3. Capitalized Terms. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in Our Terms and Conditions , which are incorporated herein by reference.
4. Information Collected.
b. Anonymous Information. For the avoidance of doubt, PII does not include anonymous information, i.e., namely information which cannot be used to identify You or information which was originally PII but which has since been rendered anonymous in such a manner that You are no longer identifiable. Such anonymous information may be used by Us for statistical or research purposes. c. Register an Account. In order to access and use the Website or the Services, You may be required to register an Account which requires that You submit certain PII. You are free not to provide the PII requested. However, if You choose not to provide the PII requested, We reserve the right not to register You as a user or to provide You with the Services.
c. Cookies. A “cookie” is a small piece of information in text format downloaded to Your computer when You visit a website. Our Website may use some or all of the following cookies:
i. Strictly necessary cookies: These cookies are essential in order to enable You to move around the Website and use its features, such as accessing secure areas of the Website. Without these cookies, Services You have asked for, like shopping baskets or e-billing, cannot be provided.
ii. Analytical/performance cookies: These cookies collect information about how You use Our Website, for instance which pages You go to most often, and if You get error messages from web pages. These cookies don’t collect information that identifies You. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how Our Website works.
iii. Functionality cookies: These cookies allow the website to remember choices You make (such as Your user name, language or the region You are in) and provide enhanced, more personal features. For instance, a website may be able to provide You with local weather reports or traffic news by storing in a cookie the region in which You are currently located. These cookies can also be used to remember changes You have made to text size, fonts and other parts of web pages that You can customize. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymized and they cannot track Your browsing activity on other websites.
iv. Targeting cookies or advertising cookies: These cookies are used to deliver advertisements more relevant to You and Your interests. They are also used to limit the number of times You see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with Our permission. They remember that You have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization.
d. What are your choices regarding cookies?
Please note, however, that if You delete cookies or refuse to accept them, You might not be able to use some or all of the features of Our Website, including use of and access to the Services. Also, some of the pages of Our Website might not display properly.
e. Where can you find more information about cookies?
You can learn more about cookies at allaboutcookies: http://www.allaboutcookies.org
5. Use of PII.
a. We will use the PII You provide to Us to:
i. Register You for and give You access to Our Services;
ii. Provide the Services to You;
iii. Respond to Your requests, resolve disputes and/or troubleshoot problems;
iv. Advertise Our additional services, if any, that we believe may be of interest to You;
v. Enhance the quality of Our Website and the Services;
vi. Communicate with You about Our Website and the Services;
vii. Market third-party products and services to You that we believe may be of interest to You;
viii. Maintain or analyze the functioning of the Website or the Services;
ix. Perform network communications;
x. Authenticate You as a user of, or personalize the content on, the Website or the Services;
xi. Serve contextual advertising on the Website or the Services or cap the frequency of advertising;
xii. Protect Your security on the Website or while using the Services; and
xiii. Ensure legal or regulatory compliance.
c. Direct Marketing. We do not currently provide Your PII to third parties for their direct marketing purposes. However, We may do so in the future at which time We will provide You with the ability to opt out from such disclosures prior to providing Your PII to third parties for their direct marketing purposes.
6. Disclosure of PII.
b. Content. For the avoidance of doubt, any Content (other than Registration Information and any PII necessary to purchase a Service or Product) that You transmit to, through or in connection with the Website or the Services which (i) is directly posted by You to, (ii) You have submitted to Us for posting on the Website at Our discretion to, or (iii) You have given Us permission, without Our review to post to, the Website or the Services is not PII. As is set forth in Our Terms and Conditions, You grant us a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right and license to reproduce, edit, display, publish, broadcast, distribute, transmit, prepare derivative works of and otherwise use Your Content in connection with the provision of the Website and the Services, for Our own business purposes, including but not limited to, disclosing and making any Content available to third parties.
c. Exceptions. Notwithstanding anything set forth herein to the contrary, Your PII may be disclosed by Us under the following circumstances: (i) if required to do so pursuant to applicable law; (ii) if required to do so pursuant to a subpoena or search warrant; (ii) if We reasonably believe that disclosure is necessary to enforce Our Terms and Conditions; (iii) if We reasonably believe that disclosure is necessary to protect the rights, safety or property of The Society of Scent, Our users, or others; or (iv) in accordance with Section 5(a) and 5(b) above.
7. California Online Privacy Protection Act Tracking Disclosures. We may collect PII about Your online activities over time and across different websites when You use Our Website or Services. Some browsers have incorporated a “Do Not Track” (“DNT”) feature that can send a signal to websites that You visit indicating that you do not wish to be tracked. At this time, We do not respond to browser DNT signals.
Third parties that have Content or advertise products or services on Our Website or Services or otherwise have a relationship with Us such as an advertising network partner, may collect PII about Your online activities over time and across different websites when You use Our Website or Services. To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org.
9. Data Security. We will take precautions that we deem appropriate in our sole discretion to protect Your PII from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, no security system is perfect and We cannot guarantee that Your PII will remain secure in all circumstances, including the security of Your PII during transmissions to Us.
10. PII Transfers. The Society of Scent is headquartered in the United States, and we have operations in the State of New York. As such, We may transfer Your PII to, or store or access it in, jurisdictions that may not provide equivalent levels of PII protection as Your home jurisdiction. We will take steps to ensure that Your PIIreceives an adequate level of protection in the jurisdictions in which We process it.
11. Residents of the European Economic Area. If you are a resident of a member of the European Union or Norway, Iceland, and Lichtenstein (collectively, the “EEA”), You have or may soon have, certain rights and protections under Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union, more commonly known as the General Data Protection Regulation or “GDPR,” regarding the protection and processing of your PII.
12. Legal Basis for Processing. If You are a resident of the EEA, We process Your PII for the following reasons:
a. when it is necessary to perform Our contract with You, including but not limited to, processing Your payment for and providing You the Product You ordered from Us;
c. when We have Your consent.
13. Your Rights Regarding PII. If You are a resident of the EEA, You have the right to access PII We hold about You and to ask that Your PII be corrected, updated, or erased. You also have the right to object to, or request that We restrict certain processing and request that a copy of your PII be provided to You in a structured, machine-readable and commonly used format. In addition, if We processed some or all of Your PII pursuant to Your consent, You have the right to withdraw Your consent to such processing. If you would like to exercise any of these rights, you may contact Us at [email protected]. If you have an Account, You may also review, update, and delete Your PII as set forth below.
14. Questions or Complaints. If you are a resident of the EEA and have a concern about Our practices concerning the protection and processing of Your PII that We are not able to resolve, You have the right to lodge a complaint with Your local Data Privacy Authority. For contact details, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
15. Opt-Out Option. Periodically, You may receive communications from Us such as newsletters or promotional emails. If You do not wish to receive such communications, You will have the ability to opt-out of receiving such communications by following the “unsubscribe” instructions provided in such communications or by contacting Us directly at [email protected].
17. Information Collected from Children. This Website and the Services offered on this Website are not directed at and are not to be used by children under the age of 13. We do not knowingly collect PII from children under the age of 13.
18. Your Privacy Responsibilities. To help protect Your privacy, do not share your Registration Information with anyone. Also, remember to log off the Website and Services when you are finished with a given session.
19. Update PII. It is Your sole responsibility to keep PII You have provided to Us correct and up-to-date. You may update Your PII by visiting www.thesocietyofscent.com and clicking on “Account” to change Your Account information. You may also delete certain or all PII you have submitted to Us. Note, however, that although Your deletion of some or all of Your PII from Your Account may render Your Account inactive, We may store previously submitted PII indefinitely for various reasons, including but not limited to fraud prevention and analytics.
Last Updated: August 30,2018