Effective Date: November 1, 2018

Last Updated Date: May 5, 2021


Nécessaire, Inc. (“Nécessaire”) has prepared this Privacy Policy to describe our practices regarding the personal data (as defined below) we collect through our website at Nécessaire.com (the “Website") and our other online services that link to this Privacy Policy (together with the Website, the "Services"), in connection with our marketing activities, through social media and as otherwise described in this Privacy Policy.

1. Questions; Contacting Nécessaire; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at team@necessaire.com.

2. User Consent. By submitting personal data through our Website or Services, you agree to this Privacy Policy and you expressly consent to the collection, use and disclosure of your personal data in accordance with this Privacy Policy.

3. A Note About Children. We do not intentionally gather personal data from visitors who are under the age of 16. If a child under 16 submits personal data to Nécessaire through the Services and we learn that the personal data is the information of a child under 16, we will attempt to delete the information as soon as possible. If you believe that we might have any personal data from a child under 16, please contact us at team@necessaire.com.

4. A Note to Users Outside of the United States. If you are a non-U.S. user of the Website, by visiting the Website and providing us with data, you acknowledge and agree that your personal data may be processed for the purposes identified in the Privacy Policy. In addition, your personal data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

5. Types of Data We Collect.

(a) Information You Provide to Us.
  • We may collect personal data from you, including but not limited to your first and last name, phone number, and e-mail address.
  • We may collect profile data, such as your username and password that you may set to establish an online account with us.
  • When you order products on our Website, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information. We do not store this information directly on our servers, but this information may be shared with third parties who help process and fulfill your purchases.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
  • We may collect research data that you provide when you agree to participate in our surveys, promotions, or contents, such as your survey responses.
  • We may collect marketing data, such as your preferences for receiving our marketing communications, and details about your engagement with them.
  • We may also collect personal data at other points in our Website that state that personal data is being collected.
(b) Personal Data Collected via Technology.
  • Device and online activity data. We may collect identifying information about your device and your activity on the Services, including IP addresses, unique device identifiers browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data.
  • Cookies. Like many online services, we may use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website and to facilitate online advertising.
  • Pixel Tags. In addition, we may use "Pixel Tags" (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online activity. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow tell us whether e-mails have been opened and whether links in them have been clicked to assess recipients’ interest in our emails.
6. Use of Your Personal Data

(a) General Use. In general, we use your personal data in the following ways:
  • identify you as a user in our system;
  • provide and improve our Services;
  • send you the products that you order;
  • improve the quality of experience when you interact with our Services;
  • send you a welcome e-mail to verify ownership of the e-mail address provided during the host application process;
  • send you administrative e-mail notifications, such as confirmation of your scheduled appointments; and
  • send Nécessaire marketing communications.
(b) User Testimonials and Comments. We may post testimonials and comments from users who have had positive experiences with our Services and identify those users by their first and last name with their consent. If you make any comments on a blog or forum associated with your Website, you should be aware that any personal data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal data you choose to submit in these blogs and forums.

(c) Interest-Based Advertising. We may engage third party advertising companies and social media companies to display ads on our Services and other online services. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the Information Collected via Technology section above) over time across the Service, our communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Advertising Choices section below.

(d) Compliance and protection. We may use your personal information to:
  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • enforce the terms and conditions that govern the Service; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
(e) Research & Development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

7. Disclosure of Your Personal Data. We disclose your personal data as described below and as described elsewhere in this Privacy Policy.

(a) Third Parties Designated by You. When you use the Services, the personal data you provide will be shared with the third parties that you designate to receive such information, including other websites.

(b) Third Party Service Providers. We may share your personal data with companies and individuals that provide services on our behalf or help us operate the Service or our business (such as information technology, hosting, customer relationship management and support, shipping, communications delivery, marketing, advertising, and online service analytics).

(c) Affiliates. We may share some or all of your personal data with our parent, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”) for use consistent with this Privacy Policy.

(d) Corporate Restructuring. We may share some or all of your personal data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal data may also be transferred as a business asset. If another party acquires our business, or assets, that party will possess the personal data collected by us and will assume the rights and obligations regarding your personal data as described in this Privacy Policy.

(e) Advertising Partners. We may share some of your Personal data to third party advertising companies for the interest-based advertising purposes described above in section 6(c).

(f) Other Disclosures. We may disclose personal data to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above in section 6(d).

8. Third Party Websites. Our Website may contain links to online services operated by third parties. When you click on a link to any other website or location, you will leave our Website and go to another online service, and another entity may collect personal data from you. We have no control over, do not review, and cannot be responsible for, these outside services or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside services, or to any collection of your personal data after you click on links to such outside services. We encourage you to read the privacy policies of every online service you visit. The links to third party services are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

9. Your Choices Regarding Information. You have several choices regarding the use of information on our Service:

(a) Access or Update Your Information. If you have registered for a Service account, you may review and update certain account information by logging into the account.

(b) Email Communications. We may periodically send you emails that promote the Services. You can opt-out of receiving further marketing communications from us by following the unsubscribe instructions provided in the e-mail. We may continue to send you Service-related communications.

(c) Cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Service.
We use Google Analytics to help us understand user activity on the Service. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google protects your data at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

(d) Advertising Choices. You can limit use of your information for interest-based advertising by:
  • Browser settings. Blocking third party cookies in your browser settings.
  • Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.
  • Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
  • Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device from which you wish to opt-out.

(e) How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site.

10. Security of Credit Card and Bank Account Information. For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of Shopify (https://www.shopify.com/legal/privacy). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to the privacy policy of Shopify.

11. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on the Website, and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.

12. Information for California Residents.

Scope. This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents online and offline in our capacity as “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.

Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

  • Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
    • The categories of Personal Information that we have collected.
    • The categories of sources from which we collected Personal Information.
    • The business or commercial purpose for collecting and/or selling Personal Information.
    • The categories of third parties with whom we share Personal Information.
    • The categories of Personal Information that we sold or disclosed for a business purpose.
    • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
  • Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
  • Deletion. You can ask us to delete the Personal Information that we have collected from you.
  • Opt-out of sales. You can opt-out of any sale of your Personal information.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

You may submit requests to exercise your right to information, access or deletion via email to team@necessaire.com or via phone by calling 213-342-1403.

Notice of right to opt-out of the “sale” of your Personal Information. Like many companies, we use services that help deliver interest-based ads to you. California law may classify our use of some of these services as a “sale” of your Personal Information to the advertising partners that provide the services because they collect information from our users (e.g., device data and online activity data) to help them serve ads more likely to interest them. You can request to opt-out out of this “sale” of your personal information here: Do Not Sell My Personal Information, where you will find instructions on opting-out of the use of your information for interest-based advertising.

We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require authentication into your Service account, government identification, a declaration under penalty of perjury or other information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with written confirmation that you have given the authorized agent permission to submit the request. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Personal information that we collect, use and disclose

The list below summarizes our practices currently and during the past 12 months with respect to the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA (Cal. Civ. Code § 1798.140), the Personal Information we collect, the sources of that Personal Information, the business/commercial purpose for which we collect it, the third parties with whom we share it, and the third parties to whom we “sell” it. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

Identifiers (excluding online identifiers)
  • Categories: Contact details, Account information, Feedback/support
  • Sources: You
  • Purposes: Service delivery, Research and development, Marketing and advertising, Compliance and protection
  • Third parties with whom we share: Affiliates, Co-brand partners, Service providers, Website visitors (when you leave product feedback)
  • Third parties to whom we "sell": None
Commercial Information
  • Categories: Payment and transactional data, Marketing data, Research data, Online activity data
  • Sources: You, Automatic collection
  • Purposes: Service delivery, Research and development, Marketing and advertising, Compliance and protection
  • Third parties with whom we share: Affiliates, Co-brand partners, Service providers, Advertising partners
  • Third parties to whom we "sell": Advertising partners (to facilitate online advertising)
Financial Information
  • Categories: Payment and transactional data
  • Sources: You
  • Purposes: Service delivery, Research and development, Compliance and protection
  • Third parties with whom we share: Affiliates, Service providers
  • Third parties to whom we "sell": None
Online Identifiers
  • Categories: Device data
  • Sources: You, Automatic collection
  • Purposes: Service delivery, Research and development, Marketing and Advertising, Compliance and protection
  • Third parties with whom we share: Affiliates, Service Providers
  • Third parties to whom we "sell": Advertising partners (to facilitate online advertising)
Internet or Network Information
  • Categories: Marketing data, Device data, Online activity data
  • Sources: Automatic collection
  • Purposes: Service delivery, Research and development, Marketing and advertising, Compliance and protection
  • Third parties with whom we share: Affiliates, Service Providers, Advertising partners
  • Third parties to whom we "sell": Advertising partners (to facilitate online advertising)
Inferences
  • Categories: May be derived from the information listed above
  • Purposes: Service delivery, Research and development, Marketing and advertising, Compliance and protection
  • Third parties with whom we share: Affiliates, Service Providers, Advertising partners
  • Third parties to whom we "sell": Advertising partners (to facilitate online advertising)

We may also share Personal Information with the other categories of third parties described above in the section entitled Disclosure of Your personal data.

California Shine the Light Law

Under California’s Shine the Light law (California Civil Code Section 1798.83), California residents may ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes, and the categories of personal information disclosed. You may send us requests for this information to team@necessaire.com. In your request, you must include the statement “Shine the Light Request," and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

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