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Privacy Policy

Privacy Policy
Last updated: September 17, 2021

This Privacy Policy applies to all end users (‘you” or “your” or “End User”) of the Vanilla Sky website (“Website”). This Privacy Policy describes the information we collect, how we use and share that information, and your rights and options. 

Your privacy is important to us. Please read this Privacy Policy carefully before using the website, purchasing products and/or participating in any services and benefits offered through the Website.   This Privacy Policy is incorporated into and accepted with our Website Terms of Use.

AFFIRMATIVE CONSENT
By using the website in any manner, you are accepting the terms and conditions in this Privacy Policy and our Website Terms of Use, and you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

The Website is owned by and made available to you by Vanilla Sky, (also referred to as “we” or “us” or “our”). Vanilla Sky is owned by V Sky LLC. located at the address 5601 West Side Ave. North Bergen, NJ 07047.

For the purposes of data protection laws under the EU, including the EU General Data Protection Regulation 2016/679 (GDPR), and/or any equivalent data protection laws, we are a “data controller” and you are the “data subject” (an identified or identifiable natural person). As the data controller, we retain control over, and are responsible for, all personal data collected on this Website and must ensure that we use personal data in compliance with data protection laws. Under the GDPR, “personal data” means any information relating to data subject that can be used to identify (directly or indirectly) the data subject, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that data subject.

For purposes of the California Consumer Privacy Act, California Civil Code Section § 1798.83 (CCPA), “personal information” means 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. If you are a resident of California and you purchase products or services through our Website and disclose your Personal Information, you are a “consumer” under the CCPA with certain privacy rights that are further described in this Privacy Policy under “YOUR CALIFORNIA PRIVACY RIGHTS

Where referenced in this Privacy Policy, “Personal Information” means all information that fits within the definitions of personal data under the GDPR and personal information under the CCPA.

The term “Non-Personal Information” may include, without limitation, your IP address, browser type and language, operating system, access times, and the referring IP address and cannot be used to identify you as a natural person.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.


THE TYPE OF INFORMATION WE COLLECT AND HOW WE COLLECT IT

Information You Provide to Us
In order to purchase products or services or participate in any of our offers, promotions, personal shopping appointments, trunk shows, or other benefits (the “Rewards Program”), you must create a user account and register as a Rewards Member. You are not required to create a user account to enjoy use of our Website. If you create a user account, you must provide certain Personal Information, including your first name, last name, date of birth, and email address. If you purchase products, you will be directed to the website page of one of our third party payment processors where you will be required to provide credit card numbers and their expiration dates. Please see “HOW WE PROTECT YOUR PERSONAL INFORMATION” [make this a live link] for more information. You understand and agree that if you share your Personal Information with us for the foregoing purposes that you are doing so voluntarily pursuant to the terms of this Privacy Policy. You may also provide us your Personal Information when reporting a problem with this Website, a purchase, to participate in a promotion or survey, or to request technical support.

Information Automatically Collected
We automatically collect certain Non-Personal Information from your browser when you use or access the Website.

Cookies and Use of Cookie Data
When you use or access the Website, we (or the analytics technologies we use) may assign your browser or device one or more cookies to facilitate access to the Website and to personalize your experience. A cookie is a small file placed on your browser or device. Through the use of a cookie, we may automatically collect information about your activity on the Website, such as the pages you visit, the time and date of your visits and the links you click. We may include advertisements on our Website for third party products and services and may use cookies to collect data from End Users who respond to third party advertisements. It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or device; however, if you select this setting you may be unable to access certain parts of the Website may not function completely and your ability to participate in Rewards Member offers and services may be limited.

We use various technologies (for example, clear gifs or web beacons) to collect information about your activities on our Website. 

Information from Other Sources
We may obtain both Personal Information and Non-Personal Information about you from business partners, other third parties, social media forums and networks, traditional media, co-op agreements, and commonly used product and available analytics that gather information. A “social media forum or network” means any website or any social network website through which an End User can log in or create an account to use the service offered on that site, including, our Facebook Fan Page – a public profile named MadRag specifically created by us on the Facebook social network, accessible from https://www.facebook.com/vanillaskystores.

We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on the Website. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. We do not provide any Non-Personal Information to third parties. 

Information from Transmitted Data
When you transmit data through the Website, this content may be sent to servers located in the United States and other countries. If you contact us with a customer service or other inquiry, then you provide us with the data from that communication, and you are authorizing us to gather, parse and retain that data pursuant to the privacy laws of that jurisdiction which will include the GDPR or comparable laws. 

HOW WE USE THE INFORMATION WE COLLECT

We will only use your Personal Information for lawful purposes in compliance with the privacy laws that apply to you. Lawful uses of your Personal Information may include any or all of the following:

  • • Allow you to register as a Rewards Member and provide you with access to our offers, promotions, personal shopping appointments, trunk shows, or other benefits;
  • • Manage your user account and provide you with customer support;
  • • Perform research and analysis about your experiences as a Rewards Member and/or your interest in, Vanilla Sky, MadRag, or third party products, services, or content;
  • • Communicate with you about products or services that may be of interest to you either from us or other third parties;
  • • Develop, display, and track content and advertising tailored to your interests on the Website, related sites, or third party sites, including displaying our advertisements to you when you visit other sites;
  • • Analyze Website statistics and performance;
  • • Enforce or exercise any rights in our Website Terms of Use;
  • • Administer our business in the most efficient manner;
  • • Maintain compliance with our internal policies and procedures; and
  • • Update security offerings and/or provide you updated information on network security. 

HOW WE USE YOUR CONTACT INFORMATION – CONSENT TO USE
If you provide us with your email address and/or phone number, you agree to receive email messages to that email address from us and text messages to that phone number from us. We may use your contact information to send you information about our products and services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your account, including through third-party services and client applications. You agree to keep your contact information up to date and accurate. You may control notifications you receive from us. 

WITH WHOM WE SHARE YOUR INFORMATION

Service Providers 

We will share your Personal Information with KWI Unified Commerce platform (the “KWI”). KWI hosts our platform at https://www.kwi.com/ and provides us with the online e-commerce Platform that allows us to sell our products and services to you. We also use third parties to process orders and collect payments on our behalf. Please see “HOW WE PROTECT YOUR PERSONAL INFORMATION” for details. Where necessary, we may share your Personal Information with other third parties from time to time in order to run our business operations and to enable us to provide certain services to you. Third party services may include customer service and marketing assistance, business and sales analysis, ad tracking and analytics, and supporting Website features and functionality. These third party service providers may have access to your Personal Information if needed to perform their functions but are not permitted to share or use your Personal Information for any other purposes. If certain uses of your Personal Information require your consent and you do not consent to our processing your Personal Information for those purposes, then the Website and certain benefits of the Rewards Program may not be available to you.

We will not share your Personal Information with third parties unless they are providing services to you or to us as part of our business operations. If we need to share your Personal Information for any reason outside the scope of this Privacy Policy, we will provide you with advance notice and allow you an opportunity to opt-out of having your Personal Information shared under those circumstances unless we are required to share the information under “Lawful Disclosuresas set forth below. Note, however, that if you opt-out of allowing us to use your Personal Information or Non-Personal Information as described in this Privacy Policy, then the Website and certain benefits of the Rewards Program may not be available to you.

Lawful Disclosures

We may disclose your Personal Information under one or more of the following lawful circumstances:

  • • To perform our contractual obligations to you;
  • • We have obtained your consent to disclose your Personal Information for a specific purpose;
  • • In response to a subpoena or similar investigative demand, a court order, a regulatory obligation, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law, and in such cases, we may raise or waive any legal objection or right available to us;
  • • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website Terms of Use or other agreements or policies; and
  • • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Aggregated and/or Non-Personal Information

We may use and share Non-Personal Information for the lawful purposes listed above. In addition, we may share Non-Personal Information for the following purposes:

  • • Share with our wholly-owned subsidiaries and third parties to develop and deliver targeted advertising on our Website, our affiliated websites, and/or for third party websites;
  • • Combine Non-Personal Information we collect from End Users with Non-Personal Information collected from other sources (E.g., a social media forum or network) or third parties;
  • • Share aggregated, Non-Personal Information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting business analysis, behavioral analysis, and general research and development;
  • • Ongoing review and improvement of our Website, products, services, and the Rewards Program; and
  • • Technical analysis and statistical monitoring for security purposes.

LINKS TO THIRD PARTY WEBSITES
There may be links on our Website that allow you to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on the website, you may be taken to a website that we do not control. These third party websites may independently solicit and collect information, including Personal Information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.

YOUR CHOICES REGARDING COLLECTION AND USE OF YOUR INFORMATION

Contact Us
You may contact us at customerservice@vanillasky.com if you have questions about how we collect, use or retain any of your Personal Information or Non-Personal Information. You may also contact us to change, correct and/or update any of your information.

Right to Opt-Out
In order to purchase products or services from our Website and participate as a Rewards Member, you must allow us to share your Personal Information with certain third parties. You will receive notices from us and our third party providers in connection with products, services, and the Rewards Program. You may request that we cease using certain forms of communication when contacting you (e.g., mail, text, or phone) and you may allocate how we contact you for different purposes (e.g., marketing and promotional purposes, performance, and for notices regarding changes to the system or updates to this Privacy Policy or our Terms and Conditions). 

You may unsubscribe from receiving notices from third parties by following the instructions contained within the notification you receive from those third parties. 

Right to Refuse Information
You may choose not to provide us with certain information, but that may result in you being unable to use certain features of the Website and/or participating in the Rewards Program. 

You may request that we cease sharing your Personal Information with unaffiliated third parties and/or opt out of certain communications you receive from us by notifying us at customerservice@vanillaksy.com.

You can also control information collected by cookies. You can delete or decline cookies by changing your browser or device settings. Click “help” in the toolbar of most browsers for instructions.

HOW WE PROTECT YOUR PERSONAL INFORMATION 

We have implemented industry recognized security measures to help safeguard your personal information from unauthorized access and disclosure. We use industry standard multi-layer protections and two-factor authentication processes. We limit access to your Personal Information to only those individuals having a need to know that information in order to perform our or their obligations to you. We limit and secure access to our production environment to one officer and administrator who are employed by us.

We use third party service providers to process orders and payments made through the Website. We will not store or collect your payment card details. That information is provided directly by you to our third party payment processors whose use of your Personal Information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Our current payment processor is Verifone, Inc. whose privacy policy may be viewed at https://www.verifone.com/en/us/legal

No system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your Personal Information or other communications will always remain secure. Users should also take care with how they handle and disclose their Personal Information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

CHILDREN’S ONLINE PRIVACY
We restrict the use of the Website to individuals aged 18 and above. We do not knowingly collect or maintain information from children under aged 18. This Website is not designed for or intended to be attractive to children. If you believe we might have any information from or about a child under 18, please contact us at customerservice@vanillasky.com.

NO RIGHTS OF THIRD PARTIES
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any Personal Information relating to users of the Website.

CHANGES TO THIS PRIVACY POLICY
We will occasionally update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our website, mobile app, or web app, or advances in technology. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy, which will be posted on the website, mobile app, or web app, and you should regularly check for the most recent version, which is the version that applies. Please review the changes carefully. Your continued use of the Website after we have posted changes to this Privacy Policy will mean you consent to and accept those changes. If you do not consent to such changes you may not use the Website or related products, services, or Rewards Member offers and promotions.

YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident and consumer, the CCPA applies to you. The CCPA permits consumers that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. Under the CCPA, we must identify in this Privacy Policy, for the most recent 12 month period, (1) the types of Personal Information we have collected about you, (2) the sources from which your Personal Information was collected, (3) the business purpose(s) for which we collected your Personal Information, and (4) the third parties with whom we have shared your Personal Information. This information has been expressly stated throughout this Privacy Policy. We will update this Privacy Policy once every twelve months to reflect any changes to the foregoing information. 

If you are a California resident and consumer, you may request that we provide you with records of the above information for the most recent 12 month period) by contacting us at customerservice@vanillasky.com or (800) 379-7100. In addition, In you may request that we disclose how we have applied your Personal Information to each of the above four collection and use scenarios by emailing or calling us at: the above website or phone number. We will respond to your request without cost to you within 45 days of any verifiable request, provided, that we reserve the right to extend this period for an additional 45 days if necessary to verify your information and the veracity of your request. We will notify you of any such extension prior to the end of the initial 45-day period. The information will be provided to you at no cost either by mail or electronically.


YOUR GDPR PRIVACY RIGHTS
If you are a resident of the EU, the GDPR applies to you. Your rights under the GDPR include:
  • • The right to access certain Personal Information we maintain about you and to obtain a copy of that Personal Information;
  • • Update or correct inaccuracies in that Personal Information;
  • • Object to our use of your Personal Information;
  • • Block or delete your Personal Information from our Website;
  • • Object to our processing your Personal Information;
  • • Request that we restrict processing your Personal Information; or
  • • request portability of your personal information.
If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not be applied to any processing of your Personal Information that we conducted prior to your withdrawal, nor will it affect our processing of your Personal Information in reliance on our rights under the “Lawful Disclosures” section of this Privacy Policy.

To learn more about your rights under the GDPR, please go to https://gdpr-info.eu/. To exercise your rights under the GDPR, if applicable to our Website, please contact us at customerservice@vanillasky.com

RETENTION OF YOUR PERSONAL INFORMATION
We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Information 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. We will retain Non-Personal Information for internal analysis purposes and to comply with applicable laws.

GOVERNING LAW
Any claim relating to this Privacy Policy are governed by and construed in accordance with the laws of the State of New York (regardless of the laws that might be applicable under principles of conflicts of law).
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