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.
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.
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.
|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).
|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.
|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.
|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.
|To enable you to take part in a competition, event, survey, or receive a reward for shopping with us.
|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.
|To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided.
|To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences;
|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.
|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.
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.
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
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
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.
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.
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.
By “Opting In” to or using a MARQ Labs “Text Message Service” (both terms defined below), you accept these Terms & Conditions and agree to resolve disputes with MARQ Labs through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” section below.
By Opting In to a Text Message Service:
- You authorize MARQ Labs to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You also authorize MARQ Labs to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
- You are signing your Opt-In to the Text Message Service.
- You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
- You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please call 1 (800) 914- 3880. To view and retain an electronic copy of these Terms & Conditions or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
About the Text Message Services and Opting Out
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. MARQ Labs may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. For services operated through 1 (833) 958-3255, you can get help by texting HELP to 1 (833) 958-3255, and you can opt out by texting STOP to 1 (833) 958-3255. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
Any dispute or claim arising out of or relating in any way to a Text Message Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on our registered agent. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will not reimburse any such fees and not any attorney’s fees for any claims. Should the arbitrator determine your claims are frivolous, you agree to reimburse MARQ Labs for any costs, fees and attorney’s fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location. We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TENNESSEE), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST MARQ Labs ARISING OUT OF OR RELATING IN ANY WAY TO ANY MARQ LABS TEXT MESSAGE SERVICE.
The 1 (833) 958-3255 short code we use for some Text Message Services is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. MARQ Labs and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.
- “Text Message Service” includes any arrangement or situation in which MARQ Labs sends (or indicates that it may send, or receives a request that it send) one or more text messages.
- “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
10. 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.
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.
12. 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 firstname.lastname@example.org
Marque of Brands Americas LLC
291 Edgewood Street