1.   INTRODUCTION    

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Last Updated: 05/24/18

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This privacy notice provides you with details of how we collect and process your personal data through your use of our site, www.kristybrowndesigns.com.

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By providing us with your data, you warrant to us that you are over 13 years of age.

Kristy Brown is the data controller and she is responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

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It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at kristy@kristybrowndesigns.com.

 

2.  WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT 

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Personal data means any information capable of identifying an individual. It does not include anonymised data.

We may process the following categories of personal data about you:

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• Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through blog comments on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
   

• Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract. 
   

• User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business. 
   

• Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising.  Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
   

• Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising.  Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
   

• Opt In Data that includes the name and email address you use to opt in to our email newsletter or sign up for a freebie. We process this data to send you weekly emails about freelancing and send you free resources and occasional promotions and special offers. Our lawful ground of processing is consent and legitimate interest which in this case are to provide our email subscribers with free value, market our products/services and grow our business.
   

• We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business). 
   

Sensitive Data

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.

We do not carry out automated decision making or any type of automated profiling.

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3. EU Personal Data

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If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

 

For this EU Privacy Notice section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but, in addition to the information identified in the Privacy Policy as Personal Data above, “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Kristybrowndesigns.com will be the controller of your Personal Data processed in connection with the Services.

 

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at kristy@kristybrowndesigns.

 

4.  HOW WE COLLECT YOUR PERSONAL DATA

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We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

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Information we collect directly from you:

We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

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• First and last name

• Email address

• Date of birth

• Gender

• Biographical information

• Location information (limited to city, state, zip code, country, and time zone)

• Employment history

• Links to your social media accounts

• Any other information you choose to share publicly on the Services, for example, anything you post to a public part of your

• Profile or an online classroom on the Services

 

Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:

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• Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.

• Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.

• Information from third party service providers: Some of our third party service providers (such as Lever) collect Personal Data about our employees and job candidates and share that information with us.

 

Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:

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• IP address

• Device identifiers

• Web browser information

• Page view statistics

• Browsing history

• Transaction information (e.g. transaction amount, date and time such transaction occurred)

• Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.). For more information, please review the “Information About Cookies” section above.

• Location information (e.g. IP address)

• Log data (e.g. access times, hardware and software information)

 

 

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. We may receive data from third parties like analytics providers such as Google, Email Marketing providers such as Mailerlite.

 

4. MARKETING COMMUNICATIONS

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Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). 

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.

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Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at kristy@kristybrowndesigns.com at any time.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc. 
 

5.  DISCLOSURES OF YOUR PERSONAL DATA  

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We may have to share your personal data with the parties set out below:

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• Service providers who provide IT and system administration services.

• Professional advisers including lawyers, bankers, auditors and insurers 

• Government bodies that require us to report processing activities.

• Third parties to whom we sell, transfer, or merge parts of our business or our assets. 

• Payment processors that handle your payments for our goods or services.

• Newsletter service providers that allow us to send you marketing emails.

• Countdown timer tools who use your IP address to customise countdown timers in our marketing emails.

 

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

 

6.  INTERNATIONAL TRANSFERS 

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The Services are hosted and operated in the United States (“U.S.”) through Kristybrowndesigns.com and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to kristybrowndesigns.com in the U.S. and will be hosted on U.S. servers, and you authorize kristybrowndesigns.com to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.

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Kristybrowndesigns.com is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Kristybrowndesigns.com’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, please visit https://www.privacyshield.gov/.

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7.  DATA SECURITY  

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We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

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We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
 

8.  DATA RETENTION  

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We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

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For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

9.  YOUR LEGAL RIGHTS  

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Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

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You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

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If you wish to exercise any of the rights set out above, please email us at kristy@kristybrowndesigns.com

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

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We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

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We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would be really grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you!
 

10. THIRD-PARTY LINKS  

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This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
 

11. COOKIES  

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We may use cookies to deliver content that is specific to your interests. Cookies are text files that are used by your computer’s web browser to store your preferences, and enable us to enhance your user experience with our web site.

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12. IP Addresses

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We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.

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13. Commitment to Data Security

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All information collected from you is stored in a technically and physically secure environment. We use SSL encryption to protect sensitive information online, and we do everything we can to protect user information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.

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14. Contacting Us

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If you need to contact us, you can email us at kristy@kristybrowndesigns.com

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We strive to provide excellent products, along with equally excellent customer service. If you have any questions about this Privacy Policy or our practices, please feel free to contact us using one of the methods listed above.