Privacy policy

Privacy policy

Last updated: 1/24/2024

This Privacy Policy describes how Smirks&Smiles (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from smirksandsmiles.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Your privacy is important to us. Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

 

Changes to This Privacy Policy 

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

 

How We Collect and Use Your Personal Information

To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect, and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

 

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

- Basic contact details including your name, address, phone number, email.

- Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.

- Account information including your username, password, security questions.

- Shopping information including the items you view, put in your cart or add to your wishlist.

- Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

You may provide us with Personal Information in several ways, such as when you:

Provide information to us via our websites, applications, and other digital channels by signing up, creating accounts (including using social media login), filling out forms, commenting, or otherwise engaging with our online services;

Sign up for SMS text promotions.

Communicate with us by e-mail or phone.

Subscribe to e-mails and/or newsletters.

Report a problem or request support for any of our Services.

Buy merchandise from us online.

Interact with our social media accounts; and

Participate in our contests, promotions, sweepstakes, or surveys.

You also may provide information to be published or displayed (hereinafter, "Posted") on public areas of the Services transmitted to other users of the Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Information We Collect through Cookies

We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

 

Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

- Companies who support our Site and Services, such as Shopify.

- Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.

- When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more information, see the section below, Third Party Websites and Links.

 

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website and App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.

Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns. 

Store information about your preferences, allowing us to customize our Services according to your individual interests.

Speed up your searches.

Recognize you when you return to our Services.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see "Choices About How We Use and Disclose Your Information".

Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

You may manage how your browser handles these technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain ad-service companies and our ads online by using the National Advertising Initiative's ("NAI's") Opt-Out Tool or the Digital Advertising Alliance's ("DAA") About Ads Opt-Out Tool. You may manage how your mobile device and mobile browser share certain device data with us, as well as how your mobile browser handles cookies by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

Currently, we do not alter our data collection and use practices in response to Do Not Track signals.

 

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see "Choices About How We Use and Disclose Your Information".

 

How We Use Your Personal Information

- Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to you account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.

- Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.

-To personalize your Website and App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through the mail, our Website, our App, third-party sites, and via email or text message (with your consent, where required by law).

- Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

- Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, you can opt-out by using the Unsubscribe link in the email you receive or by contacting us at contact@smirksandsmiles.com. For more information, see "Choices About How We Use and Disclose Your Information".

To fulfill any other purpose for which you provide it.

To provide you with notices about your account and/or subscription, including expiration and renewal notices.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To notify you about changes to our Services or any products or services we offer or provide.

To allow you to participate in interactive features on our Services.

To provide you will information, discounts, coupons, and promotions relating to our Services.

In any other way we may describe when you provide the information.

For any other purpose with your consent.

 

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites. 

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

 

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

- With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).

- With business and marketing partners, including Shopify, to provide services and advertise to you. [[NOTE TO MERCHANT: INSERT THE FOLLOWING SENTENCE IF USING SHOPIFY'S AD SERVICES, SUCH AS SHOPIFY AUDIENCES]] [For example, we use Shopify to support personalized advertising with third-party services]. Our business and marketing partners will use your information in accordance with their own privacy notices.

- When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.

- With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.

- In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We have, in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

Category:

- Identifiers such as basic contact details and certain order and account information

- Commercial information such as order information, shopping information and customer support information

- Internet or other similar network activity, such as Usage Data

Personal and online identifiers (such as first and last name, email address, phone number, usernames or unique online identifiers, IDFA, AAID);

Financial Account Information (such as credit card numbers, bank account information, PayPal account information);

Customer Profile Information (such as race, gender, age range, income range, ad demographics);

Transactional Information;

Online Activity Information (such as browsing history, search history, interactions with a website, email, application, or advertisement);

Non-Precise Geolocation Information (such as zip or area code, state, country);

Precise Geolocation Information (such as home or billing address or latitude and longitude);

Inferences drawn from the above information about your predicted characteristics and preferences; and

Other information about you that is linked to the Personal Information above. 

 

Categories of Recipients:

- Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers)

- Business and marketing partners

- Affiliates

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.

 

Category of Personal Information

- Identifiers such as basic contact details and certain order and account information

- Commercial information such as records of products or services purchased and shopping information

- Internet or other similar network activity, such as Usage Data

 

Categories of Recipients

- Business and marketing partners

User Generated Content

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

 

With Whom We Share Your Personal Information

We may share your Personal Information with our subsidiaries and affiliates, including CSCGH and its family of brands, and with selected third parties including:

business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service;

third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them; and

advertisers, advertising networks and social networks that require the data to select and serve relevant advertisements to you and, in some cases, to others; and analytics and search engine providers that assist us in the improvement and optimization of the Service.

We may also disclose your Personal Information to third parties:

if we enter into negotiations to buy, sell, or merge with any business or assets, or if we enter into bankruptcy, reorganization, or receivership, in which case we may disclose your Personal Information to the prospective or eventual seller or buyer of such business or assets;

if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation;

in the event of an emergency;

in order to enforce or apply our Terms & Conditions and other agreements;

to protect the rights, property, or safety of Smirks&Smiles, CSCGH and its family of brands, our customers, clients, or others; and

with your prior consent.

 

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Promotional Email Offers from us.If you do not wish to have your email address and/or contact information used by Smirks&Smiles to promote our own or third parties' products or services, you can opt-out by using the Unsubscribe link in the email you receive or by contacting us at contact@smirksandsmiles.com. This opt-out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience, or other transactions.

Promotional SMS/Text Offers from us. You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These text messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving those messages at any time by replying STOP in response to receiving a text message. For more information about text messages, see our Terms & Conditions.

Targeted Advertising. We use your Personal Information to tailor our marketing and advertising efforts. To do this, we provide your information to third party advertising networks (such as Google Doubleclick) and social media companies (such as Facebook, Instagram, and other platforms). When we provide data to agencies, ad networks, and other parties for targeted advertising, we do not provide them with your name, financial information, or any sensitive information (such as a government ID or date of birth, if we have collected that). We use online identifiers such as email, cookie addresses, and device identifiers to help us provide targeted advertising to you and others like you. We may also use aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the Personal Information we have collected from you to enable us to display advertisements to target audiences.

To opt out of targeted advertising, you may use the following links provided by third parties that manage opt outs for some ad networks:

http://preferences-mgr.truste.com,

http://www.networkadvertising.org/managing/opt_out.asp

http://www.aboutads.info/

https://policies.google.com/privacy/partners

Some states grant you certain rights and control over your information. We may ask you for verification of residency and/or domicile before allowing you to exercise those rights.

 

Accessing, Correcting, and Deleting Your Information

Some states also grant you additional rights regarding accessing, correcting, and deleting Personal Information.

You can review and change your Personal Information by logging into the Website and the App and visiting your account profile page.

You may also send us an email at contact@smirksandsmiles.com to request access to, correct, or delete some Personal Information that you have provided to us.

We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users. Proper access and use of information provided on the Services, including User Contributions, is governed by our Terms & Conditions.

 

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information, such as the right to opt-out.

If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking on the Do Not Sell My Personal Information link on our Website or by emailing us at contact@smirksandsmiles.com.

You will be asked to provide certain information to exercise this option so we can verify your identity and locate your records with us. Please note that your decision to opt out of the sharing of your Personal Information may impact the availability and quality of some of the Services provided to you. Furthermore, your information may still be shared pursuant to the terms of this Policy, where such sharing does not constitute a sale.

To learn more about your California privacy rights, visit our CCPA addendum page.

 

Your Virginia Privacy Rights

If you are a Virginia resident, Virginia law may provide you with additional rights regarding our use of your Personal Information, such as the right to opt-out.

If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking on the Do Not Sell My Personal Information link on our Website or by emailing us at contact@smirksandsmiles.com.

You will be asked to provide certain information to exercise this option so we can verify your identity and locate your records with us. Please note that your decision to opt out of the sharing of your Personal Information may impact the availability and quality of some of the Services provided to you. Furthermore, your information may still be shared pursuant to the terms of this Policy, where such sharing does not constitute a sale.

To learn more about your Virginia privacy rights, visit our VCDPA Page.

 

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 18 years of age.

 

Adult Use Only

Our Services are not intended for individuals under 18 years of age. No one under age 18 may provide any Personal Information to or on the Services. We do not knowingly collect Personal Information from individuals under 18. If you are under 18, do not use or provide any information to our Services or through any of its features; do not register on the Website or App, make any purchases through the Website or App, use any of the interactive or public comment features of this Website or App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.

If we learn we have collected or received Personal Information from a person under 18 we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at contact@smirksandsmiles.com.

 

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

 

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

- Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.

- Right to Delete. You may have a right to request that we delete personal information we maintain about you.

- Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.

- Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

- Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.

- Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.

- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.

- Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.

- Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.

- Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

We use Shopify's ad services such as Shopify Audiences to help personalize the advertising you see on third party websites. To restrict Shopify merchants that use these ad services from using your personal information for such services, visit https://privacy.shopify.com/en.

 

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

 

International Users

Please note that we may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

 

Changes to Our Privacy Policy

We reserve the right to update this Policy from time to time. Any updates we may make to our Policy will be posted on this page, and we may also provide a website notice of any material changes for a reasonable period of time. When we do, we will revise the "last revised" date at the top of this Policy. Please check back frequently to see any updates or changes to our Policy. If you do not agree or consent to these updates or changes, do not continue to use the Services.

 

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at contact@smirksandsmiles.com.