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PRIVACY POLICY

Last Updated: July 16, 2021

 

ARAKS and/or its affiliates (“we,” “our,” or “us”), which operate https://www.araks.com/ (the “Sites”), respect the sensitive nature of any personal information you provide to us. We have created this Privacy Policy to demonstrate our commitment to the privacy of those who visit the Sites. This Privacy Policy describes our online information collection, storage and disclosure practices and the choices you have regarding how your personal information is collected and used by us and our e-commerce providers. By accessing and using the Sites, you consent to the collection, use and disclosure of information through the Sites as described in this Privacy Policy.

 

Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “EEA Residents” and “International Data Transfers” for provisions that may apply to them.

 

California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.

 

We reserve the right to change this Privacy Policy at any time. In the event we make changes to this Privacy Policy, such policy will be re-posted in the “Privacy” section of our Sites, with the date such modifications were made indicated on the top of the page, or we may contact you to inform you about the revisions with a link to the revised Privacy Policy. All changes are effective on the date listed at the top of this page and will apply to all information that we have about you. Your continued use of the Sites or the services that we provide (“Services”) after any change is posted indicates your acceptance of the changes and your continued consent to our processing of your Personal Information. If at any point you do not agree to any portion of the Privacy Policy, then in effect you should immediately stop using the Sites and the Services. Because this Privacy Policy contains legal obligations we encourage you to review this Privacy Policy carefully. If you have any questions concerning this Privacy Policy or our information collection, storage and disclosure practices, please contact us at shop@araks.com/

 

Personal Information That We Collect and How We Use It We collect Personal

 

Information about you when you visit the Sites and subscribe to obtain more information about our Services. “Personal Information” is information that may be used to directly or indirectly identify an individual (which in some cases, may include certain device information). Personal Information may include (a) names, aliases, postal addresses, unique personal identifiers, online identifiers, Internet Protocol (IP) addresses, email addresses, phone numbers, geographical information, or other similar identifiers; or (b) Internet or other electronic network activity information. We may combine the Personal Information that we obtain about individuals from more than one source.

 

The majority of such Personal Information is collected when you register with the Site(s) to join our mailing list, set up an account and join our loyalty program, or otherwise provide us with your contact information or participate in certain activities provided for on our Sites.

 

In general, the type of Personal Information we collect includes, but is not limited to:

• Personal Information to keep in touch with you regarding features or matters of interest, including our programs or to participate in certain activities on our Site;

• Personal Information necessary submitted to our third-party vendor if you apply to become part of our team;

• Un-identifiable and aggregated Personal Information pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience.

 

We and our partners may use that data to maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding us. Use of Personal Information We use this Personal Information to: (i) add you to our mailing list; (ii) contact you; (iii) provide information regarding our Services; (iv) provide our Services, including selling our products; (v) establish an account and join our loyalty program; (vi) provide answers to your inquiries or questions; and (vii) maintain regular communication with you as may be necessary to inform you about our Services and your account.

Social Networks

If you choose to connect to our Sites through a third-party social network such as Facebook, Instagram or YouTube (each, a “Social Network”), we may collect Personal Information from your profile on such Social Network, such as your name, user name, and email address. In addition, our Sites offer links to our accounts on Social Networks. If you decide to use such features, they may allow the sharing and collection of information both to and from each such Social Network, so you should check the privacy policy of each Social Network before using such features.

 

Mobile Message Service Terms and Conditions

 

The Araks mobile message service (the "Service") is operated by Araks (“ Araks ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, promotions, specials, and other marketing offers (e.g., cart reminders) from Araks via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Araks mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email shop@araks.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. 

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

Non-Identifiable Data and Aggregated Personal Information

 

Regardless of whether you submit information to us, we and third parties performing services for us may send one or more "cookies" to your computer. Cookies are small text files placed on your web browser when you visit our Sites that store information on your computer, such as your Site preferences. We use cookies when you sign in to keep track of your personal session. We also use cookies to track your activity on the Sites as a unique person. For security purposes, all of this information is stored in encrypted form. This data may be used to display information about our Services and products on websites operated by third parties.

You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether. Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower site response times.

 

We or our service providers, including Google Analytics, may also collect web surfing data related to your use of the Sites. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Sites. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, "click stream" transactional data that is not associated with any users as individuals.

 

Web surfing data and similar information may be aggregated for administrative purposes. We may, for example, use this aggregated information in the administration of the Sites to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize the Sites based on the needs of our users.

 

How and When Your Information Is Shared With Other Parties

 

We do not sell, trade or license Personal Information about our users for marketing purposes. We do not share your Personal Information unless it is necessary to fulfill our responsibilities, including providing information or Services.

 

Additional Sharing of Information

We work with a number of trusted partners who may perform vital functions as part of our operations of the Sites, including payment processors such as Shopify Payments, Stripe and PayPal. We do not share your Personal Information unless it is necessary to fulfill our responsibilities, including providing information or Services to you, including payment for our products. Our payment processors are subject to their own privacy policies.

 

We may share your Personal Information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Sites or our services, or to protect the rights, property or personal safety of us, our users, issuers, or others.

 

We will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.

 

EEA Residents

 

This section of the Privacy Policy is applicable to residents of the EEA. The EEA consists of the member states of the EU, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom, and Iceland, Liechtenstein, and Norway. This section also applies to residents of Switzerland and, in the event of its departure from the EU, residents of the United Kingdom. Residents of the EEA and Switzerland are referred to here as “EEA Residents”.

 

From May 25, 2018, all processing of Personal Information of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”).

 

Under the GDPR, we are the controller and a processor of the Personal Information of EEA Residents. Our purpose for collecting and processing Personal Information from EEA Residents is to obtain contact information and to substantiate such information. The legal basis for collecting Personal Information is your consent. You may withdraw consent for obtaining such communications by following the “Unsubscribe” instructions on any communication or by contacting us at shop@araks.com.

 

If you are a resident of the EEA and wish to access or correct the Personal Information that we have about you or have any questions relating to the processing of your Personal Information, please contact us at shop@araks.com with the subject line “GDPR Data.”

 

International Data Transfers

 

If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States. Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Information of EEA Residents. By providing Personal Information to us for the purpose of subscribing to our mail lists, setting up an account or joining our loyalty program, you consent to the transfer of your Personal Information to the United States.

 

Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.

 

Notifications and Communications from Our Site

 

Communications Regarding Our Services

 

We will send you email notifications and free newsletters from time to time with offers, suggestions and other information. Some notifications are communications relating to us and our Services, including confirmations of orders for our products. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email.

 

Legal or Security Communications

 

We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as the Privacy Policy or Terms of Service. Generally, you may not opt out of such emails.

 

Deleting Your Information

 

If you want us to delete your Personal Information and your account, please contact us at shop@araks.com with your request. We will take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law. You may not delete information relating to our communications relating to the specific Services that we are providing for you if you wish to continue receiving such Services, including orders of our products. Deletion of your Personal Information is subject to our obligations as set forth in the section relating to Personal Information Retention.

 

Personal Information Retention

 

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

 

Links to Other Sites

 

If you follow any links that direct you away from the Sites, including links to social media sites or other sites, this Privacy Policy will not apply to your activity on the other sites you visit. We do not control the privacy policies or the privacy practices of any third parties.

 

Privacy in Submitted Materials

 

If you submit any materials to us, either directly or through a social media platform, such as Instagram, such materials, including photos or comments, may be displayed on the Sites, including photos of yourself or other individuals. We may also display your first name in connection with the first initial of your last name in connection with comments submitted by you. By submitting such materials, you forego any privacy rights in such materials. Please consult the Terms of Service for other conditions relating to the submission of materials to us directly or through social media sites.

 

Security Policy

 

We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Sites. You engage in such transmissions at your own risk.

 

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at shop@araks.com. Children Under 13 Our Sites are restricted to the use of individuals over the age of 13. We therefore will take measures to verify the age of our users. No portions of the Sites are directed to children under the age of 13. Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13. If we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at shop@araks.com.

 

Your California Privacy Rights

 

The following section pertains to the rights of individuals or households in California (“California consumers”).

 

Civil Code Section 1798.83

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

 

Rights under the CCPA

After January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) will provide California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.

Under the CCPA, qualifying California consumers may have the following rights:

 

Right to Know and Right to Delete.

A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.

When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.

 

Right for Disclosure of Personal Information.

A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.

Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

 

Submitting Requests If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows:

 

ARAKS 137 GRAND STREET, 5th FLOOR, NEW YORK, NY 10013 shop@araks.com

 

Verifying Requests

 

If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.

 

In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.