your interests or fundamental rights and freedoms;
  • Important reasons of public interest;
  • The establishment, exercise or defense of legal claims.

Legitimate interests include, for example, developing and improving our internal administration or business and service processes, marketing and reputation activities, keeping our records up to date, handling and managing our legal and contractual duties and obligations, and compliance with internal and legal policies and regulations that apply to us.

In addition, we process Personal Data to let you know about updates to products and services you have purchased from us or expressed interest in before.

NOTICE RE: EU-U.S. AND SWISS-U.S. PRIVACY SHIELD, CJEU SCHREMS II RULING AND EU STANDARD CONTRACT CLAUSES (SCC)

We have withdrawn from the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States as further described below.

On July 16, 2020, the European Court of Justice (CJEU) determined that the EU-U.S. Privacy Shield framework is no longer valid for the transfer of Personal Data from the European Economic Area (EEA) to the U.S. (known as the Schrems II decision). The Schrems II decision also placed additional compliance requirements on the use of EU Standard Contract Clauses (SCC) for the transfer of EU/EEA Personal Data to the U.S. by companies subject to Section 702 of the U.S. Foreign Intelligence Surveillance Act (FISA) and/or Executive Order 12333 (E.O. 12333).

We know our customers, website visitors, and business partners care deeply about privacy and data security.

First, please know that it is our good-faith belief that the types of EU/EEA Personal Data we collect, use, process, share and/or store in the U.S. are not of the types of Personal Data that would be subject to requests from U.S. government authorities pursuant to FISA Section 702 and/or E.O. 12333.

Second, please note that as part of our good-faith efforts to comply with applicable data protection laws, we strive to continue to store and process EU, EEA, UK and Swiss Personal Data in Ireland, on servers located in the EU. In compliance with the GDPR and other applicable laws we also implement at-rest data encryption, data minimization and need to know access to Personal Data.

Third, although we have withdrawn from Privacy Shield, we are retaining the data collected during our participation, and are providing adequate protection for such data.

Fourth, when international transfer of Personal Data is necessary to perform a contract with you, or in individual cases for the purposes of our compelling legitimate business interests, we will use SCC to comply with our internal policies, contractual and legal obligations.

If you represent one of our service providers or business partners and your organization is a party to an agreement with us that includes EU Standard Contract Clauses (SCC) for compliance with EU/EEA data protection laws, please contact us at support@mykistch.us to discuss whether any updates to our agreement are needed resulting from the Schrems II decision.

Trust is a top priority for us, and we will continue to work vigilantly to ensure that our customers, website visitors, and business partners are able to continue to enjoy the benefits of our Services securely, compliantly, and without disruption.

YOUR CONSENT TO TRANSFER OF PERSONAL DATA

In addition to the above, we may also process, store, and/or transfer Personal Data we collect about you, in and to a country outside the EU including the United States. Those other countries may have different privacy laws that may or may not be as comprehensive as your own.

By submitting Personal Data or interacting with our Services, you consent to this transfer, storing, and/or processing including in the United States.

  • a. Your Personal Data Use Choices
    See Section 8 (Your Choices About Our Use of Data).
  • b. How Can I Access or Correct Personal Data About Me?

You may exercise your access, correction or deletion rights by using the form located here or by clicking the link at the bottom of each webpage. Alternatively, you may send us an email from Europe at support@mykistch.us, or support@mykistch.us. to request access to, correction, or deletion of Personal Data that you have provided to us. If Data is deleted by us at your request, we will not be able to get it back for you if you change your mind in the future. We may not be able to grant a request to change or delete Personal Data about you if we believe the change or deletion would violate any law or legal requirement or negatively affect the accuracy of the Data.

15. CONTACT US

If you have any concern about the privacy practices of the Services, please contact us at the following address with a detailed description of your concern, and we will try to resolve it:

support@mykistch.us

If you are in Europe,

If you wish to exercise your rights under EU GDPR or the UK GDPR or have any queries in relation to your rights or privacy matters generally please email from Europesupport@mykistch.us or from UK, support@mykistch.us.

16. UPDATES TO THIS PRIVACY POLICY

Please check this Privacy Policy periodically to inform yourself of any changes. We reserve the right to modify this Privacy Policy at any time, so you should review it frequently. If we make material changes to this Privacy Policy, we will post notice of the changes on the Services homepage and/or as required by law notify you by email using the current email address for your account.

HOW WE COLLECT PERSONAL INFORMATION

We collect “Personal Information” as defined in the CCPA. We collect Personal Information from the following categories of sources:

  • Directly from you. For example, from your creation of an account, forms you complete or products you purchase and Services you use, and when you participate in a contest or survey.
  • Indirectly from you. For example, from your interactions with the Services.
  • From other companies in our Company Group.
  • From our business partners and service providers.