This Privacy Policy sets out how we, Essense of Australia, Inc, collect, store and use information about you when you use or interact with our website, www.essensedesigns.com (our website) and where we otherwise obtain or collect information about you. This Privacy Policy is effective from February 19th, 2020. To adjust your personal settings, visit the privacy center.
Summary
This section summarizes how we obtain, store and use information about you. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.
Data controller: Essense of Australia, Inc
Information we collect: name, contact details, IP address, information from cookies, information about your computer or device (e.g. device and browser type), information about how you use our website (e.g, which pages you have viewed, the time when you viewed them and what you clicked on), and the geographic location from which you accessed our website (based on your IP address).
Disclosure of your information to third parties: only to the extent necessary to run our business, to our service providers, to fulfill any contracts we enter into with you, or where required by law or to enforce legal rights.
Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): No
How long we retain your information: for no longer than necessary, taking into account any legal obligations we have (e.g. to maintain records for tax purposes), any other legal basis we have for using your information (e.g. your consent, and performance of a contract with you or our legitimate interests as a business). For specific retention periods in relation to certain information which we collect from you, please see the main section below entitled How long we retain your information.
How we secure your information: using appropriate technical and organizational measures such as storing your information on secure servers, encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology, and only granting access to your information where necessary.
Use of cookies and similar technologies: we use cookies [and similar information-gathering technologies such as web beacons, including essential, functional, analytical, and targeting cookies] on our website. Web beacons, which are also known as clear GIFs, web bugs or pixel tags, are often used in combination with cookies. They are images (often transparent) that are part of web pages. At Essense of Australia, web beacons allow us to count users who have visited certain pages and to generate statistics about how our site is used. For more information, please visit our cookies policy here: https://www.essensedesigns.com/cookie-policy/
Transfers of your information outside the European Economic Area: in certain circumstances we transfer your information outside of the European Economic Area, including to the following countries: United States, Canada, and Australia. Where we do so, we will ensure appropriate safeguards are in place. The third parties we use who transfer your information outside the European Economic Area have self-certified themselves as compliant with the EU-U.S. Privacy Shield
Use of automated decision making and profiling: we use automated decision making and/or profiling in relation to our website through the use of web analytics, cookies, web beacons and server logs analysis tools (profiling). We use targeting cookies to display advertisements to people who visit our website on other websites around the internet (e.g. using Google Adwords remarketing).
Sensitive personal information: we do not knowingly or intentionally collect what is commonly referred to as ‘sensitive personal information’. For more information, please see the main section below entitled Sensitive Personal Information.
User-Generated Content: Reviews, Comments, Communications and Other Content:
You may choose to provide us with your own original content such as personal photographs, videos, product reviews, comments, text, audio/visual recordings, images, and/or other materials (“User Content”). Essense of Australia, Inc., welcomes you to submit your User Content to us, via our Sites or other means we may permit, such as but not limited to replying to a social media post with a designated hashtag. Essense of Australia and/or its designees may also reach out to you through social media, email, apps, or other means to request the use of User Content you have published elsewhere and/or not submitted directly to Essense of Australia. By submitting your User Content to us, including via our Sites, or by otherwise allowing Essense of Australia to use your User Content, you are agreeing to the following:
You grant to Essense of Australia, its brands, and affiliated partners (including retailers, venders and media sites) a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual, unrestricted, sublicensable right to use, market and promote your User Content in any manner or media now known or later developed, for any purpose, including without limitation the rights to reproduce, display, publish, perform, translate, transmit, broadcast, modify, adapt, alter, distribute, present, commercialize, create derivative works from your User Content, and exercise all intellectual property and other rights with respect to your User Content, without any compensation or notice to you or any approval from you, with or without your name (whether your legal name or your username on the applicable platform), including, without limitation, in advertising and promotion of Essense of Australia and its brands and/or products. Without limiting the foregoing, you represent that you have all consents and licenses necessary to use and to authorize Essense of Australia and our designees to use your User Content in the manner permitted in these Terms. You agree that your User Content is not confidential.
You represent and warrant to Essense of Australia as follows: that your User Content is your own original work and/or that you have the right to grant the rights and permissions set forth in the Terms; you have obtained all necessary licenses and permissions from all applicable third parties required for the submission of the User Content and use as permitted in the Terms; you will comply with all FTC disclosure requirements and guidelines relating to your User Content; the posting and/or display and/or other permitted use of your User Content by Essense of Australia or those deriving rights through Essense of Australia will not violate any provision of any applicable law or regulation, or in any way infringe or violate rights of any third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; you waive any and all moral rights that exist in your User Content and any derivative works made therefrom.
Our Details
The data controller in respect of our website is Essense of Australia, Inc of 15500 W. 113th Street, Suite 300, Lenexa, KS. 66219. You can contact the data controller by writing a letter or sending an email to cs.usa@essensedesigns.com.
We collect and use information from website visitors in accordance with this section and the section entitled Disclosure and additional uses of your information.
We use a third party server to host our website called Amazon Web Services, the privacy policy of which is available here: https://aws.amazon.com/privacy/. Our website server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system.
Our server is located in US East (N. Virginia) and, accordingly, if you are in the EU, your information is transferred outside the European Economic Area (EEA). For further information and information on the safeguards used, please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area.
Use of website server log information for IT security purposes
We AND/OR our third party hosting provider collect(s) and store(s) server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analysing log files to help identify and prevent unauthorised access to our network, the distribution of malicious code, denial of services attacks and other cyber attacks, by detecting unusual or suspicious activity.
Unless we are investigating suspicious or potential criminal activity, we do not make, nor do we allow our hosting provider to make, any attempt to identify you from the information collected via server logs.
Use of website server log information to analyze website use and improve our website:
We use the information collected by our website server logs to analyse how our website users interact with our website and its features. For example, we analyse the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit and the operating system and browser use.
We use the information gathered from the analysis of this information to improve our website. For example, we use the information gathered to change the information, content and structure of our website and individual pages based according to what users are engaging most with and the duration of time spent on particular pages on our website.
Cookies and similar technologies
Cookies are data files which are sent from a website to a browser to record information about users for various purposes.
We use cookies and similar technologies on our website to process information including standard internet log information and details of the visitor’s behavioral patterns upon visiting our site. This is done to provide you with a better experience, and to facilitate the use of certain functions.
For further information on how we use cookies, please see our cookies policy which is available here: https://www.essensedesigns.com/cookie-policy/
Cookies are stored on your individual device and you have full control over their use. You may deactivate or restrict the transmission of cookies by changing the settings of your web browser. Cookies that are already stored may be deleted at any time. Should you visit our site with cookies deactivated, you may possibly not be able to use all of the functions on the site to their full extent. You can reject some or all of the cookies we use on or via our website by changing your browser settings or non-essential cookies by using our cookie control tool, but doing so can impair your ability to use our website or some or all of its features. For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org or see our cookies policy.
We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure and additional uses of your information.
On our site you have the opportunity to contact us to ask us questions. We use this data solely in connection with answering the queries we receive.
When you send an email to the email address displayed on our website we collect your email address and any other information you provide in that email (such as your name, telephone number and the information contained in any signature block in your email).
If you receive emails from us, we may use certain analytics tools to capture data, such as when you open our email or click on any links or banners our email contains. This data helps us to gauge the effectiveness of our communications and marketing campaigns.
Where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).
Transfer and storage of your information:
Emails you send us will be stored outside the European Economic Area on our servers in the US. In some cases, we also use a third party (G-Suite) email provider to store emails you send us. Our third party email provider (G-Suite) has data centers globally. The data center we are using for email is located in the United States. Their privacy policy is available here: https://www.google.com/intl/en/policies/privacy/?_ga=2.198270764.223908850.1525879233-729360734.1525879233.
For further information please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area
When you contact us using our contact form, we collect name, email address, business details (including business name, business street address, city, state, zip code, and country), labels you are interested in, and IP address. We also collect any other information you provide to us when you complete the contact form, including any optional information, such as: labels you currently offer in your store.
If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form and we will not receive your inquiry.
If you do not supply the optional information (such as labels you currently offer in your store) requested on our contact form, we will not be able to personalize any communications or process your information based on those inputs.
Transfer and storage of your information: Messages you send us via our contact forms will be stored outside the European Economic Area in the following locations:
- On our third party hosting provider’s servers in the US. Our third party hosting provider is AWS. Their privacy policy is available here: https://aws.amazon.com/privacy/.
- On our MS Exchange server. The Exchange server is located at our data center at our office in Lenexa, KS. Our privacy policy is located here: https://www.essensedesigns.com/privacy-policy/
- On our third party CRM provider’s servers in the US. Our third party CRM provider is Salesforce. Their privacy policy is available here: https://www.salesforce.com/eu/company/privacy/
For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.
We use a third party contact form provider to store messages you send us. Our contact forms are hosted on AWS servers located in the US. Their privacy policy is available here: https://aws.amazon.com/privacy/. Messages you send to us via our contact form will be stored outside the European Economic Area on our contact form provider’s servers in the United States.
For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.
When you contact us by phone, we collect your phone number and any information provided to us during your conversation with us.
We do not record phone calls.
Transfer and storage of your information:
Information about your call, such as your phone number and the date and time of your call, is processed by our third party telephone service provider, which is located in the United States.
Information about your phone call will be stored by our third party telephone service provider outside the European Economic Area. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled.Transfers of your information outside the European Economic Area.]
Contact with us via Post
If you contact us by post, we will collect any information you provide to us in any postal communications you send us.
Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).
We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled Disclosure and additional uses of your information.
E-Newsletter
When you sign up for our e-newsletter on our website or opt to receive news, trend reports and fashion tips from us by filling out the join our mailing list, we collect name, email address, country, and IP address. We also collect any other information you provide to us when you complete the contact form, including any optional information, such as: street address and wedding date.
You give your consent to us sending you our e-newsletter by signing up to receive it using the steps described above.
Transfer and storage of your information:
We use a third party service to send out our e-newsletter and administer our mailing list. See the Disclosure and additional uses of your information section below for additional details on third parties.
Information you submit to subscribe for our e-newsletter will be stored outside the European Economic Area on our third party mailing list provider’s servers in the United States
For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.
Use of web beacons and similar technologies in emails
We use technologies such as web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates, click through rates, bounce rates, unsubscribe rates, and complaint rates which our emails achieve.
For more information on how we use web beacons in our e-newsletter emails, see our cookies policy which is available here: https://www.essensedesigns.com/cookie-policy/
For more information about our third party mailing list provider and the use of web beacons, please see their privacy policy which is available here: https://emfluence.com/privacy-policy
Information received from third parties
Generally, we do not receive information about you from third parties. The third parties from which we receive information about you will generally include group companies, affiliates or business partners.
It is also possible that third parties with whom we have had no prior contact may provide us with information about you.
Information we obtain from third parties will generally be your name and contact details, but will include any additional information about you which they provide to us.
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where a third party has passed on information about you to us (such as your name and email address) in order for us to provide services to you, we will process your information in order to take steps at your request to enter into a contract with you and perform a contract with you (as the case may be).
Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: where you have asked that a third party to share information about you with us and the purpose of sharing that information is not related to the performance of a contract or services by us to you, we will process your information on the basis of your consent, which you give by asking the third party in question to pass on your information to us.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: where a third party has shared information about you with us and you have not consented to the sharing of that information, we will have a legitimate interest in processing that information in certain circumstances.
For example, we would have a legitimate interest in processing your information to perform our obligations under a sub-contract with the third party, where the third party has the main contract with you. Our legitimate interest is the performance of our obligations under our sub-contract.
Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we will have a legitimate interest in processing that information to investigate and pursue any such potential infringement.
Where we receive information about you in error
If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.
In certain circumstances (for example, to verify the information we hold about you or obtain missing information we require to provide you with a service) we will obtain information about you from certain publicly accessible sources, both EU and non-EU, such as online customer databases, business directories, [media publications, social media, and websites (including your own website if you have one).
Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where you have entered into a contract or requested that we enter into a contract with you, in certain circumstances, we will obtain information about you from public sources in order to enable us to understand your business and provide services to you or services to a sufficient standard.
For example, we would obtain and/or verify your email address from your website or from a directory where you ask us to send you information by email but we do not possess the information or we need to confirm that we have recorded your email address correctly.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: in certain circumstances, we will have a legitimate interest in obtaining information about you from public and private sources. For example, if you have infringed or we suspect that you have infringed any of our legal rights, we will have a legitimate interest in obtaining and processing information about you from such sources in order to investigate and pursue any suspected or potential infringement.
This section sets out the circumstances in which will disclose information about you to third parties and any additional purposes for which we use your information.
Disclosure of your information to service providers
We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business. These include the following categories of providers:
- Email providers
- Hosting providers
- Telephone providers
- CRM provider
Our third party service providers are located in the United States. Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us.
We do not display the identities of all of our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, however, please contact us directly by email and we will provide you with such information where you have a legitimate reason for requesting it (where we have shared your information with such service providers, for example).
Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest relied on: where we share your information with these third parties in a context other than where is necessary to perform a contract (or take steps at your request to do so), we will share your information with such third parties in order to allow us to run and manage our business efficiently.
Legal basis for processing: necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: we may need to share information with our service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.
We disclose your information to other third parties in specific circumstances, as set out below.
Providing information to third parties such as Google Inc. Google collects information through our use of Google Analytics on our website. Google uses this information, including IP addresses and information from cookies, for a number of purposes, such as improving its Google Analytics service. Information is shared with Google on an aggregated and anonymised basis. To find out more about what information Google collects, how it uses this information and how to control the information sent to Google, please see the following page: https://www.google.com/policies/privacy/partners/
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): meeting our contractual obligations to Google under our Google Analytics Terms of Service (https://www.google.com/analytics/terms/us.html)
You can opt out of Google Analytics by installing the browser plugin here: https://tools.google.com/dlpage/gaoptout
Transfer and storage of your information
Information collected by Google Analytics is stored outside the European Economic Area on Google’s servers in the United States.
For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: running and managing our business efficiently.
Indicating possible criminal acts or threats to public security to a competent authority
If we suspect that criminal or potential criminal conduct has occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that fraud or a cyber crime has been committed or if we receive threats or malicious communications towards us or third parties.
We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: preventing crime or suspected criminal activity (such as fraud).
In connection with the enforcement or potential enforcement our legal rights
We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.
In connection with a legal or potential legal dispute or proceedings
We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): resolving disputes and potential disputes.
For ongoing compliance with laws, regulations and other legal requirements
We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one.
Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).**
Legal obligation(s)**: legal obligations to disclose information which are part of the laws of England or if they have been integrated into the United Kingdom’s legal framework (for example in the form of an international agreement which the United Kingdom has signed).
Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: where the legal obligations are part of the laws of another country and have not been integrated into the United Kingdom’s legal framework, we have a legitimate interest in complying with these obligations.
This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.
Server log information: we retain information on our server logs for 90 days.
Correspondence and inquiries: when you make an inquiry or correspond with us for any reason, whether by email or by phone, we will retain your information for as long as it takes to respond to and resolve your inquiry, and for 3 further months after which point we will delete your information.
E-Newsletter: we retain the information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.
Criteria for determining retention periods
In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:
- the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);
- whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);
- whether we have any legal basis to continue to process your information (such as your consent);
- how valuable your information is (both now and in the future);
- any relevant agreed industry practices on how long information should be retained;
- the levels of risk, cost and liability involved with us continuing to hold the information;
- how hard it is to ensure that the information can be kept up to date and accurate; and
- any relevant surrounding circumstances (such as the nature and status of our relationship with you).
We take appropriate technical and organisational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:
- only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible;
- verifying the identity of any individual who requests access to information prior to granting them access to information;
- using Secure Sockets Layer (SSL) software to encrypt [any information you submit to us via any forms on our website.
Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.
We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
Your information will be transferred and stored outside the European Economic Area (EEA) in the circumstances set out below. We will also transfer your information outside the EEA or to an international organisation in order to comply with legal obligations to which we are subject (compliance with a court order, for example). Where we are required to do so, we will ensure appropriate safeguards and protections are in place.
Server log information
Information collected when you visit our website is transferred outside of the EEA and stored on the servers of our third party hosting company, AWS. You can access their privacy policy here: https://aws.amazon.com/privacy/.
Country of storage: United States. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Our third party hosting provider has self-certified its compliance with the EU-U.S. Privacy Shield.
Contact form
Information you submit to us via our contact form is transferred outside the EEA and stored on our third party hosting provider’s servers. Our hosting provider is Amazon Web Services. You can access their privacy policy here:https://aws.amazon.com/privacy/.
Country of storage: United States. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: our third party hosting provider has self-certified its compliance with the EU-U.S. Privacy Shield. which is available here: https://aws.amazon.com/compliance/eu-us-privacy-shield-faq/. The EU-U.S. Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-U.S. Privacy Shield here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm
Email
Information you submit to us by email is transferred outside the EEA and stored on our internally hosted email exchange server. The information is also routed to our third party CRM system for handling. Our third party CRM provider is: Salesforce. You can access their privacy policy here: https://www.salesforce.com/company/privacy/.
Country of storage: United States. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Salesforce has self-certified its compliance with the EU-U.S. Privacy Shield which is available here: https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Privacy/privacy-shield-notice.pdf. The EU-U.S. Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-U.S. Privacy Shield here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm
Information about users that is maintained on Essense’s systems is protected using industry standard security measures. However, no security measures are perfect or impenetrable, and Essense cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. Essense is not responsible for the circumvention of any privacy settings or security measures relating to the Website by any users or third parties.
E-Newsletter
Information you submit to us when you sign up for our e-newsletter is transferred outside the EEA and stored on our third party mailing list provider’s servers.
Country of storage: United States. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: our third party mailing list provider has made a substantial investment in server, database, backup and firewall technologies to protect information assets. These technologies are deployed as part of sophisticated security architecture. All data resides in a tightly controlled, secure data center. These investments mean that information about the identity and preferences of individual members is strongly protected by the third party against unauthorized access. To obtain a copy of the safeguards used, you can make a request by email to cs.usa@essensedesigns.com, or by mail at the address listed at the end of this privacy policy.
Google Analytics
Information collected by Google Analytics (your IP address and actions you take in relation to our website) is transferred outside the EEA and stored on Google’s servers. You can access Google’s privacy policy here: https://www.google.com/policies/privacy/
Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.
Safeguard(s) used: Google has self-certified its compliance with the EU-U.S. Privacy Shield which is available here: https://www.privacyshield.gov/welcome. The EU-U.S. Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-U.S. Privacy Shield here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm.
Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by writing to 15500 W. 113th St. Suite 300, Lenexa, KS. 66219, or sending an email to cs.usa@essensedesigns.com:
- to request access to your information and information related to our use and processing of your information;
- to request the correction or deletion of your information;
- to request that we restrict our use of your information;
- to receive information which you have provided to us in a structured, commonly used and machine-readable format(e.g. a CSV file) and the right to have that information transferred to another data controller (including a third party data controller);
- to object to the processing of your information for certain purposes (for further information, see the section below entitled Your right to object to the processing of your information for certain purposes); and
- to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.
In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.
For the purposes of the UK, the supervisory authority is the Information Commissioner’s Office (ICO), the contact details of which are available here: https://ico.org.uk/global/contact-us/
Further information on your rights in relation to your personal data as an individual
The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO’s website:
You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf.
Verifying your identity where you request access to your information
Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.
These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.
How we verify your identity
Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.
If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.
We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.
You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to 15500 W. 113th St. Suite 300, Lenexa, KS. 66219, or sending an email to cs.usa@essensedesigns.com:
- to object to us using or processing your information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including ‘profiling’ (i.e. analysing or predicting your behaviour based on your information) based on any of these purposes; and
- to object to us using or processing your information for direct marketing purposes (including any profiling we engage in that is related to such direct marketing).
You may also exercise your right to object to us using or processing your information for direct marketing purposes by:
- clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link;
- sending an email to cs.usa@essensedesigns.com, asking that we stop sending you marketing communications or by including the words “OPT OUT”.
For more information on how to object to our use of information collected from cookies and similar technologies, please see the section entitled How to accept or reject cookies in our cookies policy, which is available here: https://www.essensedesigns.com/cookie-policy/
‘Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.
We do not generally seek to obtain sensitive personal information unless it is volunteered by you. If you inadvertently or intentionally provide sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information.
Examples of sensitive personal data we may request to better serve and meet your needs include:
• Food allergies;
• dietary requirements which may imply or suggest your religion, health or other sensitive personal data;
• observance of religious holidays which may imply your religion;
• mobility requirements;
• disabilities; and
• medical conditions
Such sensitive data is only shared with other members of Essense of Australia Inc. or our third party service providers (e.g. restaurants, accommodation providers) for the purpose of providing the best possible services to you and will not be shared or used by us for any other purposes.
Changes to our Privacy Policy
We update and amend our Privacy Policy from time to time.
Minor changes to our Privacy Policy
Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.
Major changes to our Privacy Policy or the purposes for which we process your information
Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website.
We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.
Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.
Children’s Privacy
Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18.
It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to cs.usa@essensedesigns.com.
California Do Not Track Disclosures
“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits Users that are residents of California to request certain information regarding Essense’s disclosures of personally identifiable information to third parties for such third parties’ direct marketing purposes. If user is a California resident and would like to make such a request, please email Essense at cs.usa@essensedesigns.com or write Essense at 15500 W. 113th St. Suite 300, Lenexa, KS. 66219.
