DESIGNS BY AMANDA KATE

ONLINE PRIVACY POLICY

Last Revised on January 2, 2025

 

This Privacy Policy for Designs by Amanda Kate LLC (“Company”, “we”, “us” “our”) describes how we collect, use and disclose information about users of the Company’s website (www.designsbyamandakate.com) applications, services, tools and features (collectively, the “Services”). 

For the purposes of this Privacy Policy, “you” and “your” means you as the user of the Services. We are committed to protecting and respecting your privacy. We are a limited liability company established in the United States of America registered in Springfield Massachusetts, United States and for the purpose of the General Data Protection Regulation (the “GDPR”), we are the data controller.

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING, ACCESSING, OR DOWNLOADING ANY OF THE SERVICES, YOU AGREE TO THE USE OF INFORMATION ABOUT YOU IT DESCRIBES AND TO THE OTHER TERMS OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE THE SERVICES.

 

UPDATING THIS PRIVACY POLICY

We may update this Privacy Notice from time to time. If we modify this Privacy Notice, we will post the revised Privacy Notice to the website, and we will also revise the “Effective Date” as stated above.

If we make material changes in the way we use personal information, we will notify you in your account dashboard or by sending you an email. If you disagree with these changes, you may cancel your account at any time. 

If you keep using our Services after receiving the notice of the changes, you consent to any amendment of this Privacy Notice. The date the privacy policy was last revised is identified at the top of the page.

You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Service and this privacy policy to check for any changes.

It is your sole responsibility to review the Privacy Policy from time to time to view any such changes. The updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the updated Privacy Policy or as required under applicable law.

IF YOU DO NOT AGREE TO THE UPDATED PRIVACY POLICY, PLEASE DO NOT CONTINUE TO ACCESS OR USE THE SERVICES.

 

COMPANY’S COLLECTION AND USE OF INFORMATION

Information you give to us, or we infer

To provide you with services, we may ask you to provide us with certain details or information about you and we may also infer information about you, including in the context of you being a customer in our store. This information may include:

• Basic contact details, including your name, e-mail address, mailing address, and phone number. We collect basic contact details to communicate with you, provide you with products and services, and to market to you.

• Account information, including username, password, other access details (e.g., security question answers), and account preferences. We collect account information to maintain and secure your account with us. 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.

• Payment information, including credit or debit card information and billing address. We collect payment information to process your payment and to provide you with products or services you have requested.

• Delivery account information, such as your FedEx or UPS account numbers, (or any other delivery services) so that we can deliver to you using your delivery account.

• Any other information you choose to include in communications with us, for example, when sending us an e-mail.

• Additional information collected or inferred through your visit to our stores, gender, birthday, age, family members, relationships to other customers, friendships and significant others, social media handles, information regarding gift recipients, and similar details. 

Some features on the Services may require you to enter certain information to submit a form (e.g., making a purchase). You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

 

Technical information we collect about you and your interaction with the Services

 

When you use our Services, we may also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, web beacons/clear gifs, and other geolocation tracking technologies (“Tracking Technologies”). Usage Data may include:

• Unique device identifier

• Device type and brand, such as your phone, computer, or tablet

• Mobile network information

• IP address

• Browser type

• Date and time stamps, such as the date and time you first accessed the Services

• Operating system

• Log data

• Precise location

• Other usage data and information regarding your interaction with the Services, such as clickstream data and ad impressions

We use the information we collect automatically to tailor features and content to you, to market to you, to provide you with offers or promotions, to run analytics and better understand user interaction with the Services, and to monitor and/or resolve fraud and security incidents. 

 

Our Legal Bases for Processing Information About You

 

We process information about you to perform our contract with you, such as to:

• provide you with our Services and products

• communicate with you about your purchase or customer service inquiries. 

• process and fulfill your order, including sending you any necessary e-mails related to your order such as order and shipping confirmation. 

• process payments made through the Services.

• register, maintain, and secure your account or membership with us

• administer and provide services and customer support per your request.

We obtain your consent to process information about you for the following reasons:

• sign you up for our newsletters or alerts. 

• verify our registered customers

• personalize your services

• if you opted into marketing, to communicate with you about products, services, offers, promotions, events and other news and information we think will be of interest to you.

To be responsive to you and maintain our business relationship, as a matter of our legitimate interests, we will use information about you to:

• to send you announcements in relation to security, privacy or administrative related communications (these communications are not marketing orientated, and we do not rely on consent, so you may not opt out)

• personalize our Services to ensure content from the Services is presented in the most effective manner for you

• administer the Services, and for internal operations, to conduct troubleshooting, data analysis, testing, research, statistical and survey analysis. 

• maintain the safety and security of our users, Services, and business.

• build and maintain our community

• comply with legal obligations.

In addition, we may use all the above information to comply with any applicable legal obligations, to enforce any applicable terms of service, and to protect or defend the Services, our rights, the rights of our users, or others.

 

HOW THE COMPANY SHARES INFORMATION ABOUT YOU

 

In certain circumstances, the Company may share information about you with third parties in compliance with applicable laws. Specifically, we may share information about you: 

• With service providers for business purposes. Such third parties include: (i) payment processors; (ii) data analytics vendors; (iii) security vendors; (iv) website hosting vendors; (v) email marketing providers; and (vi) professional advisors (e.g., auditors, law firms, or accounting firms). These service providers receiving this information assist us with many different functions and tasks, such as: (i) processing and fulfilling orders and returns; (ii) providing customer service and customer relationship management services; (iii) providing data storage and disaster recovery services; (iv) processing payments; (v) communicating with you; (vi) securing our website and Services and preventing fraud; (viii) running analytics and better understanding user interaction with the Services; and (ix) promoting our products and services;  

• With our partner businesses or organizations. When we partner with third parties to offer a promotion or host an event, we may share information about you with such entities with whom we have partnered.

• For legal reasons and to protect our Services and business. We may share information about you in response to a legal obligation or if we have determined that it is necessary to share information about you to (i) comply with applicable law or any obligations thereunder (e.g., cooperation with law enforcement, judicial orders, and regulatory inquiries), (ii) protect our interests or those of our users, or (iii) exercise or defend legal claims.

• In connection with an asset sale, merger, bankruptcy, or other business transaction.

  • We may share information about you while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.

• To enforce any applicable terms of service.

• To ensure the safety and security of the Company and/or its users.

• When you request us to share certain information with third parties, such as through your use of social media widgets or login integrations. 

You acknowledge that such sharing of information may occur in all the circumstances and is permitted by and subject to this Privacy Policy.

 

HOW LONG DO WE STORE INFORMATION ABOUT YOU?

 

Alongside the commitment to offering the highest standards of service and products, we believe that our products should entitle you to personalized client treatment and incomparable after-sales services that may last a lifetime for some products. For this purpose, and to ensure such services, we may need to keep your name, phone number, e-mail address, mailing address, and/or other information about you for as long as it is needed for the provision of such services. 

 

When you purchase services and/or products from us, we keep information about you if is necessary to comply with applicable legislation regarding product guarantee and safety and to allow up with you regarding your experience with the product and offer you continuous advice. 

 

Cookies managed by us are stored for up to 12 months. ALL ABOUT COOKIES

 

We respect the retention periods imposed by applicable laws and regulations. To the extent your data is no longer necessary for the provision of a service (including the after sales service referred to above) or if you no longer wish to be part of our distribution list for our e-mail updates and newsletters, information about you will be deleted or archived in an anonymized or de-identified format to comply with applicable regulation. 

 

WHERE DO WE STORE INFORMATION ABOUT YOU?

 

We are headquartered in the United States of America, and as such, information about you will be transferred to, and stored at/processed in the United States of America. We will take all steps reasonably necessary to ensure that information about you is treated securely and in accordance with this Privacy Policy.

 

COOKIES AND OTHER TRACKING TECHNOLOGIES 

 

Do Not Track Signals

 

Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our website is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.

 

 

Cookies and Other Tracking Technologies

 

We use cookies to collect information about your browsing activities over time and across different websites following your use of our Services. Cookies allow us to recognize and count the number of users and to see how users move around our website when they are using it. This helps us to improve our Services and the way our website works. You can find more information about cookies and how to manage them at ALL ABOUT COOKIES.

You may control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including any portal features and general functionality, to work incorrectly. 

Most browsers accept cookies automatically. However, you may be able to configure your browser settings to use the Services without some cookie functionality. You can delete cookies manually or set your browser to delete cookies on a pre-determined schedule automatically. For example, in the Internet Explorer menu bar, select: Tools ->Internet Options->Browsing History->Delete to view manual and automatic options. 

We may also use Flash cookies (also known as “persistent identification elements” or “local shared objects”) on certain pages. Because Flash cookies cannot be controlled through your browser settings, you may click here to adjust your preferences. You can also identify Flash cookies running on your computer by visiting the Flash Player folder. Flash cookies, or LSO files, are typically stored with a “.SOL” extension. Please note that if you block cookies, some functions otherwise available on the Services may be unavailable, and we may not be able to present you with personally tailored content.

  

SOCIAL FEATURES

Certain features of the Services may permit you to initiate interactions between the Services and third-party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to click and access the Company’s pages on certain third-party platforms, such as Facebook and Twitter, and from there to “like” or “share” our content on those platforms. Use of Social Features may entail a third party’s collection and/or use of information about you. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both the Company and the third party may have access to information about you and your use of both the Services and the third-party service. For more information on third-party websites and platforms, see Section 8.

 

THIRD PARTY WEBSITES AND LINKS

 

Our Services may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of information about you. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as TikTok Instagram, Facebook or Twitter) may also be viewable by other users of the Services and/or users of those third-party online 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.

We expressly disclaim all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

 

CHILDREN’S PRIVACY

 

We do not seek or knowingly collect any information about children under 13 years of age. If we become aware that we have unknowingly collected information about a child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database.

 

If you are the parent or guardian of a child under 13 years of age who has provided us with information about them, you may contact us using the below information to request that it be deleted.

 

DATA SECURITY

 

Although we do our best to protect information about you, we cannot guarantee that any information you send to us electronically, while using the Services or otherwise interacting with us, will be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.”

Any information you send us through any means is transmitted at your own risk. 

 

Once we receive information about you, we take appropriate technical and organizational measures, reasonable precautions and follow industry best practices to safeguard information about you against loss, theft and unauthorized use, access or modification. These safeguards help us prevent fraud and unauthorized access and maintain data accuracy. We also take reasonable precautions to limit access to information about you within our internal systems.

 

YOUR CALIFORNIA PRIVACY RIGHTS

California Shine the Light Law

California Civil Code Section 1798.83, also known as California’s “Shine the Light” law permits residents of California to request certain details about information we may disclose to third parties for direct marketing purposes. If you are a California resident and would like to request this information, please contact us by email at designbyamandakate@gmail.com

 

California Privacy Rights Act 

The California Privacy Rights Act of 2020 (“CPRA”) requires us to provide additional privacy-related information to residents of California. If you are a California resident, please note the following about how we collect, use and disclose your personal information, including additional rights you may have to your personal information:

• Personal Information and Sensitive Personal Information. We may collect certain categories of information about California and residents, such as:

  • Identifiers: name, address, email address, date of birth, telephone number(s), identification numbers (e.g., passport number, driver’s license), IP address, and MAC address

  • Internet or Other Electronic Network Activity: information collected through cookies and web beacons; Geolocation data, such as device location and Internet Protocol (IP) location; and Other information: information provided in the course of participation in promotional or rewards programs, third party personal information provided to enable the transfer of funds to the recipient, information lawfully obtained from third parties, including credit reporting agencies and identity verification and database service providers, and information you provide during recorded communications with our customer support team.

  • We do not collect the following categories of sensitive personal information: health information (e.g., biodata), genetic data, racial and ethnic origins, religious beliefs, union membership, content of postal mail, email, and text messages, unless we are the intended recipient of the subject communications.

• Sources of Personal information. Personal information is provided directly by you (or by the devices you use) via your transactions with us and the network and when you use our Service. Personal information is also provided by other third parties, including but not limited to, consumer reporting agencies, identity verification services, and publicly available sources.

• Use of Personal information. We may use your personal information as follows:

  • Identifiers: To process your transactions; to verify your identity; to collect payment for your use of the Service; to troubleshoot problems with the Service; to comply with applicable laws and regulations; to detect and prevent fraud and other illegal uses of the Service; to send marketing notices, service updates, and promotional offers.

  • Commercial information: To process your transactions; to verify your identity; to collect payment for your use of the Service; to troubleshoot problems with the Service; to comply with applicable laws and regulations; to detect and prevent fraud and other illegal uses of the Service; to survey information that will be used to monitor or improve the use of our Service and overall customer satisfaction.

  • Internet or Other Electronic Network Activity: To process your transactions; to verify your identity; to collect payment for your use of the Service; to troubleshoot problems with the Service; to comply with applicable laws and regulations; to detect and prevent fraud and other illegal uses of the Service; to send you or your customer marketing notices, service updates, and promotional offers; to survey information that will be used to monitor or improve the use of our Service and overall customer satisfaction; to administer the Website; and/or for interest-based advertising and other marketing purposes;

  • Other: To process your transactions; to verify your identity; to collect payment for your use of the Service; to allow our partners to fulfill their promotional obligations to you; to troubleshoot problems with the Service; to comply with applicable laws and regulations; to detect and prevent fraud and other illegal uses of the Service; to send you or your customers marketing notices, service updates, and promotional offers; to contact you or your customers, as authorized, for the purposes described in this Privacy Policy; to survey information that will be used to monitor or improve the use of our Service and overall customer satisfaction; to administer the Website; and/or for interest-based advertising and other marketing purposes

• Personal information Sold or Disclosed for Business Purposes.

  • Sharing Personal information for Business Purposes: In the preceding twelve months, we may have shared the following categories of personal information for business purposes: Identifiers, Commercial Information, Internet or Other Electronic Network Activity, and Other Information.

  • Sale of Personal information: We share information collected from cookies and web beacons, such as how you interact with our site and information collected from your activity on the web, with advertising technology partners to create user profiles and present tailored advertising messages based on your preferences. This approach is called interest-based advertising.

  • California Privacy Rights: As a California resident and subject to certain exceptions, you may have the right to access, correct (rectification), and/or delete your personal information. You also have the right to request information about the personal information we have “sold” or “shared” for business purposes, by contacting us at CONTACT

  • You may request the following information about the personal information we have collected about you during the past 12 months:

• the categories and specific pieces of personal information we have collected about you;

• the categories of sources from which we collected the personal information;

• the business or commercial purpose for which we collected the personal information;

• the categories of third parties with whom we shared the personal information; and

• the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.

• Verification. To protect your privacy and security, we will verify your identity before responding to such requests, and may request you provide us your name, email, drivers license, and transaction history, or additional proof where necessary. If we cannot verify your identity, we will not be able to honor your request. You will not be penalized for exercising your rights to your personal information.

• Do Not Share or Sell My Personal Information. You also have the right to opt-out of us “sharing” or “selling” your personal information as defined under CPRA, CCPA and the CPA and ways to control the cookies and internet-based information you may share with us. You can manage your cookie preferences on the Design’s by Amanda Kate homepage’s consent management banner. If you disable some or all the cookies the service, or parts of the service may not work You can always restrict the placement of cookies on your computer or remove them from your browser by going to your browser settings. You can also opt out of receiving interest-based ads from third party advertisers who are members of the Network Advertising Initiative (“NAI”) or who follow the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt out pages on the NAI website and DAA website. Please note that cookie-based opt outs are applicable only to the browser and device you use when you opt out. If you wish to opt out across all devices, you must replicate your choices across each device, including your mobile device. In addition, if you clear or delete your cookies on that browser or device, you will need to reset your cookie opt out. If you are making this request on behalf of someone else, we may request the authorized agent provide us a signed power of attorney. 

Note on California Secretary of State: Effective April 7, CA SOS introduced restrictions that will require all CA SOS filings to be submitted by logging into a user account. To purchase Worry Free Compliance, some customers will be required to grant Designs by Amanda Kate permissions to their account.

 

Complaints 

If you have complaints about how we process your personal data, please contact us at using the below information and we will respond to your request as soon as possible. 

 

CONTACT US

If you would like to exercise any of the above rights, or if you have any questions about this Privacy Policy, please contact us using any of the below methods:

• E-mail at designsbyamandakate@gmail.com

• Postal

  • Designs by Amanda Kate

  • 1981 Memorial Drive #242

  • Chicopee MA 01020

• Telephone at +1 (413)221.4680

• Through our ‘Contact Us’ form at Contact Us