OUTLINING GENERAL DEFINITIONS OF DATA PROTECTION
Data protection law governs the „processing“ of „personal data“.
„Personal data“ is broadly defined to mean: „...data which relate to a living individual who can be identified – (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.
If you reside or are otherwise located outside of the United States, please note that the information and data we collect will be processed and stored in the United States. Data protection and privacy laws, rules, and regulations in the United States may differ from those in the jurisdiction in which you are located, and may not have the same level of protection as the laws, rules and regulations in the country or territory in which you reside or are located. Your use of the Platforms and the providing of information to us constitutes your consent to the transfer to and processing of your personal information in the United States unless otherwise stated within this Policy.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We may collect the following information about you:
- your name, age/date of birth, gender and other relevant demographic information;
- your contact details: postal address including billing and delivery addresses, telephone numbers (including mobile numbers) and email address;
- your social media handles;
- purchases and orders made by you;
- your online browsing activities on any of our websites including which items you store in your shopping cart;
- information about the device you use to browse our websites including the IP address and device type;
- your communication and marketing preferences;
- your interests, preferences, feedback, competition and survey responses;
- your location;
- your correspondence and communications with us; and
- other publicly available personal data, including any which you have shared via a public platform (such as Instagram, YouTube, Twitter or public Facebook page).
This list is not exhaustive and in specific instances, we may need to collect additional data for the purposes set out in this Notice. Some personal data is collected directly, for example when you set up an online account on our website or send an email to our Customer Support team. Other personal data is collected indirectly, for example when you browse our websites or undertake online shopping activity. We may also collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources. We may anonymise and aggregate personal data for insight and research but this will not identify anyone. Our websites are not intended for children and we do not knowingly collect data relating to children.
HOW DO WE USE YOUR PERSONAL INFORMATION?
Brushgram limited (and trusted partners acting on our behalf) use your personal data:
- to provide goods and services to you;
- to make a tailored website available to you;
- to manage any account(s) you hold with us;
- to verify your identity;
- for crime and fraud prevention, detection and related purposes;
- with your agreement, to contact you about promotional offers, events, products and services which we think may interest you;
- to show you promotional communications through online media as you browse the web;
- for analysis, insight and research purposes - to better understand your needs and ensure we are giving you what you want;
- to identify and contact competition winners;
- to enable us to manage customer service interactions with you; and
- where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute).
To ensure you are kept up to date with the Brushgram experience, we use personal data for marketing purposes and may send you postal mail, texts and/or emails to update you on the latest offers and events. We may also show you online media communications through external social media platforms such as Facebook and Instagram and external digital advertisers such as Google.
You have the right to opt out of receiving promotional communications at any time, by:
- informing us that you wish to change your marketing preferences by contacting our customer support team here
- making use of the simple “unsubscribe” link in emails or the “STOP” number for texts; and/or
This may not stop service messages such as order updates.
Personalisation and Automated Decision Making
If you visit any of our websites, you may receive personalised banner advertisements whilst browsing websites of other companies. Any banner advertisements you see will relate to your browsing activity on our website from your computer or other devices.
We may collect data directly from you, as well as analysing your browsing and purchasing activity online and your responses to marketing communications. The results of this analysis, together with other demographic data, allow us to ensure that we contact you with information on products, services, events and offers that are tailored and relevant to you. To do so, we use software and other technology for automated decision making. We may do this to decide what marketing communications are suitable for you and this activity is based on our legitimate interests to develop and improve our products and services.
Also to provide more personalised services and experiences, we may review data held by external social media platform providers about you, for example, details on your Twitter or Facebook profiles that you have chosen to make publicly accessible such as your name, date of birth. Some of our services enable you to sign-in via external social media platform providers such as Facebook. If you choose to sign-in via a third party app, you will be presented with a dialog box which will ask your permission to allow us to access your personal information (e.g. your full name, date of birth, email address and any other information you have made accessible).
We aim to update you about products and services which are of interest and relevance to you as an individual. To help us do this, we process data by profiling and segmenting, identifying what our customers like and ensuring messages we send them are relevant based on their demographics, interests, purchase behaviour, online web browsing activity and engagement with previous communications. We may also use your data to exclude you from communications which we feel are irrelevant to you. For example, we may exclude someone from resends of marketing emails when we know that person has already opened the original email sent.
Another example of how we may tailor our communications with you is that we may group individuals with similar interests using this data so we can send them product news or promotional offers that are relevant to that shared interest.
You have the right to opt out of any automated processing, including profiling, at any time by informing us that you wish to opt out of automated processing by contacting our customer support team here.
SHARING YOUR PERSONAL INFORMATION
Our service providers and suppliers
In order to make certain services available to you and to help us better understand your preferences, we have partnered with certain trusted third parties including logistics and marketing service providers. We may need to share your personal information with some of our service partners. We only allow our service providers to handle your personal information when they have confirmed that they apply appropriate data protection and security controls. We also impose contractual obligations on service providers relating to data protection and security, which mean they can only use your information to provide services to us and to you, and for no other purposes. We may provide outside companies with aggregated and anonymised information and analytics about our customers but that would never identify you and we will never sell or rent your personal information to other organisations for any purposes.
For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Other third parties
We may also share your data with:
- other companies within our group;
- to purchasers, investors, funders and advisers if we sell our business or assets or restructure whether by merger, re-organisation or otherwise;
- our legal and other professional advisers, including our auditors;
- credit reference agencies where necessary for card payments;
- governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so: -
- to comply with our legal obligations and the administration of justice;
- to exercise our legal rights (for example in court cases);
- for the prevention, detection, investigation of crime or prosecution of offenders; and
- for the protection of our employees and customers.
We may disclose personal information to third parties that provide advertising and marketing services on our behalf and on behalf of our service providers, to the extent appropriate. The Platforms also enable third-party tracking mechanisms to collect your non-personal information for use in online behavioral advertising. For example, third parties may use the fact that you visited the Platforms to target online ads for our services to you on websites or services not owned or controlled by us. In addition, our third-party advertising networks might use information about your use of the Platforms to help target advertisements based on your online behaviour in general. Please see our “Cookies Policy” for more information on this subject. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Instagram: you can hide an ad you don't like by tapping (iOS) or (Android) on the top right corner of the sponsored post, and then choosing Hide This.
- Twitter: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads
- Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
You have the following rights:
- the right to be informed about our processing or your personal data which is the aim of this Notice;
- the right to request access to personal data we hold about you at any time;
- the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you;
- the right to object to processing of your personal data and/ or to withdraw any consent you have given us and to opt out of any marketing communications that we may send you;
- the right to prevent processing that is likely to cause damage or distress to you or anyone else;
- the certain rights in relation to automated decision making including profiling;
- the right to request that we erase your personal data in certain circumstances (the right to be forgotten) for example when the data are no longer necessary for the purpose for which we collected them;
- the right to have your personal data provided to you by us in a structured, commonly used and machine-readable format and transmitted to another data controller. This is known as the right to data portability.
If you wish to exercise any of the above rights, you can always contact us here or by post to the Brushgram Ltd. 10812 NW 6TH CT MIAMI Florida US 33168.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
We will not retain your data for longer than necessary for the purposes set out in this Notice. Different retention periods apply for different types of information, and our Data Retention Policy sets out the length of time we will usually retain personal data and where these default periods might be changed.
In summary, various laws, accounting and regulatory requirements applicable to us require us to retain certain records for specific amounts of time. In relation to your personal data, we will hold this only for so long as we require that personal data for legal or regulatory reasons or for legitimate organisational purposes. We will not keep your data for longer than is necessary for the purposes for which we collect them.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us here or by mail using the details provided below:
Brushgram Ltd. 10812 NW 6TH CT MIAMI Florida US 33168
Some cookies collect information about browsing and purchasing behaviour when you access our websites via the same computer or device. This includes information about pages viewed, products purchased and your journey around a website. All data passed by cookies is anonymous and will never contain individual detail such as your name, address, telephone number or payment information but may contain our customer reference number that is unique to you. For more detailed information about how cookies work, please visit www.allaboutcookies.org.
HOW ARE COOKIES MANAGED?
The cookies stored on your computer or other device when you access our websites are designed by:
- Brushgram or on our behalf, and are necessary to enable you to make purchases on our websites;
- third parties who participate with us in marketing programmes; and
- third parties who publish web banner advertisements for us.
WHAT ARE COOKIES USED FOR?
Cookies are used with our marketing partners to present you with appropriate offers and advertising as you browse other sites on the internet, based on your browsing activity while on our site. Cookies also allow us to work alongside our web analytics partner, Google Analytics, to see how you like to use our website, which pages or special functions you prefer and help us to make them better. We may match the data we capture through cookies with personal data that we already hold about you to better understand you. This helps us to continually improve the relevance of our promotional communications, your shopping experience and our products and services. The main purposes for which cookies are used are:
- For functional purposes essential to effective operation of our websites, particularly in relation to online transactions, site navigation and preferences.
- For marketing and advertising, particularly web banner advertisements and targeted updates through digital channels and social media.
- To enable us to collect information about your browsing and shopping behaviour, helping us to improve your shopping experience and to monitor performance.
- To enable us to meet our contractual obligations to make payments to third parties when a product is purchased by someone who has visited our website from a site operated by those parties.
Brushgram works with partners who serve advertisements or present online offers on our behalf. Most of these marketing partners use both session and persistent cookies. These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. All data collected by third party cookies is anonymous and will never contain your name, address, telephone number, email address or payment details.
WHAT TYPE OF COOKIES DO WE USE?
There are two types of cookie that may be used during your visit to our site:
1 Session cookies
Session cookies are deleted after each visit to our site. For example, when you are browsing our site, it will remember you for the duration of your visit, but the cookie will be removed from your computer as soon as you close down your internet browser. Session cookies allow you to add an item to the basket and then move through the checkout. Disallowing these cookies via your web browser will mean you are unable to place an order on this site.
2 Persistent cookies
Persistent cookies remember you for a set period of time, allowing wishlist and/or previously viewed products to be displayed the next time you visit our site and whether you were logged into your account.
TURNING OFF AND DELETING COOKIES
Most web browsers will provide the option to turn off or disallow cookies. How you do this depends on the web browser you are using. Instructions for disallowing cookies can usually be found in the browser's 'Help' menu. Note that in common with most other transactional websites, if you only disable third party cookies, you will not be prevented from making purchases on our websites but refusing the cookies we have used via your web browser will mean that you are unable to make a transactional purchase on our website. You may also find that the functionality of many other websites and services will be affected. Cookies can be deleted using your web browser. However, unless they are disallowed they will be re-applied the next time you visit a website.
If you want to disable cookies you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies for the most popular desktop browsers are set out here (these may vary depending on operating system and browser version)[link]:
For Microsoft Edge:
- Choose the menu “Tools” then “Internet Options”
- Click on the “Privacy” tab
- Select “Advanced”
- Choose the appropriate settings
For Google Chrome:
- Choose “Settings” and click on “Advanced”
- Under "Privacy and Security" click “Content Settings”
- Click “Cookies”
- Choose Preferences > Privacy
- Click on “Block all cookies”
For Mozilla firefox:
- Click on the menu icon then select “Options”
- Click on the icon “Privacy & Security”
- Find the menu “cookie” and select the relevant options
For Opera 6.0 and further:
- Choose the menu icon and select “Settings”
- Click on “Privacy & Security”
- Choose the appropriate settings
THIS POLICY HAS BEEN LAST UPDATED ON THE 25 MAY 2018