1.OVERVIEW OF THIS POLICY
1.2 This website and this Policy are provided, controlled and maintained by Charmed Elements with address at Charmed Elements 801 S. Garfield Avenue, Traverse City, MI 49696. The company is a business registered and operating under the laws of United State of America. The words “Charmed Elements”, “we”, “us” and “us” under this Policy are used as substitutes Charmed Elements and its subsidiaries (if any). The words “you”, “your” and “user”, on the other hand, are used as substitutes for customers and potential customers accessing the website and/or purchasing products through the website.
1.3 You are required to read, understand and agree to the manner in which we process (collection, use, disclosure, security, etc.) your information in this Policy. By your use of the website and your submission of the requested personal information, you hereby agree to the manner in which we process your information as described in this Policy. if you do not agree, you should not submit information or purchase from us.
- WHAT INFORMATION DOES CHARMED ELEMENTS COLLECT FROM YOU?
When you purchase from us or access the website, we collect certain personal information which is described below. The information we collect from you depends on what such information is needed for. We collect the following types of personal information:
2.1 Personal Information you submit to us: Personal Information you submit to us is any information that you willingly submit to us when we require it. This information includes but is not limited to your names, email address, phone number, payment information, country, state, street, zip code, and city/town. This personal information may be collected when you (i) provide your shipping information, (ii) submit your payment information for payment, (iii) reach out to us regarding complaints or questions, (iv) sign up to receive newsletters from us, and (v) take part in surveys, promotions, and bonuses offered by Charmed Elements.
2.2 Personal Information collected automatically: This is any information that is automatically collected by us through the use of our programmed software when you access the website. This type of information is collected immediately a user accesses the website. This information may include the user’s device IP Address, location, cookies and other tracking information. Non-personal information is majorly collected through your device with the help of our tracking tools such as cookies (see our Cookies Policy) and other third-party tracking technologies such as Google Analytics.
2.3 Aggregated Information: We collect aggregated information regarding the use of our website in order to determine the level of improvement. Aggregated information is numerical or non-numerical information that is compiled through technologies as reports or summaries for analytical purposes. This kind of information does not reveal the identity of any user. Aggregated information may include the (i) number of users that subscribed to our newsletter, (ii) number of visits to the website, (iii) most feature of the website accessed by users, and (iv) website/link a visitor navigates to our website from. We may share aggregated information with our affiliates and third parties to conduct general business analysis, which, in turn, helps us identify what area or feature to improve on the website.
- WHAT DOES CHARMED ELEMENTS USE INFORMATION COLLECTED FOR?
Any information collected by us is for a purpose in relation to your orders, including for providing the services, processing and delivering your orders.
3.1 To process and deliver your orders: We collect personal information to handle your orders, process your payments, communicate with you during order delivery, and deliver your items to you;
3.2 To Improve the website and our services: We collect aggregated information to troubleshoot errors, analyse performance, and improve the features and services generally provided by us;
3.3 Recommend and Personalize features: Charmed Elements uses certain information to recommend products and services that we think may interest you;
3.4 To comply with the law and protect our rights: In certain cases, we are required to collect personal information as required by law to protect our rights and other users in the event of claims or disputes;
3.5 To communicate with you: We collect your email address and phone number in order to (i) contact you regarding your order, (ii) respond to your questions, complaints, and queries, and (iii) send you updates regarding our services or this Policy and other agreements;
3.7 For other purposes through your consent: We may also process your information for some other reasons which your consent will be sought before we process such information. You may also withdraw your consent at any time.
- WHO DOES CHARMED ELEMENTS SHARE INFORMATION WITH?
Charmed Elements does not share the information you submit to us to third parties for their marketing purposes. The information we collect when you use the website and purchase through it may only be shared or disclosed to a third party under the following circumstances.
4.1 Disclosures to Third Party Services Providers: Third Party Service Providers (“Contractors”) are entities that perform some professional tasks for us in the course of the services rendered to you. Contractors need your information before they can fulfil the contract, we have with them. For example, to process your payment, we need to share your payment method information with our payment processor. Also, to deliver the items you have ordered through the website, we will need to forward your shipping information to the relevant shipping agent or company.
Please note: Contractors have obligations (through the agreement between Charmed Elements and them) to keep your information confidential and for nothing else other than fulfilling the task we have hired them to perform.
4.2 Disclosures under the Law and to Protect Rights: Charmed Elements may disclose personal information about you when such disclosures are believed to safeguard or protect our rights or other users; comply with the applicable law; to enforce our Terms and Conditions and the other agreements. These disclosures may include sharing information with law agencies, law enforcement and other organizations, responding to court orders and subpoenas for the protection of fraud and carrying out investigations against claims.
Please note: The disclosure of your information under this paragraph will not occur unless it is backed in writing and from relevant agencies.
4.3 Disclosures under a Business Transfer: Business transfers mean any sale of Charmed Elements asset, a merger, consolidation, or acquisition. These are likely situations in the course of business. If any of these occurs, we will have no choice but to share information about you with the other company. For example, should Charmed Elements be acquired by another entity, your personal information will be accessed and controlled by the acquiring entity.
If the transfer of information as described under this section is to countries outside the European Economic Area (“EEA”) or the European Union (“EU”), we will ensure such transfer is done in accordance
- COOKIES AND OTHER TRACKING TECHNOLOGIES
- CHARMED ELEMENTS LEGAL BASES FOR INFORMATION PROCESSING
When we process your personal information, we do so because of the following “Legal bases:”
- a) Legitimate Interest: We process personal information to help us conduct our business, but not when your rights or interest overrides our interest.
- b) Consent: You gave us your consent to process your personal information. You may withdraw your consent at any time
- c) Contract Performance: We must process your information in order to honor the contract between us.
- USER POSTINGS
Charmed Elements allows users to post reviews about their experience through our social media pages and email address. By posting reviews through our social media pages, you agree that your review will be public and any person who has access to our social media pages and groups will also see the content of your review. We require that you apply caution on the kind of personal information you attach to any public platform. We will not be responsible for privacy lost from the reviews you posted to our social media pages.
- MARKETING EMAILS (NEWSLETTERS)
Marketing Emails or Newsletters are the occasional messages sent to your email address for marketing purposes, including on offers, bonuses, promotions, and products which we think may interest you (collectively “Marketing Emails”). By submitting your email address during order checkout, you are by default added to our newsletter list unless you untick the box provided below it. You may also subscribe to receive Marketing Emails by outrightly submitting your email address at the bottom of the website.
We will continue to send you Marketing Emails until you opt-out of receiving them by unsubscribing via the instructions provided in any Marketing Email sent to you. You may also choose to block Marketing Emails by unticking the box provided when you submit your email address during your shipping information submission.
- YOUR RIGHTS REGARDING THE INFORMATION WE HOLD ABOUT YOU
According to the GDPR law of 2018, you have the following rights regarding the information we hold about you. These rights include:
- The right to refuse the submission of information: You may not provide any personal information required from you. However, you will not be able to use the services the information is meant for.
- The right to correct personal information at any time: Any information, including information related to shipping and billing, can be corrected at any time.
For questions and queries regarding these rights or other options available to you, use our Contact Us page or send us a direct message to our email address at email@example.com
- HOW LONG DO WE RETAIN YOUR INFORMATION?
We only keep information about orders and sales on our database. We keep the order information for as long as the website and services function. This information helps us to monitor the sales we have made and when such sales were made. This allows us to monitor analytics, protect our rights in the event of claims, and help us to comply with applicable laws.
- CHILDREN POLICY
We do not permit users that are below the age of majority (usually 18 years in most countries) to submit personal information and purchase from us unless they have support from their parent or legal guardian. By submitting personal information to us, you represent to us that you are 18 years of age or above and that you are able to be bind by this Policy.
- THIRD-PARTY CONTENT
Our websites may contain links, content, or adverts that are posted by third-party websites or companies not affiliated to Charmed Elements (“Third Party Content”). These Third-Party Content are not governed by this Policy; therefore, we do not guarantee the privacy practices of Third-Party Content neither do we guarantee that they are safe to access. Once you leave our websites or get redirected to a Third-Party Content, you bear the risk or become liable for any damage or loss you may suffer thereafter. We recommend that you read the privacy policies of Third-Party Content that you wish to access through our websites before submitting information to them.
- DATA RETENTION
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.
- CALIFORNIA RESIDENTS –CALIFORNIA PRIVACY RIGHTS
Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information regarding Site’s disclosure within the immediately preceding calendar year of that California resident’s personal information to third parties (and in some cases, affiliates) for their direct marketing purposes.
If you are a California resident and you have questions about our practices with respect to sharing information with third parties and affiliates for their direct marketing purposes, please send your request to the following email address: firstname.lastname@example.org. You must put the statement "Your California Privacy Rights" in the subject field of your e-mail. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labelled or sent properly, or do not have complete information.
- QUESTIONS AND CONTACT INFORMATION
If you would like to contact us for feedback, questions, comments, complaints, and otherwise update the personal information we hold about you, reach out to Charmed Elements through our Privacy Compliance Officer at email@example.com
For any notice Charmed Elements wishes to send to you regarding your information or our services, we shall reach out to you via your submitted email address and/or telephone.
Charmed Element California Consumer Privacy Act (“CCPA”)
Charmed Elements offers our customers certain choices about how we use their information. The California Consumer Privacy Act (“CCPA”) gives California residents the right to opt- out of the “sale” of their personal information.
Interest-based Advertising Opt-Outs
Certain Charmed Elements brands feature interest-based advertising. Advertising, including interested-based advertising, enables these Charmed Elements brands to provide you certain content for free and offers that are more relevant to you.
The CCPA broadly defines “sale” of personal information in a way that may include allowing third parties to receive certain information to add to a profile about your device, browser, or you. This profile enables interest-based advertising on applicable Charmed Elements services and other online services.
Advertising Opt-Out Tools
The Digital Advertising Alliance (“DAA”) provides you with a choice as to whether participating third parties can use your information to provide interest-based advertising. To opt out of sharing your information with such participating third parties for interest-based advertising, please use the following tools:
- For websites: the DAA WebChoices Tool, available at http://optout.aboutads.info/?c=2&lang=EN.
- For mobile applications and connected devices, such as smart TVs or streaming devices, you should review the device’s settings and select the option that allows you to disable automatic content recognition or ad tracking. Typically, to opt out, such devices require you to select options like “limit ad tracking” or to disable options such as “interest-based advertising,” “interactive TV,” or “smart interactivity”. These settings vary by device type.
When enabling advertising opt-out tools please understand the following:
- The opt-outs described above are device and browser based. Because the information being shared relates to your device ID and/or browser ID, you will need to opt out on each device and each browser.
- Opt-outs may be stored via cookies. If you clear cookies or if your browser blocks cookies, your opt-out cookie may no longer be available. In this case your opt-out choices can not to be honored.
We do not maintain or control these opt-out mechanisms and are not responsible for their operation. Charmed Elements may still use your data to deliver contextual advertising, conduct cross-device tracking to serve you first-party ads directly, or for non-interest-based advertising purposes, such as attribution and analytics. Some of our brands may "sell" data as defined by the CCPA to partners.
How to Contact Us
ZNS Enterprises, LLC DBA: Charmed Elements