JACKIE SMITH PRIVACY POLICY
LAST UPDATE: July 7, 2022
1. ABOUT JACKIE SMITH AND ITS PRIVACY POLICY
We are Jackie Smith (we, us, our) and we are committed to protecting your information. Jackie Smith is a United States registered company with address at 848 Brickell Ave Ste. 203, Miami, Florida, US. Our contact email address is customercareus@jackiesmith.com.
This privacy policy describes how your personal information is collected, used and shared when you visit or make a purchase on jackiesmith.com, jackiesmith.com/en and jackiesmith.com.ar for Argentine territory only.
The website and services offered by Jackie Smith are not intended for use by children.
If you have any questions about this Privacy Policy you can write to customercareus@jackiesmith.com.
2. WHAT INFORMATION WE COLLECT AND HOW WE COLLECT IT
When you interact with us either through our website or by communicating with us, we may collect the following information about you:
Information you provide to us: you may give us information about you when you register on our website, place an order, complete any type of online form (such as change request, contact form, contests, surveys) opt-in to receive our Newsletters and special offers via email or sms, participate in contests or promotions via email or sms, interact on social media with our website, or when communicating with us (via email, sms, phone, apps, social media or other).
Depending on the data you provide, this information may include your name, address or location, phone number and email address, date of birth, gender, purchase information, purchase preferences, images and financial information (which includes your credit and debit card details, although we do not process these, as they are processed by our payment processors).
In the case of referral campaigns, you can invite your friends to shop on our website (via email, Facebook, WhatsApp or by sharing a link) from your Jackie Smith account or emails. We will let them know that we have received their details through you, so please make sure you have your friends' consent before sharing their contact details with us, and only forward emails to people you know would like to receive them.
Information we receive from other accounts or sources: We may receive information about you from other sources, such as from your other accounts (such as when you use your Apple ID or sign in with Google or Facebook on our website) or other websites, including data brokers, such as Facebook, advertiser networks, analytics partners, as well as payment and messaging providers.
By linking your Jackie Smith account on our website with your social media account, you give us permission to obtain certain information and content from those accounts. The specific types of information we may collect will depend on the settings you have on these accounts or websites, and will be subject to their privacy policies.
We supplement the data you provide to us with data from aggregated data services, such as public or social graph data, in order to provide you with content and promotions that are of benefit to you. We will aggregate this data with your customer account information to better understand users' interests and to provide more relevant product recommendations and advertisements, to increase our customers' security when using our website, and to comply with our legal obligations, such as penalty laws. This information may be associated with your personal data, such as your name, email address, address, physical address or telephone number.
Information our IT systems collect about you: each time you visit our website, certain information will be created and automatically recorded by our IT systems. This information includes:
Cookies: you can read more information about cookies in point 6. These small text files can help improve your experience on our website and facilitate your interaction with us. This may include storing your location or language preferences, so that you do not have to re-enter this information when you return; or to ensure that items you wish to purchase do not disappear as you browse the pages of our website. We also use cookies to deliver targeted advertisements to you;
Device information: the information that comes from your device may differ, depending on your operating system (PC, Mac, iPhone, Android or other) and settings, but also depends on the type of device you have (an iPhone 12 or a Samsung Galaxy S10, for example), the device IP address and location, the browser you use, your mobile network provider (in the case of mobile devices), the pages you have visited, your time zone and country, as well as error download reports and crashes.
3. WHAT WE USE YOUR INFORMATION FOR
In order to provide you with our services, including those that allow you to order and receive products using our website, as well as to manage your Jackie Smith account and optimize your experience, we need to use your information in a number of ways.
We also use this data for marketing and advertising purposes. Whenever you have indicated that you would like to receive marketing communications from us (via email or sms ) or whenever you have made a purchase using our services, we and our partners will use your personal information (comprising your name, phone number, email and address) to occasionally send you updates, news and offers via email, post or other means. We may use your data (which includes supplemental information received from our partners that we append to our existing customer data, as described below), to send you customized messages.
You can unsubscribe from our email marketing communications by following the opt-out options at the bottom of our promotional emails. You can unsubscribe from our sms marketing communications by sending STOP as reply of any message we sent you.
If your country has such services, we may use your information to provide you with shopping recommendations and services related to your personal style, so that you have access to an enhanced and more engaging shopping experience. Such services will be provided in conjunction with third-party service providers, who will act as processors.
We use third-party service providers in order to deliver more relevant ads to you across devices and on our own website. In addition to information about your visits to our website, our service providers may use data about your interactions with other websites or apps to present you with advertisements for products available on Jackie Smith. For more information on how to opt out of these targeted advertisements and to control the use of cookies, please read the cookie section of this Privacy Policy.
We also conduct research, analysis and surveys about the use of and visits to our website. We keep track of the time you spend on our website to validate whether you can benefit from our loyalty programs. Finally, we use your information to confirm your identity and perform anti-fraud credit checks to ensure your and our financial security.
The purposes for which we collect your information, what information is collected and the legal basis are detailed below.
To register and manage your Jackie Smith account on our website: we collect your name, phone number, email and password. The legal basis lies in the execution of a contract with you.
To complete orders you place through our website: we collect your email, name, address, telephone number and order details, such as the products you are buying, the size and the price. The legal basis lies in the execution of a contract with you.
To receive your payment: we collect your payment information, comprising credit/debit card number, cardholder name and CVV. We do not store this data and only transfer it to our authorized payment providers. The legal basis lies in the execution of a contract with you.
To provide you with our Customer Services: (including helping you resolve any problems you may have with our services, updating you on any changes to the terms of our services, or contacting you to find out how your experience with us has been): we collect your name, email address, password, telephone number and address and your contact history with us via sms or chat. The legal basis lies in the performance of a contract with you and our legitimate interests in retaining you as a customer.
To monitor the quality of our Customer Care services: we collect your name, email, password, phone number and addresses, your response to our inquiries through WhatsApp or contact forms about the quality of the service you received and your history of contact with us (including phone records of our conversations and conversations through email or other instant messaging applications). The legal basis lies in our legitimate interests and in the operation of our business.
To administer, maintain and optimize our website and our services: we collect your device information (such as IP address and the type of device you use), cookie identifiers and browsing information. The legal basis lies in our legitimate interests in the operation of our business.
To perform fraud and credit checks, and assess whether we can do business with you: we collect your name, email, addresses, credit/debit card details, browsing history, purchase history, date of birth, gender, specific cookie behavior, information from your devices (such as IP address and the type of device you use), any identity documentation (such as driver's license or ID card) and any publicly available information (such as social media profiles or news feeds). The legal basis lies in our legitimate interests to protect Jackie Smith and its customers from fraudulent activity, and to comply with legal obligations.
To send you marketing communications and personalized offers: we collect your name, email, phone number, address, language preference, date of birth, purchase history, browsing history and behavior, device information, shopping preferences, cookie identifiers, internal identifiers and country. The legal basis lies in our legitimate interests in electronic direct marketing of similar products and services you have purchased using our website or—where this is not applicable—your consent to send you special offers and campaigns powered by Jackie Smith.
To manage our Jackie Club loyalty program: we collect your name, email, phone number, address, date of birth, purchase history, browsing history and behavior, device information, shopping preferences, user name, cookie identifiers, internal identifiers, country, spending level and purchasing power. The legal basis lies in our legitimate interests in administering our business and improving your shopping experience.
To provide you with personalized recommendations and enhance your experience: we collect your name, email address, phone number, address, date of birth, purchase history, browsing history and behavior, in-store interactions with products, information from your devices, shopping preferences, user name, cookie identifiers, internal identifiers, country, spending level and purchasing power. The legal basis lies in our legitimate interests in administering our business and improving your shopping experience.
To conduct studies, analyses, surveys and questionnaires about your use of our website: we collect your name, address, email address, device information, demographic information (including gender, country of residence) and survey response content. The legal basis lies in our legitimate interests in the operation of our business and in improving our website and your user experience.
To advertise and retarget advertising for our products and services: we collect your email, cookie identifiers and device information. The legal basis lies in our legitimate interests in the operation of our business.
To produce aggregate statistical reports: we use your order history, ensuring that the results of these reports do not identify you. The legal basis lies in our legitimate interests in the operation of our business and the improvement of our website.
4. WHO WE SHARE YOUR INFORMATION WITH
To facilitate our services and the website as such, we work with a select number of third parties. To do so, we may share your information with them in the following, appropriately limited, circumstances:
To function properly, we rely on a select number of third parties to provide us with their services and products. We allow these companies to use your information only as strictly necessary for the purpose of providing their services and products to us. Below, you will find the types of providers we use:
Courier companies that we use to deliver products to you and, therefore, they need to have access to your order information, which includes your name and address. These suppliers have a global reach, with several local companies that may be involved in the process.
Payment providers, which we use to process your payment information (such as your credit/debit card details) so that we can receive your payment. These are based in the European Union, the United States and China, and are involved in the process depending on your location.
Anti-fraud and credit validation providers, to keep you and us safe. They have access to your information and associated orders, and process them in order to verify any fraudulent behavior. Our current providers are located in the United States, Europe and Israel.
Search engine and analytics providers, such as Google, that we use to assist you in improving and optimizing our website. These providers are located in the United States and Europe.
Marketing tools that help us drive our marketing. These providers are located in the United States.
Marketing performance and recommendation providers, which help us provide Jackie Smith product recommendations tailored to your interests and needs. These providers are located in Europe and the United States.
Research companies, which we may engage to help us conduct surveys about your use of our website and our services. These providers are mostly located in Europe or the United States.
IT/technology provider we use to support, maintain and deliver our IT technology and infrastructure that supports our website and stores our information. This provider is located in Canada.
● Ads for marketing purposes: we may give your information to our advertising and social media partners of your choice (Facebook), provided that they require this data to select and use relevant ads about our products and services and those of our partners, targeted to you and others;
● Data enrichment service providers: we may enrich, aggregate or combine the information we hold about you with information from other sources, in principle, by sharing some of your personal data with selected business partners. These partners are located in Europe. We do this to better understand your customer profile and interests so that we can provide you with offers especially for you, as well as specialized services;
● Third-party role when considering a corporate transaction: we are always looking for new directions and growth opportunities. This means that, on certain occasions, we may consider corporate transactions, such as mergers, acquisitions, reorganizations, sale of assets or other similar transactions. In this way, we may transfer your information to allow for the appreciation and completion of this transaction. If we buy or sell any business or assets, your personal information may be one of the assets to be transferred;
● To comply with legal requirements: on occasion, we may be required to cooperate with various regulatory and law enforcement agencies in different countries, whether by legal requirement, court order or other legal process. Although we dispute the requirements whenever possible, in some cases we will have to share your information with regulatory or law enforcement agencies. When we deem it appropriate, and bearing in mind that we are not prohibited from so doing by any law or court order, we will attempt to notify you of these legal claims;
● Aggregated information with third parties: we may aggregate your data with that of other customers, creating a database of information about your use of our website, product purchases and other general aggregate data about our customers. Our legitimate interest is to understand the use of our service and demand for our product. Although this data set is aggregated and anonymous, meaning that it cannot identify you individually, it provides value in terms of your use of our website and may be shared with selected third parties. These third parties may include providers of plugins or similar technologies to help measure traffic; our partners and other providers to enable them to better store products.
5. TRANSFER OF YOUR PERSONAL DATA.
By using our Website and services, you acknowledge and agree that your personal information will be processed in Argentina and the United States.
To provide our website and services, we may transfer and store the personal information we collect about you at a destination outside of Argentina, mostly in the United States of America, as well as at one of our partners or one of the service providers we work with, as indicated below:
● We transfer personal information to one of our partners outside of Argentina, to the extent such transfer is necessary to complete the contract between you and the partner from which the products in your orders originate.
● When we transfer personal information to one of our service providers set out above, we rely on the adequacy of various measures, as indicated below:
- Adequacy decision: we transfer the personal data we collect about you to conduct fraud checks in Israel, which has been found to have an adequate level of personal data protection under Commission Decision 2011/61/EU of January 31, 2011.
- Model clauses: we rely on the Commission's model contracts for the transfer of personal data to third countries (such as standard contractual clauses).
6. COOKIES
We use cookie technology to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to authenticate the identity of the browser on each page. We use the following categories of cookies on our website:
Strictly necessary cookies: these cookies are essential, as they allow you to navigate through the website and use its functionalities. Without these cookies, the services you requested, such as remembering your login details or shopping bag items, would not be available. These cookies will also inform us, through your behavior on our website, whether we can do business with you and protect Jackie Smith and its customers from fraudulent activity.
Analytical cookies: these cookies collect anonymous information about how people use our website (for example, we use Google Analytics cookies to help us understand how customers arrive, search or use our site), as well as highlight areas where we can improve, such as navigation, shopping experience and marketing campaigns. The data collected by these cookies never show personal information and it will never be possible to establish your individual identity. They are also used to help measure the effectiveness of an advertising campaign. You can disable these cookies from your browser settings.
Functional cookies: these cookies store the selections you have made, such as the country from which you are visiting our website, language and search parameters such as size, color and product style. In so doing, they can be used to provide you with an experience more suited to your selections and to make your visit more enjoyable. The information contained in these cookies can be anonymous and cookies cannot track your activity on other websites. You can disable these cookies from your browser.
Targeting or advertising cookies: these cookies collect information about your browsing habits and limited aggregated demographic information, in order to manage advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement. Cookies are generally provided by an advertising company. They keep track of the websites you visit, and that information is shared with related parties, such as advertisers. For example, we use third-party companies to serve you more targeted ads when you visit other sites or applications. You can disable these cookies from your browser.
You can withdraw your consent to these cookies at any time through the following options:
● Google Analytics cookies on all websites: please visit Google Analytics Opt-out Browser Add-on.
● Any other type of cookies: you can clear your cookies through your browser settings.
Remember that even if you disable cookies, you will continue to receive online advertisements. This means that the company or companies where you have disabled this option will no longer place advertising tailored to your web preferences and usage patterns, so you will see a large number of ads that are irrelevant to you and your preferences.
7. SECURITY
Keeping you and your personal information secure is very important to us. That's why we try to protect them by following these steps:
● Using Secure Socket Layer ("SSL") encryption to help us encrypt the personal data you submit to us during the checkout process (including any financial information, such as credit or debit card details);
● By asking you for a password to access your Jackie Smith account on our Website;
● By deleting your credit or debit card details, to prevent third parties from being able to make a transaction using that card (such as your CVV number);
● Regularly monitoring our servers and IT systems for potential vulnerabilities and attacks.
Unfortunately, despite these precautions, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of your personal data transmitted to or through our website, so any transmission is at your own risk. In particular, please be aware that if you voluntarily submit personal information online in an unprotected environment (such as a message board, shopping list or chat areas), this information may be collected and used by others outside of our or your control.
ARTICLE 8 - HOW LONG WILL YOU USE MY INFORMATION?
We will keep the data you provide to us for as long as you hold your Jackie Smith account with us and thereafter for as long as you have any queries or complaints in relation to our services, plus any additional maintenance period we may be obliged to, in accordance with any legal requirements that apply to us. In some circumstances, you may ask us to delete your data as explained below. When you have finished using our services, we may store your information in an aggregated and anonymous format.
ARTICLE 9 - WHAT ARE MY PRIVACY RIGHTS?
You have certain rights in relation to the personal information we hold about you, which are set out below. Some of these rights only apply in certain circumstances. We will also tell you how to exercise these rights. Please note that we may ask to verify your identity before responding to any request to exercise your rights, and this may include asking you a series of security questions to make sure that it is you. When you ask someone else to make this request on your behalf, that person and/or organization will need to demonstrate a valid power of attorney from you. We must respond to your request to exercise these rights without delay and in at least one month (however, this may be extended to an additional two months in certain circumstances).
To exercise any of your rights, please complete the Form below.
● Access: you have the right to know whether we process your personal data and, if we do, to access the data we hold about you and certain information about how we use it and with whom we share it (such as the categories of personal data we share with companies for use in direct marketing and the names and addresses of those companies). Please note that in your Jackie Smith account dashboard you can view your information, primarily your account details (such as name, email), the addresses you use for billing and shipping, your order history, and your shopping preferences.
You may also request a copy of your information. If you request more than one copy of the information we have about you, we may require a reasonable administrative fee.
We may not give you certain personal information if doing so would interfere with other rights (for example, if it would cause us to disclose information about another person) or where other exceptions apply.
● Portability: you have the right to receive a subset of personal data that we collect about you in a structured, commonly used and readable format on any device, as well as the right to request that we transfer that information to a third party. The subset of personal data is information that you provide to us with your consent or for the purpose of maintaining our contract with you.
If you wish us to transfer this data to a third party, please be sure to detail this and note that we will only be able to do so where technically possible. We are not responsible for the security of this personal information or its processing once it is received by a third party. In addition, we may refuse to give you certain data if doing so would mean disclosing information about another person (for example, if this would cause us to disclose information about another person, as well as our trade secrets or intellectual property).
● Data correction: You have the right to correct any personal information we have about you that is inaccurate. You may request a correction by email. Please note that in some cases we may ask you to explain in detail why you believe the information is incorrect or incomplete so that we can assess whether a correction is necessary. It is also important for you to know that, even if we conclude that your personal data is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data, as described below.
● Deletion: You may request that we delete the personal data we hold about you in certain circumstances. Please scroll down to find out what these are:
- When you believe that it is no longer necessary for us to continue to hold your personal data;
- Where we are processing your personal data based on your consent and you wish to withdraw this consent and there is no other place under which we can process it;
- Where we are processing your personal data on the basis of our legitimate interests and you object to such processing. Please tell us in detail your reasons so that we can assess whether there is an overriding interest for us in retaining such information;
- When you do not want us to use your personal data to send you promotions or special offers;
- When you believe that your personal data has been unlawfully processed by us.
Furthermore, please note that you may exercise your right to restrict our processing of your data provided that we consider that your request complies with what is explained below.
Please provide as much detail as possible in your request to help us establish whether you have valid grounds for deletion. Please note that we may retain your personal data if there are strong legal grounds to do so (for example, for the defense of legal claims or freedom of expression). We will let you know if this is the case.
In the event that you have requested deletion of data we have made public and there are reasonable grounds to do so, we will take reasonable and necessary steps to tell those who are displaying this data or providing links to it that they should also delete it.
● Restriction of processing for storage only: you have the right to ask us to only process your personal data for storage purposes, in certain circumstances. Please note that if we stop processing such data, we may use it again if there are sound grounds in data protection law that allow us to do so (for example, for the defense of legal claims or for the protection of another person).
Please find below the cases in which you can request that we stop processing your information and only store it.
- When you believe that this personal data is not correct during the period it takes us to verify your claim;
- When we wish to delete the personal data, because the processing we are doing is not lawful, but you want us to keep this information for storage.
- When we wish to delete personal data, as it is no longer necessary for our purposes, but you request that it be stored for the establishment, exercise or defense of legal claims;
- When you have objected to us processing your personal data on the basis of your legitimate interest and you wish us to stop processing it while we determine whether there is any interest on our part in retaining it.
● Objection: at any time, you have the right to object to the processing of your information to send you promotions and special offers—which includes when we build profiles for such purposes—and we will stop processing that data for those purposes. You can do this by unsubscribing from the bottom of the emails you receive or by completing the Unsubscribe Form below.
Please note that you will continue receiving emails related to orders you place through our website, as well as updates to our Terms and Conditions and Privacy Policy.
You are also entitled to object to our processing of your data, and we will consider your request in other circumstances as set out below:
- When we are processing your data (including when the processing is for profile assessment) on the basis of the legitimate right of our related entities, and you object to that processing. Please provide us with your reasons in detail so that we can determine whether there is an overriding interest for us in continuing to process such data, or whether we need to do so because of a legal claim. You may also exercise your right to request that we stop processing your data while we make this assessment of our interests.
Withdrawal of consent: You may withdraw your consent at any time by unsubscribing at the bottom of any email you receive or by completing this Unsubscribe Form.
ARTICLE 10 - QUESTIONS AND CONCERNS
If you have any questions or concerns about this Privacy Policy, please contact us as follows:
● By sending us an email to customercareus@jackiesmith.com
ARTICLE 11 - UPDATES TO THIS POLICY
We may update this policy from time to time to reflect, for example, changes in our practices or for other operational, legal or regulatory reasons. Please remember to check these policies to keep track of our latest updates.