PRIVACY POLICY

Privacy Policy

Effective date: July 29, 2020

Ben Nye Co., Inc. (“us”, “we”, or “our”) operates the www.bennye.com website (hereinafter referred to as the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. 

Acceptance Of These Terms

By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use, accessible from www.bennye.com

If you do not agree with the terms of this Privacy Policy or our Terms of Use, then you should immediately discontinue use of the Ben Nye website (the “Site”) and/or our services without providing us any personally identifiable information.

Definitions

  • Service
  • Service is the www.bennye.com website operated by Ben Nye Co., Inc.
  • Personal Data
  • Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data
  • Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Cookies
  • Cookies are small files stored on your device (computer or mobile device).
  • Data Controller
  • Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
  • For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
  • Data Processors (or Service Providers)
  • Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
  • We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject (or User)
  • Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Cookies and Usage Data

Account Information

We store information that is required for you to create an account with us. Examples include customer number, login ID, and password. We only collect unique login information for those activities that require an account. Your unique login information, especially your password, should always be kept confidential and should never be shared with anyone else. To change your account password, go to the Account details section of our site

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customise our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Ben Nye Co., Inc. uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To create and manage your online accounts and profiles;
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To personalize your online experience and the advertisements you see when you use the Services or third-party platforms based on your preferences, interests, purchasing history and browsing behavior
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues

Retention of Data

Ben Nye Co., Inc. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Ben Nye Co., Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Ben Nye Co., Inc. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

Ben Nye Co., Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Ben Nye Co., Inc.
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Ben Nye Co., Inc. aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to opt out 
    • You may have the right to “opt out” of certain of our uses of your Personal Information. If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located at the bottom of each email. 
    • We are not responsible for notices that are not labeled or sent improperly, or do not have complete information. We will process your request within 30 days of the date we receive your request, but you may, in the meantime, receive previously scheduled emails, mail or calls from us. We will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such date following your request. In these cases, please contact that entity directly. Once you have opted out, you do not need to do so again. Please note that Ben Nye may still use your Personal Information (and may share your information with our service providers) to provide you with services, including sending you administrative emails, relating to your online needs and your other activity on the Website.
    • You can opt out of some, but not all, online behavioral based advertising by clicking http://www.networkadvertising.org/choices
  • The right of rectification 
    • You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object 
    • You have the right to object to our processing of your Personal Data.
  • The right of restriction. 
    • You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. 
    • You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. 
    • You also have the right to withdraw your consent at any time where Ben Nye Co., Inc. relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

California Privacy Rights

California law permits residents of California to request notice of how their information is shared with third parties for direct marketing purposes or to opt out of such sharing. If you are a California resident and would like a copy of this notice or to opt out, please email us at info@bennye.com.

Additionally, if you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of personal data.

  • Categories of Personal Data Collected: In the preceding 12 months, we have collected the following categories of personal data: identifiers; commercial information; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); internet or electronic network activity; geolocation data. For examples of the precise data points we collect, please see “Types of Data Collected” above.
  • Business or Commercial Purpose for Collecting and Using Data: We collect each category of personal data listed above for the business or commercial purposes described in the “Use of Data” section above.
  • Categories of Sources of Personal Data: We collect each category of personal data listed above from you and the third-party sources described in the “Information we collect from other sources” section above.
  • Categories of Personal Data Disclosed: In the preceding 12 months, we have disclosed the following categories of personal data for business or commercial purposes: identifiers; commercial information; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); internet and electronic network activity; and other categories of personal data that relates to or is reasonably capable of being associated with you.
  • Categories of Third Parties With Whom We Share Personal Data: We may share each category of personal data listed above with the third parties as described in the “How We Share Your Information” section above.

Your Consumer Rights

California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their personal data (subject to certain exceptions). California consumers also have the right to opt out of sales of personal data, if applicable. 

  • Right to Know: 
    • You may request access to the specific pieces of personal information we have collected about you in the last 12 months. You may make an access request by emailing info@bennye.com. We will verify your request by contacting you after receiving your request to verify your identity.
  • Right to Have Data Deleted: 
    • You may request that we delete the personal data we have collected about you (subject to certain exceptions). Please note that we may retain certain information as required or permitted by applicable law. You may make these requests by emailing info@bennye.com. We will verify your request by contacting you after receiving your request to verify your identity. If you request to delete your personal data, certain of our products and services may no longer be available to you.
  • Right to Equal Services
    • Ben Nye does not discriminate based on the choice of individuals to exercise the rights given by CCPA.

No Sale of Personal Data

Ben Nye does not and will not sell personal data as the term “sell” as defined by the CCPA.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics
    • Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
    • You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
    • For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
    • You can opt out of Google’s processing of data generated by your use of the Store by visiting http://tools.google.com/dlpage/gaoptout. 
    • To request disclosure of data collected and, or request deletion of data collected, contact us at info@bennye.com. 

Links to Other Sites and Third-party Tracking

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Google and various other websites that are listed below can track you through “this Site” as we use their services for social media, usage analysis, behavior tracking, and infrastructure purposes.

Google participates in the NIA opt-out program. You can visit this link to no longer be tracked by Google and Google properties such as Google Plus.

You can also visit the following sites to read their privacy policies and how they track individuals across the web:

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at info@bennye.com