Privacy Policy

Updated and Effective as of November 19, 2023

This Privacy Policy applies to any website, application, feature, widget or other online service that is owned or controlled by MonicaMichelle Boutique LLC, its subsidiaries and affiliated companies (collectively "we" or "us"), that posts a link to this Privacy Policy (collectively, the "Channels"), and by MonicaMichelle Boutique offline.

By accessing, using, or otherwise interacting with any part of our Channels, or by otherwise providing personal data to MonicaMichelle Boutique, you agree to be bound by the terms of this Policy and the applicable Terms of Use which govern your use of any Channel. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY AND THE APPLICABLE TERMS OF USE, DO NOT ACCESS OR USE THE CHANNELS OR PROVIDE PERSONAL DATA TO US THROUGH ANY CHANNEL.

Table of Contents

1. Personal, Sensitive, and Non-Personal Data We Collect and How We Use and Disclose It
2. Additional Details About Our Data Practices
1. Data We Collect Automatically: Device ID/Interaction Information

Cookies and Local Storage

Certain Browsers or Browser Add-ons

Web Beacons

Embedded Scripts

Data Collection from Mobile Devices

Session Replay Technology

1. Data You Provide Directly

Community Forums and User Submissions

Social Networking Features

Chat Boxes

Sweepstakes, Contests, and Promotions

Employment Applications

1. Data We Receive or Collect from Third Parties

Enhancement Data and Other Information

Send-to-a-Friend Features

1. Data We Disclose to Third Parties

Other Cobranded Partners

Affiliated Brands for Direct Marketing

Unaffiliated Third Parties for Direct Marketing

Third Parties Providing Services to Us or on Our Behalf

Business Transfers and Transitions

Administrative and Legal Reasons

1. Third Party Advertising and Analytics/Privacy Controls
2. Loyalty Program Disclosures
3. Your Choices

Preference Center and Marketing Messages from Us

Data Privacy Choices

1. Security
2. Third Party Links & Content
3. Consent to Transfer and Storage in the United States
4. General Audience Sites
5. Changes to This Privacy Policy
6. Jurisdiction-Specific Rights

U.S. State-Specific Rights

1. Privacy Notice

1. Personal, Sensitive, and Non-Personal Data We Collect and How We Use and Disclose It

The data we collect about you may be provided by you or by a third party, or may be collected automatically through cookies and other technologies. Some of the data we collect is "personal data" (sometimes also referred to as "personal information"), which we consider to be data that is linked to a specific, identifiable individual (such as your full name and email address). We will treat other data, such as IP addresses and cookie identifiers, as "personal data" where required by applicable law and we will treat certain personal data as "sensitive data" as required by applicable law.

Note that we may de-identify or pseudonymize your personal data so as to make it non-personal, either by combining it with data about other individuals and/or by hashing the data or otherwise removing characteristics that make the data personally identifiable to you. We will treat de-identified or pseudonymized data as non-personal to the fullest extent allowed by applicable law. We maintain and use de-identified data without attempting to re-identify it, except where permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements. If we combine non-personal data with personal data, then we will treat the combined data as personal data under this Privacy Policy. We may share non-personal data with third parties for any purpose in our discretion and as permitted by law, including for advertising, research and marketing purposes.

The following chart sets out by category the personal data collected, the purposes for which the data is collected ("A. Purposes"), the categories of third parties to whom the data may be disclosed for a business purpose (" B. Disclosed To"), and the categories of third parties to whom the data may be sold for monetary value or other valuable consideration or shared for cross contextual behavioral advertising/targeted marketing ("C. Sold/Shared To").

Please also see the "Additional Details About Our Data Practices"section below for additional information on certain types of personal data collection and use.

1. Additional Details About Our Data Practices

We provide in this section additional detail about the data practices listed in the chart above, where it would be helpful for your understanding of such practices.

1. Data We Collect Automatically: Device ID/Interaction Information.

MonicaMichelle Boutique and our third-party business partners, including service providers, analytics providers, advertisers, communication services providers, and third-party content providers, may automatically or passively receive and record certain data about your use of the Channels whenever you visit or interact with the Channels (" Device ID/Information") This information helps us create a better experience for our users and provide you with targeted advertising. Please see the "Third Party Advertising and Analytics/Privacy Controls" section below for more information about how to control the use of your personal data for the purposes of advertising. Device ID/Information may include, but is not limited to:

• Your IP address, mobile device identifier and other unique identifier
• Device information, including device model, operating system version, device date and time, mobile network information
• Approximate location of your device, which may be collected or inferred through other data we collect, such as IP address
• How you use and interact with the Channels, including your search terms, pages you visit, content you view, and your preferences

Device ID/Interaction Information may be collected through the use of the following technologies:

1. Cookies and Local Storage.

"Cookies" and local storage are pieces of information (data files) transferred to an individual’s browser on their device when the device is used to visit a Channel. These technologies can store a unique identifier for a device to allow a certain Internet site to recognize the device whenever the device is used to visit the site. These technologies may be used for many purposes by us and our third-party service providers, such as automatically collecting Device ID/Interaction Information, enabling features, remembering your preferences, and providing you with targeted advertising elsewhere online. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at www.allaboutcookies.org

1. Certain Browsers or Browser Add-Ons

Certain browsers or bowser add-ons may provide additional local data storage mechanisms that are used in a manner similar to cookies, and some of the content included on our Channels may make use of this local storage.

1. Web Beacons

Small graphic images or other web programming code called web beacons (also known as "pixel tags," "1x1 GIFs," or "clear GIFs") may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for several purposes, including, without limitation, to count visitors to a Channel, to monitor how users navigate the Channel, to count how many emails that were sent were opened or to count how many particular links were actually viewed.

1. Embedded Scripts.

An embedded script is programming code that is designed to collect data about your interactions with the Channels, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third party service provider, is active only when you are connected to a Channel and is deactivated or deleted thereafter.

1. Data Collection from Mobile Devices

We use embedded scripts and similar tools to collect data from mobile devices such as the hardware model, operating system and version, identification numbers assigned to your mobile device, such as the ID for Advertising (IDFA) on Apple devices, and the Advertising ID on Android devices, mobile network information, and website usage behavior. In addition, we may use a variety of other technologies that collect similar device and device interaction information for security, fraud detection, and maintenance purposes.

1. Session Replay Technology

MonicaMichelle Boutique may record through session replay technology your interactions with the Channels, such as what pages you visit on the Channels, how long you visit those pages, and any links you click or information you provide. We use this data for our internal business purposes, such as for website analytics, to improve the Channels and our products and services, and to address functionality issues.

We may also use a variety of other technologies that collect similar data for security, fraud detection, site functionality and operational purposes.

1. Data You Provide Directly.

We may ask you to provide data to us when you use the Channels, for example, in the following ways:

1. Community Forums and User Submissions.

The Channels may provide you the opportunity to submit information to us, through interactive features, and through other communication functionality (" Community Forums"). You may choose, through such features or otherwise, to submit or post "User Submissions" (which means any and all information and content that you submit or post to the Channels, including, without limitation, photos, audio, video, messages, text, files, reviews, or other content you provide us and as further described in our Terms of Use). Your User Submissions may also be subject to additional terms, which we may ask you to agree to when you submit a review. Some features, such as user reviews, may be operated by a third party and your postings also may be subject to the third party’s privacy policy and terms of use.

Please note that certain information, such as your name and/or place of residence, may be publicly displayed on the Channels along with your User Submissions. Your use of any Community Forum is subject to our Terms of Use, including without limitation the "User Submissions" section. Note that anything you submit through a public-facing Community Forum may be made public – others will have access to your User Submission and may use it or share it with third parties. We are not responsible for the actions of third parties and the use of your data and other User Submissions by such third parties is not subject to the protections of this Privacy Policy.

Photos and Videos. We allow you to post photos and videos on the Channels or to submit them to us as described in the chart above. Applicable laws and regulations may vary with respect to whether such materials are considered to be biometric information. For clarity, MonicaMichelle Boutique does not create a record of facial geometry from your photos or videos, and does not use your photos or videos for the purposes of facial recognition, facial surveillance, or otherwise as a biometric identifier. Please note, however, that to the extent that you post your photos or videos publicly on our Channels, or we share – as described elsewhere in this Privacy Policy – such materials with third parties who are permitted to use these materials in accordance with their own privacy policies, we do not control the actions of third parties, and their use of your photos or videos may differ from ours.

1. Social Networking Features.

Functionality on the Channels may permit interactions between the Channels and a third-party service such as Facebook or Instagram ("Social Networking Features"). Examples of Social Networking Features include enabling you to "like" or "share" content from the Channels or to "like" or "share" our content on a third-party service; to automatically or selectively show your social media posts on the Channels; and to otherwise connect the Channels to a third-party service. If you choose to share content or to otherwise post information through the Channels to a third-party service, or vice versa, that information may be publicly displayed. Similarly, if you post information on a third-party service that references us (for example, by using a hashtag associated with us in your post), your post may be published on the Channels or otherwise in accordance with the terms of that third party. Also, both we and the third party may have access to certain information about you and your use of the Channels and the third-party service.

In addition, the third party service may set their own cookies and collect data about your use of the Channels, including your IP address or other device identifiers, and which pages you visit on the Channels. These third party platforms may be able to collect certain data on your visits to the Channels regardless of whether or not you affirmatively interact with the feature and whether or not you are logged into (or have) an account with the third party platform. If you are logged out or do not have an account and visit a page with a social plug-in, your browser sends a more limited set of information. Like other sites, the third party platform will receive data about the webpage you are visiting, the date and time of your visit, and other browser-related information. They may use that information to help them improve their products or for other purposes set forth in their privacy policy. We may also receive data about you if other users of social media give us access to their profiles and you are one of their connections or "friends."

The data we collect in connection with Social Networking Features is subject to this Privacy Policy. The data collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share data with us, the types of data shared, and your choices with regard to what is visible to others on that third-party service.

If you submit User Submissions or use Social Networking Features, we may publish that information or content online or offline, including in connection with our advertising, marketing, publicity, and promotional activities, as further described in our Terms of Use or additional terms that you may agree to before submitting a User Submission.

1. Chat Boxes.

When you participate in our Live Chat feature, MonicaMichelle Boutique can record and use your communications and the information you provide to assist you during the Live Chat session, to provide customer service, improve our products and services, and for marketing. If you do not consent, please do not continue with chat assistance.

1. Sweepstakes, Contests, & Promotions.

We may offer sweepstakes, contests, and other promotions (any, a "Promotion") that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern that Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal data may be disclosed to third parties (including, without limitation, a co-sponsor) or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s terms or official rules (such as on a winners list).

1. Employment Applications.

If you apply for a job through the Channels, we or our service provider(s) may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by, as applicable, the Equal Employment Opportunity Commission and other federal, state, provincial/territorial, and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, we and/or our service provider may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints. 

1. Data We Receive or Collect from Third Parties
1. Enhancement Data and Other Information.

We may receive data about you from third parties, such as data aggregators, joint marketing partners, third party websites, affiliate programs, service providers, the bank that operates our private label credit card, users who provide us with data about others (i.e. purchasing a gift card for someone else), or other unrelated third parties. We may also supplement the data we collect with outside records from third parties, such as public databases, publicly available social media pages, and third parties who enhance the data we have about you, in order to provide you with information, services or products you have requested, to tailor content, to offer you opportunities to purchase products or services that we believe may be of interest to you, and for other purposes. Please note that if you apply for or utilize a branded credit card from one of our brands, you are providing your data to the bank that administers the credit card, which will share certain data with us. We may combine information about you that we have with data we obtain from third parties. In those cases, we will apply this Privacy Policy to the combined data. The data collected and stored by third parties is subject solely to the third party’s privacy practices.

1. Send-to-a-Friend Features.

We may make available on the Channels a "send-to-a-friend," "refer a friend," "wishlist" or similar function that permits you to send Channel content directly to a third party through the Channels. If you send a friend a communication using such functionality, the information you provide about your friend (e.g., name and e-mail address) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person. If you disclose any personal data relating to other people, you represent that you have the authority to do so and to permit us to use the data in accordance with this Privacy Policy.

1. Data We Disclose to Third Parties.

We may share non-personal data, such as certain Device ID/Interaction Information, hashed or otherwise de-identified or pseudonymized data, and aggregated user statistics, with third parties in our discretion and as permitted by law, including for targeted advertising purposes. We may share the data we have collected about you (including personal data) in the circumstances described below or elsewhere in this Privacy Policy, as disclosed at the time you provide data, or otherwise with your consent.

1. Other Cobranded Partners.

Cobranded partners are entities with whom we work to offer a service or feature. You can typically tell when you are accessing a service offered by a cobranded partner because the cobranded partner’s name will be featured prominently. You may be asked to provide information about yourself to utilize a feature offered by a cobranded partner. In doing so, you may be providing your information to both us and to the cobranded partner, or we may share your data with the cobranded partner to allow you to participate in the feature. Please note that the cobranded partner’s policies will apply to its collection and use of your data, not this policy.

We may also offer scrip programs (which allow you to instruct us to divert a percentage of the amount you spend on purchases to participating schools and other non-profit organizations) or third-party programs that allow you to earn "points" on purchases through a Channel and use the points toward certain rewards offered by the third party program. If we offer this type of program, where MonicaMichelle Boutique is a participating vendor and you choose to participate, you authorize MonicaMichelle Boutique or our payment processor to provide data about your purchases to the company administering the program. In such case, the data we will share with that program administrator may include your name, payment information, the date and amount of your purchase, and other information. Please note that once we disclose this data, the third party company may use and share it with others in accordance with its own privacy policy. We do not control the privacy practices of third parties and you should review the privacy policy of any scrip or other cobranded partner before participating.

1. Unaffiliated Third Parties for Direct Marketing.

We may share personal data with unaffiliated third parties for their own direct marketing and other purposes. You may opt out of our sharing personal data we have collected about you with unaffiliated third parties for their direct marketing purposes as described in the "Updating Your Personal Data" section below.

1. Third Parties Providing Services to Us or on Our Behalf.

We may use third-party service providers to perform certain services on our behalf, such as hosting the Channels or Channel features, delivering packages, processing credit card payments, processing transactions and fulfilling orders, removing repetitive information from customer lists, providing customer service, providing website usage analytics, providing search results and links (including paid listings and links), providing targeted advertising, sending email, direct mail or other communications, providing marketing assistance and data analysis or enhancement, or performing other administrative services. We may give these service providers access to your information (or allow them to collect information from or about you) so that they can carry out the services they are performing for you or for MonicaMichelle Boutique.

Additionally, we may share various information relating to our users and fraudulent or potentially fraudulent activities with our fraud prevention and similar service providers, and they will use this information to help us and their other clients prevent fraudulent and illegal transactions.

1. Business Transfers and Transitions.

In the event MonicaMichelle Boutique goes through a transition (such as a merger, acquisition, bankruptcy or sale of all or a portion of its assets, including, without limitation, during any due diligence process), your data will likely be among the assets transferred. By providing your personal data, you agree that we may transfer such data to the acquiring entity without your further consent.

1. Administrative and Legal Reasons.

MonicaMichelle Boutique reserves the right to use or disclose any data as needed to satisfy any law, regulation or legal request; to protect the integrity of the Channels; to fulfill your requests; to cooperate in any law enforcement investigation, an investigation on a public safety matter, or an investigation into claims of intellectual-property infringement; to protect and defend the legal rights or property of MonicaMichelle Boutique, our parent company, affiliates and shareholders, any Channel or its users, or any other party; or, in an emergency, to protect the health and safety of our users or the general public. This includes exchanging data with other companies and organizations for fraud protection and credit risk reduction.

1. Third Party Advertising and Analytics/Privacy Controls

We may work with network advertisers, ad agencies, analytics service providers, and other vendors to serve our advertisements on our Channels and third-party websites, apps, and elsewhere online and to provide us with data regarding use of and traffic on the Channels (including without limitation the pages viewed and the actions users take when visiting the Channels) and the effectiveness of our advertisements. For example, if you click on an advertisement for MonicaMichelle Boutique, our service provider(s) may be able to tell us the advertisement you clicked on and where you were viewing the advertisement. The advertisements you see may be served by us or one or more third parties, who may use data about your activities on the Channels, and other websites and services you visit across the various devices you use, to provide you targeted content and advertising. Our service providers may collect certain data about your visits to and activity on the Channels and other websites and services and may use this data to target advertising to you.

These third parties may set and access their own tracking technologies on your device (including without limitation cookies and web beacons) and may otherwise collect or have access to information about you (such as Device ID/Interaction Information). Some of these parties may collect personal data over time when you visit the Channels or other online websites and services. Cookies and web beacons, including without limitation those set by third-party network advertisers, may be used to (among other things): target advertisements, prevent you from seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you. We may share certain data such as device identifiers, Device ID/Interaction Information, hashed information, records of transactions you conduct on our Channels or offline, and other types of de-identified or pseudonymized data with third-party advertising companies, analytics providers, and other vendors for advertising and analytics purposes. In addition, we and our third-party service providers may use this data to perform matching with third-party cookies to provide targeted online marketing. If you would like to opt-out of third party advertising and analytics, there are a variety of tools available to you:

• Cookie Opt-Out Tools.To disable sharing through cookies set on our site by third parties for advertising and analytics purposes, please adjust your settings by using our Cookie Management Tool. Please see our Jurisdiction-Specific Rights section below for more information.
• Do Not Track.Do Not Track ("DNT") signals offered by some web browsers are settings that request that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and/or other web services you encounter while browsing to stop tracking your activity. You can learn more about and setup Do Not Track here .
• Global Privacy Controls. Global Privacy Control ("GPC") is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third party online tracking. You can find out more about and set up GPC here .
• NAI/DAA Opt-Out. Some of the companies we use may be members of the Network Advertising Initiative ("NAI") or Digital Advertising Alliance ("DAA"). The NAI provides information regarding targeted advertising and the opt-out procedures of NAI members , including opt-out mechanisms for web browsers, mobile and other connected devices, and a tool to opt out from participating NAI members using your hashed email address for interest-based advertising. You may also want to visit the DAA's website , which provides information regarding targeted advertising and offers an opt-out for DAA-participating companies.
• Mobile Device/AppChoices. Mobile devices may contain settings that allow you to disable tracking advertising and/or analytics. In addition, the digital advertising industry has provided the ability for mobile users to register at AppChoices for their intent not to receive targeted advertising.
• Google Analytics.We use Google Analytics, which use cookies and similar technologies to collect and analyze information about the use of the Channels and report on activities and trends. This service may also collect information about the use of other websites, apps, and online services. You can learn about Google's practices , and opt out of them by downloading the Google Analytics opt-out browser add-on.

Please note that opting out through these mechanisms does not opt you out of being served advertising, and that you will continue to receive generic ads while online. Your opt-out choices are typically browser and device specific; if you disable your cookies, upgrade your browser after opting out or if you use multiple different devices, please opt-out on each device and each browser separately

1. Loyalty Program Disclosures

We provide a loyalty program which provides you with loyalty benefits such as points on your eligible purchases that are redeemable for credit on your purchases, access to exclusive offers, and the ability to maintain wish lists and your order history. This program is subject to termination at any time at our sole discretion. 

Through our loyalty program, we process the following personal data: membership number; points accrued as a loyalty program member; data related to redemption of loyalty points and/or certificates, date of birth ("Loyalty Program Data"). Loyalty Program Data is personal data that would not be collected, processed, sold, or shared if you were not a member of the StyleRewards program. This section discusses our practices in relation only to Loyalty Program Data. We may collect, process, sell, and share other personal data of members and non-members alike, including for targeted advertising, as set forth in other sections of this Privacy Policy.

MonicaMichelle Boutique does not sell for targeted advertising purposes Loyalty Program Data.

The loyalty program does not include loyalty program partners, which is defined as an unaffiliated third party who offers benefits to a company’s loyalty program members. However, the following third parties may receive Loyalty Program Data: advertising and analytics partners, technology systems service providers, security vendors, and other service providers who use your data solely to provide services to us or to you.

Impact of Deletion of Personal Data: If you are a MonicaMichelle Boutique member who is eligible to and chooses to exercise your right to delete your personal data, then your loyalty program account, including the unique membership identification number, any accrued points associated with the account, your contact information, and any other information tied to your membership account will also be deleted. There is no benefit of the loyalty program that can be extended to you after the deletion of your personal data.

• Our program is based on points which accrue to your unique membership identification number based on your purchases. Points are debited based on your point redemptions and returns. Without the ability to relate and track your transactions to the membership identification number that will be deleted as a result of your deletion request, we will be unable to add or deduct points based on your transaction activity, or access any previously accrued points.
• Without your email address, we will be unable to send you member-only offers such as seasonal and exclusives deals.
• Once your unique membership identification number is deleted from our systems, we will be unable to recognize your membership identification number to provide you with access to your order history, wish lists, and other member-only benefits that we may offer from time to time.

1. Your Choices.You may have additional specific rights depending on where you are a resident, please see the Jurisdiction-Specific Rights section below.
1. Preference Center and Marketing Messages from Us.

You may opt-out of (a) commercial email or direct-mail marketing messages from our brand, (b) having your personal data made available to affiliated companies for their direct marketing purposes, and/or (c) sharing of your personal data with unaffiliated third parties for their direct marketing purposes.

In addition, you may opt-out of marketing communications as set forth below.

• Email. You may unsubscribe from marketing emails we send you through the opt-out mechanism included in each such email. Note, however, that we reserve the right to send you certain communications relating to your use of the Channels, notices of changes to this Privacy Policy or other terms, or similar administrative and transactional messages.
• Text Messages. If you sign up to receive SMS, MMS or RCS messages from MonicaMichelle Boutique, you may unsubscribe by replying "STOP" to the short code.
• Push Notifications. We may send promotional and non-promotional push notifications or alerts to your mobile device. You can elect to stop receiving those messages at any time by changing the notification settings on your mobile device.
1. Data Privacy Choices.
• Opt-Out of Targeted Advertising - MonicaMichelle Boutique engages in online advertising practices (and certain analytics or similar activities) that may be considered "targeted advertising" under certain states’ laws. To disable sharing through cookies set by third parties that may be considered targeted advertising under such laws, please visit our Cookie Preference Center here. Please also review the Third Party Advertising and Analytics/Privacy Controls section above for information on industry tools and device settings that may be available to you.
• Accessing and Updating Your Personal Data.The Channels may contain webpages or applications through which you can correct or update some of the personal data you have provided (such as via an online account) or through which you may be able to unsubscribe or modify the email newsletters or similar communications we send to you. If you have an online account, you are responsible for maintaining and updating, as applicable, your account registration data with current, accurate, and complete information. 

All registered users of a Channel have the right to request the removal of certain content that (they have publicly posted on the Channel. A user can request that we remove content (s)he has previously posted by contacting us using the information listed in the "Contact Us" section below. When submitting a request, please be sure to include your full name, email address, and information sufficient to permit us to locate the User Submission(s) for which you are requesting removal (e.g., for product reviews, a URL of the product page and the username under which you posted your review). In some cases, we may remove only your personal data, but maintain the rest of your User Submission. Note that any removal of your public postings in accordance with these procedures does not ensure complete or comprehensive removal of the content or information you posted, which may persist in archival records or may have been copied by third parties while publicly accessible. Note that if you have submitted your post to a third party (such as a product review), you may need to request removal from that third party. MonicaMichelle Boutique will make requested changes in our active databases as soon as reasonably practicable. Note, however, that we may retain data that you have updated or changed for internal or administrative purposes. Public postings that you have made (if any) will generally not be removed when updating or deleting your registered account (unless you also follow the procedure for removing such posts as described above).

1. Security

We employ commercially reasonable security methods and technologies to help secure your personal data, including physical, technological, and organizational protections. However, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Channels and provide us with information at your own initiative and risk.

1. Third Party Links & Content

The Channels may link to or incorporate websites, advertising or content hosted and served by third parties over which we have no control, and which are governed by the privacy policies and business practices of those third parties, including the bank that operates our private-label credit card programs. MonicaMichelle Boutique is not responsible for the privacy practices or business practices of any third party.

1. Consent to Transfer and Storage in the United States

MonicaMichelle Boutique is a United States company. Please be aware that data we collect will be transferred to and processed in the United States and other countries. By using the Channels, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your data in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this data may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. Your data will also be disclosed to third parties as described in the "Personal, Sensitive, and Non-Personal Data We Collect and How We Use and Disclose It" section above.

1. General Audience Sites

Our Channels are intended for a general audience and are not intended for use by or targeted to children younger than the age of 18. We do not knowingly collect personal data from children younger than the age of 18. If you are the parent or legal guardian of a child younger than age 18 and believe that we have inadvertently collected personal data from your child, please contact us using the information in the "Contact Us" section below.

1. Changes to This Privacy Policy

To the extent permitted by applicable law, we reserve the right to change or modify this Privacy Policy at our discretion at any time. We will notify you of material changes by posting the changed or modified Privacy Policy on our Channels. We may also provide notice to you in other ways, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Channels after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will, to the fullest extent permitted by applicable law, constitute your consent to those changes. However, we will provide notice and obtain your consent (opt-in or opt-out) if required by law. Note that you may need to consent to our new policies to continue using the Channels and our services.

 

1. Jurisdiction-Specific Rights.

As set forth below, residents of certain U.S. states and other countries may have the ability to exercise additional rights and choices regarding their personal data. We will take reasonable steps to accommodate your request, but may need to verify your identity before doing so. If you are a resident of a U.S. state with specific rights, please see additional information directly below.

1. U.S. State-Specific Rights
• Colorado, Connecticut, Utah, and Virginia. We set forth above the categories of personal data we process, the purpose for processing personal data, the categories of personal data shared, and the categories of third parties with whom personal data is shared. Residents of Virginia, Colorado, Connecticut, and Utah have certain privacy rights with respect to this data, as described below.

Exercise Your Rights: If you are a Consumer residing in one these states (as defined in each state’s respective law) and would like to exercise your applicable, please contact us using the Contact Us form to submit a request.

• Access Your Personal Information/Obtain Your Personal Information/Data Portability (CO, CT, UT, VA Residents) – You have the right to confirm whether we are processing your personal data and request to access such data, obtain a copy of the personal data previously provided by you to us and, to the extent feasible, in a readily usable format to allow data portability.
• Delete Your Personal Information(CO, CT, UT, VA Residents) – You have the Right to Delete your personal data.
• Correct Your Personal Information (CO, CT, VA Residents) – You have the Right to Correct the personal data we hold about you.
• Sensitive Data –If you are a Virginia, Colorado, or Connecticut resident, we will obtain your consent to the processing of any Sensitive Data (as defined by the applicable state law) we collect. If you are a resident of Utah, we will notify you at or before the time of collection of Sensitive Data (as defined by Utah law) and provide you an opportunity to opt-out of the processing.
• Opt-Out of Sales of Your Personal Data and Targeted Advertising (CO, CT, VA, UT Residents) – You have the right to opt out of the sale of your data. MonicaMichelle Boutique does not sell personal data to third parties for monetary compensation, as defined by Virginia and Utah laws and therefore does not offer this opt-out right to residents of Virginia or Utah. Colorado and Connecticut laws define "sale" broadly to include sharing for monetary or other valuable consideration. If you are a Colorado or Connecticut resident and would like to opt out of the sale of your personal data, please make a request using the methods to exercise your rights listed above. Please note, submitting your request by phone or web form will only opt you out of offline sale practices.
• Cookie Based Opt Outs for Sale and Targeted Advertising. MonicaMichelle Boutique engages in online advertising practices (and certain analytics or similar activities), which may be considered a "sale" as defined under CO and CT law and "targeted advertising" under VA, CO, CT and UT state laws. You may opt out of cookies set by third parties that may be considered "sales" and "targeted advertising" by adjusting your cookie settings using our Cookie Preference Center. Please also review the Third Party Advertising and Analytics/Privacy Controls section above for information on industry tools and device settings that may be available to you.
• Opt-Out of Profiling in furtherance of legal or similarly significant effects (CO, CT, VA) – MonicaMichelle Boutique does not process your personal data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects as defined under the CPA, CTDPA, or VCDPA.
• Right to Appeal (CO, CT, VA Residents) – If, for any reason, you would like to appeal our decision relating to your request and you are a resident of Colorado, Connecticut, or Virginia, you have the right to submit an appeal and can do so using the methods to exercise your rights listed above. Please include your full name, the basis for your appeal, and any additional information to consider.
• Authorized Agents Submitting Opt-Out Requests for Sales and Targeted Advertising (CO and CT Residents) – If you are an authorized agent submitting a request to opt-out of sales or targeted advertising on behalf of a Colorado or Connecticut resident, please submit the request pursuant to the above instructions. We may require documentation to authenticate the resident’s identity and that you are authorized to submit the request on the resident’s behalf in order to be able to fulfill your request. Please keep in mind that if we cannot authenticate that you are authorized to act on the resident’s behalf or we cannot authenticate the resident’s identity, we may deny the request.
• Nevada.If you are a Nevada resident, please note that we do not sell your personal data (or "covered information") as defined in Nevada S.B. 220. However, if you are a Nevada resident, you may still submit an opt-out request, and if our practices were to change in the future, we would honor your request. Your request to opt out of the sale of your covered information must be submitted via our Contact Us form. Your request must include your full name, street address, city, state, zip code, and a valid email address so that we can contact you if needed regarding your request. If you previously provided a phone number, including it will assist us in making sure we identify you as someone who wants to opt out. You may be required to take reasonable steps as we determine from time to time to verify your identity and/or the authenticity of your request
• California.If you are a California resident, please see our NOTICE TO CALIFORNIA RESIDENTS for additional information about your privacy rights and how to exercise them.

Legal Basis for Data Processing

We process Personal Data for the purposes set out above in our Privacy Policy. Our legal basis to process Personal Data includes processing that is:

• necessary for the performance of a contract between us (for example, to provide you with products and services you request and to identify and authenticate you so you may use the Channels);
• necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement);
• necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Channels and our services); and
• based on consent by our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time by contacting us (using the contact instructions below) without affecting the lawfulness of processing based on consent before its withdrawal.

 

 

1. California Privacy Notice

NOTICE TO CALIFORNIA RESIDENTS

1. CALIFORNIA PRIVACY NOTICE

This California Privacy Notice is updated and effective as of November 19, 2023.

This notice supplements our Privacy Policy and applies only to California residents. This California Privacy Notice sets forth the disclosures and rights for California Consumers regarding their Personal Information, as required by the California Consumer Privacy Act of 2018 ("CCPA"), the California Privacy Rights Act of 2020 ("CPRA"), and any implementing regulations adopted thereunder. Terms (including defined capitalized terms) used in this California Privacy Notice have the same meanings given in the CCPA and CPRA and the associated regulations, unless otherwise defined.

EXERCISING YOUR RIGHTS

California Consumers have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you ("Right to Know") (2) that we delete the Personal Information we collect about you ("Right to Delete"); (3) that we correct inaccurate Personal Information we hold about you ("Right to Correct"), (4) to opt-out from the sharing of your Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising) ("Right to Opt-Out of Sharing"), and (5) to opt-out from the sale of their Personal Information ("Right to Opt-Out of Sale"), all subject to exceptions set forth in the CCPA and CPRA. More information on each of these rights is below.

In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate, and respond to it. We can’t respond to your request if we can’t verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity.

Verifying Your Requests

We will take reasonable steps to verify your identity based upon the information you provide and the type of request you are making.

When you exercise your Right to Know, Right to Delete, and/or Right to Correct, we may ask that you provide us with information, beyond your full name, to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.

Agents

If you are an authorized representative submitting a request on a user’s behalf, please complete the applicable request per the instructions below.. Alternatively, you may submit a copy of a power of attorney under Probate Code sections 4000-4465. In either case, please also indicate in your email the nature of your request. The consumer’s identity, in addition to your own, will need to be independently verified for us to fulfill your request. We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the consumer’s behalf, we may deny the request.

Right to Know

California Consumers have the right to know what information we have collected about you (the categories and the specific pieces of information).

If you are a California Consumer and would like to exercise your Right to Know, please submit your request through our Contact Us form.

To have us provide specific pieces of information, we will require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

Right to Delete

California Consumers have the right to request that we delete information we have collected from you. If you are a California Consumer and would like to exercise your Right to Delete, please submit your request via our Contact Us form.

Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.

Right to Correct Inaccurate Information

California Consumers have the right to request that we correct inaccurate information we hold about you. If you are a California Consumer and would like to exercise your Right to Correct , please submit your request via our Contact Us form.

Do Not Sell or Share

Right to Opt-Out of Sharing

California Consumers have the right to opt-out of the sharing of your Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising), whether or not for monetary or other valuable consideration. If you are a California Consumer and would like exercise your Right to Opt-Out of Sharing, please submit your request via our Contact Us form.

Right to Opt-Out Of Sale

California Consumers have the right to opt-out of the sale of your Personal Information. If you are a California Consumer and would like to exercise your Right to Opt-Out of Sale, please submit your request via our Contact Us form.

Other Important Information for Do Not Sell or Share

MonicaMichelle Boutique engages in online advertising practices (and certain analytics or similar activities), which may be considered a "sale" or "share" for cross-context behavioral advertising under the CCPA and CPRA. To disable sharing through cookies set by 3rd parties that may be considered "sales" or "sharing" under the CCPA and CPRA, click here: Cookie Management Tool

In addition, the Digital Advertising Alliance also offers tools for California consumers to send requests under the CCPA and CPRA to opt out of the sale of personal information by some or all of the participating companies https://www.privacyrights.info/.

Right to Limit the Use and Disclosure of Sensitive Personal Information

Under the CPRA Regulations, a business must only provide the Right to Limit the Use and Disclosure of Sensitive Personal Information when such use is not collected or processed for the purpose of inferring characteristics about a consumer, or does not fall under certain statutory exceptions, pursuant to CPRA §1798.121. MonicaMichelle Boutique's use and disclosure of Sensitive Personal Information is not used for such purpose and/or falls within the statutory exceptions, and we therefore do not offer this right at this time.

Data Retention

MonicaMichelle Boutique will not retain Personal Information for longer than is reasonably necessary for each disclosed purpose outlined in this California Privacy Notice and our Privacy Policy, and as otherwise needed to address tax, corporate, compliance, litigation, and other legal rights and obligations. MonicaMichelle Boutique retains all categories of personal information described in this California Privacy Notice: (1) for as long as you have an account with us and while you continue to use or visit any of the Channels; or (2) for as long as it is reasonably necessary for the purposes set out in this Privacy Policy, considering the time period reasonably necessary to provide the Channels and our services to you; exercise the choices and rights you have requested; comply with our contractual obligations; enforce our terms for use of the Channels; and comply with legal and regulatory requirements.

Users Younger than 16
We do not knowingly sell or share Personal Information of users younger than 18 years of age.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
California consumers have the right to not receive discriminatory treatment for exercising CCPA and CPRA rights. We will not discriminate against you for exercising your CCPA and CPRA rights.

Notice of Finance Incentive
Under California regulation, certain aspects of our loyalty and similar programs, which provide benefits to consumers, may be considered a financial incentive program. We collect personal information from you in connection with our loyalty program, e.g. contact information (name, email address, residential address) and commercial information (like purchase history) for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program.

To opt into our loyalty or similar programs, as set forth herein you will need to provide certain information, register for an account and agree to the applicable program terms, or otherwise follow the instructions associated with the loyalty or other similar programs. Participation in our loyalty or other similar programs is voluntary and you can withdraw at any time.

To the extent that we provide programs that may be considered a financial incentive because the program is directly or reasonably related to the collection, deletion or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.

PERSONAL INFORMATION WE COLLECT

The Personal Information we collect about you will depend upon how you use our Channels or otherwise interact with us. Accordingly, we may not collect all the below information about you.

In addition to the below, we may collect and/or use additional types of information and will do so after providing notice to you and obtaining your consent to the extent such notice and consent is required by the CCPA and CPRA.

Contact for More Information

You can contact us for more information or if you have any questions about any of these rights using our Contact Us form.