Privacy Policy

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Privacy policy for
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  1. Introduction
  2. What Information is Being Collected?
  3. How and why are we using this data?
  4. How is it collected?
  5. How is your data stored and protected?
  6. How long do we store your data for?
  7. How is your data shared?
  8. Social media, Cookies and online advertising
  9. For California Residents
  10. Changes
  11. Contact Us

1. Introduction

This Privacy Policy sets out how personal information and data may be collected, used, shared and processed by Marque Of Brands Americas LLC, of 291 Edgewood Street, Alexandria, TN, 37012, USA, when using the following websites that are owned and controlled by MARQ Labs:

By using the Sites, registering with us, interacting with us on our relevant Social Media and purchasing Items from – outlets and Third Party Platforms you are accepting and consenting to the terms of this policy.

This Privacy Policy does not apply to the practices of third parties. In this Privacy Policy, “MARQ Labs,”“we,” “us,” “our,” and other similar references mean Marque of Brands, “you” and “your” and other similar references mean any user of the Service, and “MARQ Labs Affiliates” means any parent, subsidiary, member, officer, director, employee, agent, or contractor of MARQ Labs or any entity under common control with MARQ Labs.

We take our customers privacy seriously and we will only collect and use your personal information in accordance with your rights under the relevant privacy and personal data laws of the United States of America and the The Privacy Act of Canada (collectively, Privacy Laws). We ensure that we will take all necessary and reasonable steps to comply with the relevant Privacy Laws and to deal with inquiries or complaints from individuals about compliance with the relevant Privacy Laws.

2. What Information is Being Collected?

MARQ Labs collects personal information about you whenever you shop with us or use our services. Some of this information you give to us directly when, for example, you place an order on one of our websites which allows us to perform our duty to you and ensure a better, personalised experience.

Personal data means any information about an individual from which that person can be identified. It does not include anonymised data, where the identity and identifying information has been removed.

The following groups of personal data are collected:

  • Identity Data includes information such as: first name, last name, title, date of birth (optional), occupation, personal description, photo and gender.
  • Contact Data includes information such as: email address, billing address, delivery address, location, country, telephone number, loyalty programme membership number, and social media id (if you log in by social media).
  • Financial Data includes information such as: payment card details and bank account.
  • Transaction Data includes information such as: details of your purchases and the fulfilment of your orders (such as basket number, order number, subtotal, title, currency, discounts, shipping, number of items, product number, single item price, category, tax etc.); payments to and from you and details of other products and services you have obtained from us, correspondence or communications with you in respect of your orders, and details of any rewards and bonuses awarded.
  • Technical Data includes information such as: details of the device(s) you use to access our services, your internet protocol (IP) address, login data, your username and password, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
  • Profile Data includes information such as: purchases or orders made by you, product and style interests, preferences, feedback, and survey responses.
  • Usage Data includes information such as: how and when you use our website/app, how you moved around it, what you searched for; website/app performance statistics, traffic, location, weblogs and other communication data; loyalty programme activities; and details of any other MARQ Labs products and services used by you.
  • Marketing and Communications Data includes information such as: your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

3. How and why are we using this data?

We will only collect and use your personal data for the following purposes, to:

  • Provide, improve, and develop our products and services
  • Communicate with you
  • Offer and measure targeted advertisements and services
  • Promote safety and security

We will only collect and process your personal data where we have a legal basis to do so which varies depending on the manner and purpose for which we collected it.

We will only collect personal data from you when:

  • we have your consent to do so, or
  • we need your personal data to perform a contract with you. For example, to process a payment from you, fulfil your order or provide customer support connected with an order, or
  • the processing is in our legitimate interests and not overridden by your rights, or
  • we have a legal obligation to collect or disclose personal data from you.

 

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To create an account and register you as a new customer (either directly or via social media).
  • Identity
  • Contact
  • Performance of a contract with you
To process and deliver your order including: recording your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us; and assist fraud prevention and detection.
  • Identity
  • Contact
  • Financial
  • Transaction
  • Performance of a contract with you
  • Necessary for our legitimate interests (e.g. to recover debts due to us)
To process and deliver your order including: recording your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us; and assist fraud prevention and detection.
  • Identity
  • Contact
  • Financial
  • Transaction
  • Performance of a contract with you
  • Necessary for our legitimate interests (e.g. to recover debts due to us)
To manage our relationship with you, including: providing you with any information, products and services that you request from us; notifying you about changes to our services, terms and conditions or privacy notice; asking you to leave a review or take a survey.
  • Identity
  • Contact
  • Profile
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary for our legitimate interests (to keep our records updated and to study how customers use our products and services)
To enable you to take part in a competition, event, survey, or receive a reward for shopping with us.
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business)
  • Where you have decided to enter into a competition or event, for the performance of a contract with you
To administer, protect and improve our business and our website/app, including: troubleshooting, data analysis, testing, system maintenance, support, data analysis, reporting and hosting of data; setting default options for you, such as language and currency.
  • Identity
  • Contact
  • Profile
  • Technical
  • Transaction
  • Marketing and Communications
  • Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, and to detect and prevent fraud)
  • Necessary to comply with a legal obligation
To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided.
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Technical
  • Necessary for our legitimate interests (to study how customers use our products and services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences;

 

  • Technical
  • Usage
  • Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To recommend products, services discounts and offers that may be of interest to you, including to send you such information by email, post or SMS.
  • Identity
  • Contact
  • Technical
  • Usage
  • Profile
  • Marketing and Communications
  • Necessary for our legitimate interests (to develop our products and services and grow our business) or
  • Consent
To inform or remind you by email of any task carried out via our website which remains uncompleted, such as incomplete orders or abandoned baskets.
  • Identity
  • Contact
  • Usage
  • Necessary for our legitimate interests (to improve the shopping experience of our customers)

 

4. How is it collected?

MARQ Labs may collect personal data in the below ways:

  • Direct interactions
    Sometimes you will directly provide us with your personal information in using our Services and Sites. For example, we often ask your name, email address if you sign up with us or enter a competition with us; we ask for your payment and shipping details to fulfil your orders when a purchase is made; or the information you provide when you contact us with an enquiry or feedback.
  • Automatic
    Some data is automatically collected when you visit our Sites or use our Services. For example, we collect information on how often you use the Services, the pages you visit, the links you click, how you have accessed our Sites and Services (including browser and device information) and the items you have put into your shopping cart. We may also collect your location data (as indicated by an Internet Protocol [IP] address).
  • Third parties
    We may also receive data from our third-party partners and service providers to analyze how users use our Sites and Services. We use this aggregated information to better understand and optimize our Sites and Services for a better user experience.

5. How is your data stored and protected?

MARQ Labs ensures that all information collected will be safely and securely stored.

We have appropriate organisational safeguards and security measures in place to protect your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

The communication between your browser and our websites uses a secure encrypted connection wherever your personal data is involved. We encrypt your data and store it on secure servers hidden behind a firewall.

We require any third party who is contracted to process your personal data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law.

In the unfortunate event of a personal data breach, we will notify you and any applicable regulator when we are legally required to do so.

6. How long do we store your data for?

We will retain your personal data for no longer than is necessary for the purpose(s) it was provided and collected for and to meet our legal obligations. Further details of the periods for which we retain data are available on request via the contact details provided below.

7. How is your data shared?

We may disclose and share your personal data with the parties set out below:

  • where you have consented for us to do so. For example, if you have consented to receive marketing materials from third parties, or in respect of third parties’ (including co-branded or jointly promoted) products and services, we may pass your data on to the relevant third parties for the purpose of sending you such marketing communications;
  • to business partners, suppliers, subcontractors and other third parties that we use in connection with the running of our business for the purposes set out in the table above in the section ‘How and why are we using your data?’, such as:
    • third party service providers that we engage to provide IT systems and software, and to host our website;
    • third party payment processing services  to process your payment to us. MARQ Labs does not store your payment information. Your payment details are provided to the payment processing service you have selected, who are compliant with necessary regulations;
    • third party service providers that we engage to deliver goods you have ordered;
    • third party service providers that we engage to send emails and postal mail on our behalf including in relation to incomplete orders or abandoned baskets, or marketing communications, to provide data cleansing services and to provide marketing and advertising services;
    • analytics and search engine providers that assist us in the improvement and optimisation of our website;
    • affiliate networks through whom you have accessed our website;
  • to any third party to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
  • to protect our customers and websites from fraud and theft, we may share personal data that is required to make identity checks and personal data that we obtain from making identity checks (including data relating to your age, name and location), together with account information, with organisations (including law enforcement agencies), involved in fraud prevention and detection and credit risk reduction. Please note that these third parties may retain a record of the information that we provide to them for this purpose;
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or
  • to our professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  •  The personal data we collect from you may be transferred to, stored at, or processed by staff operating in destinations outside the Australian and New Zealand regions using legally-provided mechanisms to lawfully transfer data across borders. We will take all steps necessary to ensure that your data is treated securely and in accordance with this privacy notice

Children

While our websites are designed for a general audience, we will not knowingly collect any data from children under the age of 18 or sell products to children. If you are under the age of 18, you are not permitted to use or submit your data to the website.

If we learn that we have collected the personal data of a child under 18, or the equivalent minimum age depending on the jurisdiction, we will take steps to delete the data as soon as possible. Please immediately contact us if you become aware that a child under 18 has provided us with personal data.

8. Social media, Cookies and online advertising

Social Media

By interacting with us on the Social Media (including without limitation following us on the Social Media, “liking”, “mentioning”, “tagging”, writing a comment in relation to a page on the Social Media) (“Interacting” or “Interaction” (as applicable)) you are consenting to our interaction with you on the Social Media and the processing of your information accessed on the Social Media. The information about you that may be collected when you Interact with us on the Social Media may include without limitation your name, your user profile, your age, your preferences, choices and viewpoints with regards to the topic or subject matter of the relevant Social Media page, your photos and other images and your videos. Your Interaction with us on the Social Media may also involve you submitting a photo or video of you (“Your Image”). By Interacting with us on the Social Media you consent to us using Your Image for the purposes described when Your Image was requested or as described on the relevant Social Media page.

Please let us know if at any time you wish us to stop interacting with you on the Social Media or using any of your information on the Social Media by contacting us at the details set out below. By Interacting with us (whether on the Sites, Social Media or otherwise) you consent and grant to MARQ Labs a perpetual, worldwide, royalty-free license to use Your Image and Contributions for the purposes of promoting, advertising and endorsing MARQ Labs’ goods and services, including without limitation for the purposes of your participation in any promotional activity for the same, and in any media including without limitation television, Social Media, on our Sites, in print and outdoor advertising materials. We may want to use Your Image and Contributions for additional purposes which will be detailed when we collect Your Image and/or in any promotional terms and conditions which will be featured on our Promotions Terms page.

Cookies

“Cookies” are small files used to store information and receive identifiers on web browsers on computers, phones, and other devices. We use cookies to provide, protect, and improve our products and services, such as by personalizing content, offering and measuring advertisements, understanding user behaviour, and providing a safer experience for our customers.

By using the website and services provided by MARQ Labs, you agree to us placing cookies on your device and accessing the information stored within these cookies when you visit or use our services in the future.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

Online Advertising

We use online advertising to keep you aware of what we’re up to and to help you find our products. Like many companies, we may target banners and ads to you when you use other websites and apps, based on your Contact, Technical, Usage and Profile Data. We do this using a variety of digital marketing networks and ad exchanges, and a range of advertising technologies such as web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience Service.

The Digital Advertising Alliance (which includes companies such as Google, Responsys and Facebook) provides a tool called WebChoices that can perform a quick scan of your computer or mobile devices, find out which participating companies have enabled customised ads for your browser, and adjust your browser preferences accordingly.

9. For California Residents

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), MARQ Labs are providing the following details regarding the categories of Personal Information about California residents that we have collected or disclosed within the preceding 12 months for which business purposes and the rights that you have in regard to this information. Please note that because this list is comprehensive, it may refer to types of information that we collect and share about people other than you. 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.

Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular California resident or household.

  • For more details about the personal information we have collected over the last 12 months, please see the “What information is being collected?” section above.
  • For the business purposes the collection of this data fulfills and how we have collected it, please see the “How and why are we using this data?” and “How is it being collected?” sections above
  • For information on when we may disclose or share your personal data, please see the “How is your data shared?” section above.

Please note that we do not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). We do use third-party cookies for our advertising purposes as further described in the “Social media, Cookies and online advertising” section above.

If you are a California resident, under the CPPA, you have the following rights (subject to applicable legal restrictions):

  • To request the categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
  • To request the specific pieces of Personal Information we collected about you;
  • To request the business or commercial purpose for collecting or selling (if applicable) Personal Information about you;
  • To request the categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable);
  • To correct your Personal Information we have collected;
  • To delete your Personal Information we have collected;
  • To opt out of any “sales” that may occur; and
  • To not be discriminated against for exercising these rights.

California residents may make a request pursuant to their rights under the CCPA by contacting us at us.contact@marqgroup.com or via our Contact Form.

10. Changes

We may periodically update this policy for reasons such as regulatory requirements, updating technologies and industry practices. Any minor and non-material changes will take effect immediately upon posting of the Policy. We will notify you about significant changes by sending a notice to the primary email address specified in your primary account holder account or by placing a notice on our site.

Your continued use of our services after the effective date of the Privacy Policy means that you accept and agree to the changes to the Policy.

11. Contact Us

Please contact us if you have:

  • Any questions or feedback in regard to this Policy and/or its implementation
  • If you would like us to stop using your information
  • If you would like to exercise any of your rights detailed above

Please don’t hesitate to contact us if you have any questions or feedback in regard to this Policy via us.contact@marqgroup.com

This privacy policy was last updated on 1 July 2020.

Marque of Brands Americas LLC
291 Edgewood Street
Alexandria TN
37012
USA

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