SECTION 1 - WHAT INFORMATION DO WE COLLECT AND HOW DO WE USE IT?
"Personal Information" is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, email address, postal address, phone number, IP address, and broader categories of information such as your professional information, commercial information, and Internet activity.
We may collect information about you (collectively, "Personal Information") when you visit our Website, register a user account, order our products, submit an application for credit, communicate with us online or offline, sign up to receive email, newsletters, or other communications from us, or otherwise voluntarily provide Personal Information to us. We may collect the following types of Personal Information about you:
- Contact information, such as your name, place of business, job title, postal address, email address, telephone number, mailing or shipping address, and any personal or business contact information you voluntarily provide to us;
- Payment information, such as your credit or debit card information if you voluntarily provide that information to us on our Website;
- Purchase information, such as the products and services you purchase or receive from us, the items in your shopping cart on our Website and any information we receive in connection with your orders;
- Credit application information, such as your business' name, contact information, entity type, owner(s) and officer(s), tax status, bank references, trade references, and other information you provide if and when your business applies for credit from us;
- Site usage information, including information we automatically about the devices you use to access our Website, your IP address, the type of Internet browser used to visit our Website, the areas of the Website you visited and the actions you performed, and information we collect using cookies and other tracking technologies; and
- Other information you choose to provide, such as when you participate in a survey, contest, promotion, request customer support, submit comments or questions regarding our products and services, or otherwise communicate with us.
How We Use Your Personal Information
Our team will use your information as is reasonably necessary to fulfill your order or respond to your inquiries or requests.
With your permission, we may send you emails about our website, new products and other updates.
We may share your information with:
- Third-party services, including suppliers and other service providers and vendors that perform tasks on our behalf, such as order and payment processing, order fulfillment and production, order shipping and delivery, invoicing or billing activities, data processing and storage, data security and marketing activities.
- Store Managers. If you are making a purchase from a company store managed by a Brilliant client (the "Store Manager"), we will disclose your name, contact information, and order details to that Store Manager as part of regular reporting. They may choose to market and offer products and services directly to you.
- Public and governmental authorities. We may share your Personal Information with entities that regulate or have jurisdiction over Brilliant, such as regulatory authorities, law enforcement, public bodies, and judicial bodies.
- Other third parties, as necessary. We may share your Personal Information with other third parties, as reasonably necessary. Examples include in relation to a merger, sale, acquisition, or other change of ownership or control; to comply with laws; and to comply with your request.
SECTION 2 - 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, and/or for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected]
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - PAYMENT INFORMATION
Your credit card data will never touch our servers. It will be routed directly to the servers of Stripe, our payment processor and gateway. It will be encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).
Unless you choose to save your credit card, 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 website and its service providers.
SECTION 5 - 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.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our website, 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 6 - 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.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
SECTION 8 - YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
As a user of our website, you have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing [email protected]
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing [email protected]
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing [email protected]om.
- Similarly, 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 affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
SECTION 9 - CALIFORNIA CONSUMERS
If you are a California consumer, you may have the right to request that we disclose what information we collect, use, disclose or sell about you, to access the specific pieces of information we hold about you, and/or request the deletion of any of your personal information we collect or maintain, subject to certain exceptions. Please email [email protected]
SECTION 10 - YOUR CHOICES
You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes.
SECTION 11 - 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.
If our company 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.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information feel free to email us at [email protected]
The data controller of your personal information is Brilliant Gifts LLC.