Privacy Policy

SECTION 1 –  SCOPE OF OUR PRIVACY POLICY

Our Privacy Policy explains how we gather information about you and how we may store, maintain and use that information.

 

SECTION 2 - WHEN DO WE COLLECT YOUR PERSONAL INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

 

SECTION 3 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. 

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@kawaiipenshop.com.

 

SECTION 4 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms & Conditions.

 

SECTION 5 – SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways 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 credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Policy.

 

SECTION 6 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. 

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms & Conditions. 

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

SECTION 7 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

  

SECTION 8 - COOKIES

A cookie is a small text file that is saved to, and, during subsequent visits, retrieved from your computer or mobile device. Kawaii Pen Shop uses cookies to enhance and simplify your visit. We do not use cookies to store personal information, or to disclose information to third parties. We use temporary (session cookies) to check whether you are logged in or if you put an item in your shopping bag. You can easily erase cookies from your computer or mobile device using your browser. For instructions on how to handle and delete cookies please look under "Help" in your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device. Please note that if you choose to disable cookies, you will not be able to take advantage of all our features.

Third-party cookies 

We use third-party cookies to collect statistics in aggregate form in analysis tools such as Google Analytics. The cookies used are both permanent and temporary cookies (session cookies). The permanent cookies are stored on your computer or mobile device for no longer than 24 months.

We also use third-party cookies for re-marketing through our website or other social media channels. Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this site and other sites that use Google advertising services. Any tracking done by Google through cookies and other mechanisms is subject to Google's own privacy policies. Information about how you can opt out of Google's use of cookies can be found by visiting Google's Ads Settings.

 

SECTION 9 - AGE OF CONSENT

By using this site, 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 site.

 

SECTION 10 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

SECTION 11 - ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

This section describes how we collect, use, process, and disclose personal information of California consumers and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by the California Consumer Privacy Act. We note that the definition of “personal information” in California is expanded to include information that identifies, relates to, or could reasonably be linked with a particular person or household.

To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section The Information We Collect above.

We collect this personal information, as further described in the How We Use Your Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may share such personal information with the third parties listed in the above section How we share your personal information. California law also requires that we provide you with information about certain disclosures to such third parties, where the disclosure involves monetary or other consideration. California treats these disclosures are “sales” of information, even where no money is exchanged. Some of the disclosures we make constitute “sales” under California law and involve the disclosure of the following types of personal information:

• Identifiers, such as contact information, IP address, and other online identifiers;
• Personal information, as defined in the California customer records law, such as contact information;
• Internet or network activity information, such as browsing history and interactions with our website; and
• Geolocation data, such as IP location.

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

We also disclose the following personal information to third parties for our operational “business purposes” as defined by California law:

Identifiers, such as name, contact information, IP address and other online identifiers;	Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights
Personal information, as defined in the California customer records law, such as name and contact information, and payment card number;	Service providers; Auditors, advisors, and financial institutions; Business reorganization; Group companies; Mandatory disclosures and legal rights
Characteristics of protected classifications under California or federal law, such as skin tone or color;	Service providers; Business reorganization; Group companies
Commercial information, such as transaction information and purchase history;	Service providers; Auditors, advisors, and financial institutions; Group companies; Business reorganization, Mandatory disclosures and legal rights
Internet or network activity information, such as browsing history and interactions with our website;	Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights
Geolocation data, such as IP location;	Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights
Electronic and similar information; and	Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights
Inferences drawn from any of the personal information listed above to create a profile about, for example, an individual’s preferences and characteristics.	Service providers; Business reorganization; Group companies; Mandatory disclosures and legal rights

 

Your Rights

You have a right to notice, upon collection, of the categories of personal information collected and for which purposes the data will be used. You have the right to access a copy of the categories and specific pieces of personal information that the company collects, uses, and shares about you, and the right to ask the company to delete/anonymize your personal information, with limited exceptions.  You also have the right to opt-out of the “sale” of your personal information. Finally, you have the right to be free from discrimination for exercising your rights.

You may exercise your right to opt-out of data “sales” by managing your preferences here

If you wish to exercise any of these other rights or have any questions or concerns regarding the processing of your personal information, please contact us at 1-718-210-6036 or email us at info@kawaiipenshop.com We will respond to your request consistent with applicable law.

Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. Where we possess appropriate information about you on file (e.g., name, phone number, email, or physical address), we will attempt to verify your identity using that information. We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.

To use an authorized agent to make a request on your behalf, you will need to directly confirm with us that you provided the authorized agent permission to submit the request, provide the company with signed permission for the authorized agent to act on your behalf, and you will need to verify your identity, directly with the company.

This CCPA Notice does not apply to our job applicants, employees, contractors, owners, directors, or officers where the personal information we collect about those individuals relates to their current, former, or potential role with us.

 

SECTION 12 - FOR OUR EUROPEAN USERS

International data transfer. 

We take steps to ensure that we handle your personal information subject to appropriate safeguards. As a US company, most of our operations are conducted in the United States and in order to provide the Site, personal information may be processed in the United States and Canada, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. Where required by such laws, you may request a copy of the suitable safeguards we have in place by contacting us as detailed below.

Retention of your personal information. 

We typically retain personal information related to marketing activities for as long as you accept marketing communications from us, and no longer than six [6] years from your last contact with us. In any event, upon request, we will securely delete such data in accordance with applicable law.  For personal information that we collect and process for other purposes, as described above, we typically retain such personal information for no longer than the period necessary to fulfill the purposes outlined in this Privacy Policy, and as otherwise needed to address tax, corporate, compliance, employment, litigation, and other legal rights and obligations. 

Lawful bases for handling your data. 

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the section above, How We Use Your Personal Information, including: (i) as may be necessary to perform a contract (such as when you choose to purchase ColourPop products); (ii) as necessary to comply with a legal obligation (such as when we use personal information for recordkeeping to substantiate tax liability); (iii) consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or certain cookies); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Site).

Automated decision-making.

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights

To the extent required under applicable law, you have the right of:

• Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
• Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
• Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
• Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it. 
• Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
• Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation (e.g., direct marketing).  We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
• Withdrawing Consent.  If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at info@kawaiipenshop.com with the subject line “Privacy” so that we can get your email to the right team, or log-in to your account. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

More on the right to object

You may exercise your right to object to us using or processing your information for direct marketing purposes by: clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link.

For more information on how to object to our use of information collected from cookies and similar technologies, please see the section entitled How to accept or reject cookies in our cookies policy, which is available here: https://kawaiipenshop.com/pages/privacy-policy or manage your settings below.

SECTION 14 - CONTACT INFORMATION

If you would like to contact us in relation to this Privacy Policy, data protection or your personal information please contact us at info@kawaiipenshop.com. 

This Privacy Policy is current at the date below. We may update our Privacy Policy from time to time. Please contact us using the contact information above if you would like an updated version of our Privacy Policy.