Politique de confidentialit et de cookies

Welcome to ARK Crystal

ARK Crystal LLC, a California corporation (“ARK Crystal”, “we”, “our”, “us”) with principal offices at 1001 Avenida Pico St. , C 304, San Clemente, CA 92673 USA and privacy contact email support@arkcrystals.com, operates the websites located at the URL ARKCrystals.com referred to together in this Privacy Policy as the “Website”).

Effective date: September 25, 2020

Scope of Policy

This Privacy Policy explains how we collect, use, disclose and manage your personal information that you provide to us when using the Website or otherwise, as well as our privacy practices. This Privacy Policy applies, without limitation, to any individual or entity that (i) uses the Website, (ii) creates an Account (as defined in our Terms of Service), or (iii) otherwise provides any personal information to us.

WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH ARK CRYSTAL. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.

The Website contains links to other websites. This Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties have their own privacy policies and you should review those privacy policies to determine their privacy practices.

Information Collected

We collect the following information:

• Contact and Account Information: Your name, addresses, telephone numbers, email addresses, date of birth, username, password and any other contact and/or Account information that you provide us either through our Website, our events or in-store;
• Service Provider Information: Information about the mobile or internet service provider you are using with your device to access the Website and/or send us messages. , including name and the
• Messages: The date, time and content of any messages you send to us;
• Payment Information: Credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes;
• Technical Information:
• IP address and other technical information collected from the servers utilized by you or your vendors, such as information and data that is automatically collected upon visiting the Website (i.e., webpage http headers (home server domain names, internet protocol address, operating system type, browser type and language) and information on what pages you access on and other information about the way(s) in which you use the Website).
• Information provided on any application (including the App) or authorization, such as your location, your handset type, your UDID (unique handset code) and any other information you or your mobile device provides to us;
• Other: Other information you provide to us when you use the Website or otherwise interact with us.
• Information listed above which we aggregate and/or anonymize so that it is not linked to you.

How Information is Collected

We collect information through one or more of the following ways:

• the completion of electronic forms found on the Website or on a third party-hosted website, whether via computer or mobile device;
• the completion of paper forms provided to us;
• SMS (Short Message Service) messages sent via cell phone, or through email and other communications;
• telephone calls made to us, or vice versa;
• surveys;
• referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube, Google+ and others including by virtue of advertisements placed by us on websites maintained by those third parties;
• our affiliates such as ARK Crystal LLC Limited;
• the maintenance and analysis of Website server logs;
• events that we host or by visiting our stores; and
• “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means. See “Use of Web Technologies” Section below.

Location information: We collect information about your location based on:

• derivations made from the IP address from which you connect; and
• if you consent (by accepting on your mobile operating system), the Global Positioning System (GPS) of your device when the App is running in the foreground (together, “Location Information”).

We (and our service providers) use your Location Information to provide you with customised nearby services or value-added services (including marketing) that we think you’d like. Where possible, we may also use Location Information to enhance or localise content and services that you use. If you do not wish to share your GPS location with us, you can switch off GPS functionality on your mobile device. If you otherwise wish to withdraw you consent to us using cell ID data and GPS data, email us at support@arkcrystals.com.

Certain portions of the Website require that you register for an Account before being able to access them. On those portions of the Website that require registration, we collect information to create your account, as well as to determine specific content, products and services that will be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.

Use of Information Collected

We use the information we collect:

• to identify the parties with whom we are dealing and to provide customized information and offers of products and services, including to enable third party services to display customized content and advertising provided by us.
• to manage and communicate with you about your account with us.
• for the purposes of fulfilling orders for products or services placed by you.
• for statistical purposes.
• to provide information about our company such as newsletters or other communications, and to deliver advertising and promotional information from our partners and third party vendors.
• to improve our technologies including for the purpose of enhancing your experience on the Website
• to provide marketing messages, promotions, offers of products and services and other content which we think will be of specific interest to you, where you have consented (or not opted out, as applicable).

We store or transfer your credit/debit card data in order to more easily provide services to you. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions.

Where you have consented (or not opted out, as applicable), we add your information to our databases to contact you through future emails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We do not currently use geolocation for purposes of tracking your location when you use the Website, but we reserve the right to do so in the future in order to better target product and service offerings and other information to you.

When you sign up for an account with us, we will send you a welcome email. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your account. In addition, when you register an Account with us, you can consent to our contacting you by email and to receiving our email subscriptions, editorial emails and advertorial emails (see below) from us. If, at any time, you no longer want us to contact you by email and/or receive our email subscriptions, editorial emails and advertorial emails, you can opt out of these functions by changing the preferences in your Account. You can contact customer service by email, telephone or postal mail at the contact information listed below to assist you with any such changes to your Account.

If you have an Account with us, then from time to time, and in addition to emails or email subscriptions sent by us, we will send you emails that contain advertising or other content sponsored by third party retailers or businesses (“advertorial emails”). These advertorial emails are clearly marked as such in the subject line and a note at the top of the article itself. The content is paid for by our sponsors and does not reflect the opinions of our editorial staff. If you prefer not to receive these emails, you can deactivate your Account or otherwise opt-out as provided in the “Opting Out” section of this Privacy Policy below. We send advertorial emails on behalf of the third party sponsors. We do not share your personally identifiable information with such sponsors, except as otherwise provided in this Privacy Policy, but we can sell or share aggregate, non-personal information with such sponsors for any legally permissible purpose.

Sharing of Information Collected with Third Parties

We reserve the right to rent or sell the information we collect from you to third parties.

We also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services.

We will share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you. We will share your credit/debit card data only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.

We will also share certain of your information with third parties for the purposes of providing you with newsletters or other communications.

When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality and security measures. However, we make no representation or warranty that such third parties will comply with any such request.

We will provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, Pinterest, Spotify, advertising networks and others. The placement of social media widgets, or advertising units on the Website can permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.

In the event that we go through a business transition, such as a merger, acquisition or sale of our assets, your personal information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information. We transfer your information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

We also use and disclose your information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. Other than to the extent use and disclosure is pursuant to a court order, we will require such parties and successors in interest to treat your information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.

We reserve the right to release information to law enforcement or other governmental officials as we, in our sole discretion, deem necessary to comply with applicable law.

Use of Web Technologies

Cookies

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on the Website. We link the information we store in cookies to personally identifiable information that you submit while on the Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when a browser is closed. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Website. You can remove the persistent cookies by following the directions provided in your internet browser’s “help” file. If you reject cookies, you can still use the Website but your ability to use particular areas of the Website will be limited.

Tracking Pixels

We employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website pages and are about the size of the period at the end of a sentence. We do not tie the information gathered by tracking pixels to your personally identifiable information.

We use tracking pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see the “Opting Out” section of this Privacy Policy below.

Log Files

As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.

What types of cookies and other Web Technologies do we use and how do we use them?

The types of cookies and similar technologies used by us and our partners in connection with the Website can be classified into one of five categories, namely ‘essential Website cookies’, ‘functionality cookies’, ‘analytics and performance cookies’, ‘advertising cookies’, and ‘ social media cookies’. Cookies do a lot of different tasks to ensure you enjoy your visit to our Website, for example, they are used to remember your preferences on our Website, to help you navigate between pages more efficiently, to enable you to log into your account more easily and to make sure the adverts you see on our Website are relevant to you and your interests. We have set out some further information about each category, and the purposes of the cookies we and third parties set in the following table.

You can block these cookies and similar technologies by changing your browser setting. However, in relation to those that are essential for the operation or improve the functionality of the Website, this may impact your use of the Website.

In addition to the cookies we use on this website, we also use cookies and similar technologies in some emails and push notifications which enable us to understand whether you have opened the email and how you have interacted with it. If you have enabled images, cookies will also be set on your computer or mobile device and will also be set if you click on any link within the email.

For US Users: Do Not Track

When you use the Website, you may have set your browser or other means used to access the Website to send “do not track” requests to us. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.

Security

We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we will occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer/mobile device. We ask you not to share your password with anyone.

Our employees are trained and required to safeguard your information. Our internal controls limit access to personally identifiable information based on job functionality.

No Information Collected from Children

The content and services provided by us or our affiliates, sponsors and advertisers, including without limitation the Website, are not intended for anyone under the age of 18 and you should not access such content or services if you are under the age of 18. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.

Third Party Ad Server Networks

Our Website uses third parties such as network advertisers to serve advertisements on our Website and traffic measurement services to analyze traffic on our Website. Network advertisers are third parties that display advertisements based on your visits to our Website and other websites you have visited. Third party ad serving enables us to target advertisements to you. Our Website’s third party ad network providers, the advertisers, the sponsors and/or traffic measurement services can themselves set and access their own cookies and other technologies on your computer and track certain behavioral information regarding users of your computer via an IP address or other device identifier. These third party cookies and other technologies are set to, among other things: (a) help deliver tailored advertisements to you; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies can serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies, web beacons and other third party technologies are governed by each third party’s specific privacy policy, not this one.

To opt out of third-party tracking on our Website use the following tools

You can opt out of the Ad Tech Network by clicking http://www.youronlinechoices.com/opt-out-interface.

If you would like to opt out of having interest-based information collected during your visits to our Website or other sites, both the National Advertising Initiative (the “NAI”) and the Digital Advertising Alliance (the “DAA”) offer opt out tools to assist you in managing your choices. Clickhttps://optout.networkadvertising.org/?c=1 to visit the NAI opt out page and click Manage My Browser's Opt Outs for the DAA opt out page.

You can visit https://www.networkadvertising.org/understanding-online-advertising/ to learn more about interest-based advertising and your choices regarding having this information used by third parties and your “opt out” choices. Opting out through the DAA or the NAI only means that those DAA or NAI members will no longer be able to deliver targeted content and/or ads to you, which will affect our Website as well as other unaffiliated websites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit these opt out pages, or you subsequently erase your cookies, use a different computer or change web browsers, your opt out choices could not (or could no longer) be effective.

Opting Out

If you want to be removed from our marketing list and do not want us to send you email, postal mail or other messages about our products and services, you can opt out. To do so, please send an email to support@arkcrystals.com, with the word “REMOVE” in the subject line.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please email us at support@arkcrystals.com.

Privacy Policy Updates

We reserve the right to change this Privacy Policy at any time, so please review it on a regular basis. Any changes made to this Privacy Policy will be posted here and we will notify you of any material changes. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can contact us at support@arkcrystals.com. By maintaining an Account with us, or by using or accessing any services provided by us or the Website, you will be deemed to have acknowledged our Privacy Policy.

Manage Accurate Information

If your personally identifiable information changes, or if you no longer choose to use our services or the Website, you can contact customer service by email, telephone or postal mail at the contact information listed below to assist you with changes to your Account. To the extent your Account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

International Users

ARK Crystal is based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any services provided by us will be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States will be different from similar laws in your country of residence. By using the Website or an Account, or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.

EU Users

If you are in the EU, you have certain additional rights and protections under the law regarding the collection and processing of your personal data.

Legal Basis for Processing

If you are in the EU, we will collect and process your personal data:

• To perform our responsibilities under our contract with you (e.g. processing payments for and fulfillment of the goods you have ordered);
• When we have a legitimate interest in collecting and processing your personal data in order for us to run a successful commercial organization (e.g. to communicate with you about updates regarding your order, to advertise products to specifically tailored for you, and send you updates to this policy);
• Where you have given your consent (e.g. to market products to you, to use Location Information) – please note that you can withdraw your consent at any time by emailing support@arkcrystals.com; or
• To comply with our legal or regulatory obligations.

Recipients

We share your information with selected recipients. These categories of recipients include:

• cloud storage providers including Amazon Web Services located in Virginia, and which currently stores your personal data in Virginia, to store the personal data you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you;
• IT Services providers (including Segment, located in the United States), that provide us with SaaS services, who we use to store our customer relationship management information, etc.;
• provided you have consented, advertisers and advertising networks including Google and Facebook located in California, and which store your personal data in California, that require the data to select and serve relevant adverts to you and others;
• analytics and search engine providers including Google and Heap located in California and which currently store your personal data in California that assist us in the improvement and optimisation of the website; and

Data Subject Requests

If you are a user in the EU, you have the right to access personal data we hold about you and to have certain personal data corrected or erased. You also have the right to data portability, and to restrict certain processing of your data in certain circumstances. You also have the right to complain to your data protection authority if you have any complaints about how we process your personal information.

You have the right to object to our processing of your personal data at any time, and you can withdraw your consent to marketing at any time.

To make any of these requests please email support@arkcrystals.com. We will respond as soon as practicable and no later than one month after receipt of your request. We will request proof of identification to verify your identity.

We reserve the right to deny or restrict fulfillment of your request in certain cases, such as when your access to data places another individual’s privacy rights at risk, or the continued processing or your data is necessary to comply with a legal obligation. If so, we will notify you of the reason(s) for this denial.

Questions or Complaints

In the event that you have a concern about our collection and processing of your data, please contact us first at support@arkcrystals.com and we will do our best to fix it. You also have the right to lodge a complaint directly with your local supervisory authority.

Data Retention

• We will retain your information as long as needed to enable you to access the Website or otherwise interact with you, and for as long as you or we can bring a legal claim.

After you have terminated your use of our services, we may store your information in an aggregated and anonymized format.

California Residents

The table below explains the categories of information that we have collected in the past 12 months, the sources of that information, the purpose for that collection and the categories of third parties with whom we share that information.

The CCPA has defined a “sale” to include any transfer of personal information by us to another entity for anything of value. For these purposes, in the past 12 months, we have “sold” (for the purposes of the CCPA) the following categories of personal information:

• device level information (e.g. internet and other network activity information, including ADIDs, cookies, IP address, and other device hardware and software information);
• commercial Information (e.g., purchases, wait lists and pages viewed);
• inferred Data (e.g. inferred user information, preferences or tastes); and
• location Information (geolocation information and commercial information)

to third parties for a business or commercial purpose.

As applicable under the CCPA, from January 1, 2020, if you are a California resident, you may make requests to us as set out below. We will review all requests received and determine the extent to which and how to respond. We will not discriminate against any California resident who makes such requests.

Right to access/know

You may request from us a list of: (i) the personal information that we have collected about you; (ii) the categories of third parties to whom we have disclosed your personal information; and (iii) the categories of third parties to whom we have sold your personal information. You have the right to up to two (2) access requests each twelve (12) months.

Right to delete your personal information

You may request to delete your account and your personal information.

Right to opt-out from the sale of your personal information

You may request, at any time, to direct us to stop “selling” (for the purposes of the CCPA) your personal information.

Making Requests

You may contact us to make the requests described above by completing this form or as otherwise indicated below in the Contact Us section. We will not use the information you provide as part of your request for any other purpose other than to fulfill your request.

To ensure the privacy and protection of individuals, we are required to verify or otherwise authenticate your request(s). To verify your request for access or deletion of your personal information, we may request that you log into your account and make a request here.

If you do not have an account with us, please submit your request by completing this form. We will use the information you submit to verify your request prior to completing your request.

You may also submit such requests through an authorized agent. To designate an authorized agent, please send us a notarized power of attorney / notarized letter authorizing said agent. Requests from agents that do not submit such proof that they have been authorized by you to act on their behalf will be denied.

Other Requests

If you are a user of this service and a California resident under the age of 18, you may request to have your posted content or information removed from the publicly-viewable portion of this web site by logging into your account and removing your posted content or information from the webpage where it is posted, or contacting us directly. Content or information may not be removed from our systems or databases. In certain situations, content or information cannot be removed.

As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose your information for such third parties’ marketing purposes and the categories of Information we may disclose.

See the Contact Us section below to make such requests.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy, please contact us as follows:

By mail:

ARK Crystal LLC

1001 Avenida Pico St. , C 304

San Clemente, CA 92673

Attn: Customer Service

By email: support@arkcrystals.com