PRIVACY NOTICE

Last updated April 01, 2022

This Privacy Notice for Sean John ("Company," “Sean John,” "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:

  • Visit our website at http://www.seanjohn.com, or any website of ours that links to this privacy notice (“Site”);
  • Engage with us in other related ways, including via email, phone, text/SMS message or at any sales, marketing, or events

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. Our Site and Services are only available for use on the condition that you agree to tis Privacy Notice and our Terms of Use (“Terms”). If you do not agree with tis Privacy Notice and our Terms, you may not use our Services. If you access or use the Site or Services, you and the entity you are representing, as applicable, signify your agreement and consent to be bound by this Privacy Notice and our Terms. If you still have any questions or concerns, please contact us at privacy@seanjohn.com.

 

SUMMARY OF KEY POINTS

This summary provides key points from this  Privacy Notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. You can also click here to go directly to our table of contents.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with the Site and/or the Services, the choices you make, and the products and features you use. Click here to learn more.

Do you receive any information from third parties? We do not receive any information from third parties.

How do you process my information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Click here to learn more.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Click here to learn more.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Click here to learn more.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Click here to learn more.

How do I exercise my rights? The easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what Sean John does with any information we collect? Click here to review the notice in full.

 

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION AND YOUR RIGHTS?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DATA RETENTION
12. DO WE MAKE UPDATES TO THIS NOTICE?
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

 

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

  • name
  • email address
  • whether you are above a certain age
  • mobile device number

By continuing to use our Site and/or by interacting with our Services you verify that all personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information Automatically Collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. We do not use information that is automatically collected to make inference about you or build a profile about you by combining with other information we obtained about you, nor is the location information we obtained able to identify you with reasonably specificity.

Like many businesses, we collect information through automated means, such as cookies and similar technologies (collectively “Cookies”). A cookie is a small file that is placed on the user's hard drive during a visit to the Site or to access the Services. This file allows the user to move quickly and easily around the Site or to access the Services. It is used to identify a user and tracks a user's session, providing information that the system uses to efficiently manage your use of the Site or to access the Services.
Your web browser may be set to accept cookies automatically but can be changed to decline them. Please note that if you decline to accept cookies, this may mean you may not be able to take full advantage of the Site or to access the Services.

To help you understand what types of Cookies we use, we use the following classification of Cookies:

  • Duration: Cookies can be “persistent” or “session” based. Persistent cookies remain on your computer or mobile device after your browser is closed. Session cookies are deleted automatically once your browser is closed.
  • Category: First party cookies are served directly by us to your computer or mobile device. Third-party cookies are served by a third party on our behalf.

We and our service providers may use cookies and other tracking technologies to:

  • Administer the Services
  • Enhance user experience
  • Analyze Services usage and trends
  • Track users' movements around the Services
  • Gather demographic data about users
  • Deliver advertisements and other marketing communication
  • Perform analytics and marketing integration

On our Site, we use the following types of cookies and other tracking technologies:

  • Session and persistent: We and our service providers use session and persistent cookies. Session cookies exist only during one session. They disappear when you close your browser, restart, or turn off your device. Persistent cookies remain on your device after you close your browser, restart, or turn off your device.
  • Transactional and functional: We use cookies that are necessary for our Site and Services to run, including optimizing or powering features on the Site and Services and helping us identify irregular or fraudulent behavior on the Site and Services.
    • Server Logs: We and our service providers use cookies and other tracking technologies to collect and store your IP address and device data in server logs to support the functionality of the Site and Services and provide information to you that is relevant and error free.
    • Device Identifiers: When you access the Site or Services through a mobile device, we and our service providers may access, collect, monitor and/or remotely store device identifiers. These are small data files stored on or associated with your device. This may be used to help you log in faster and enhance your navigation of the Site and Services.
    • Transaction Identifiers: When you use the Site and Services, we and our service providers may access, collect, or store transaction identifiers, an internal identification number that we assign to our customers. This helps us understand and review your transactions.
  • Marketing and advertising. We and our service providers use cookies and other tracking technologies to market products or services, monitor which ads have been served to your browser, which webpages you were viewing when such ads were delivered, and provide you advertising based on your browsing activities and interests.
  • Analytics and integration. We and our service providers use third party analytics and marketing integration services such as Google Analytics to track and optimize our Site and Services’ performance and marketing activities.
  • Google Analytics and Opt-out: Google Analytics uses first-party cookies to collect information about how users use our Site and Services. This information is used to compile reports and to help us improve our Site and Services. The reports disclose website trends without identifying individual visitors. For more information on Google Analytics, please visit: https://policies.google.com/technologies/partner-sites. You can opt out of Google Analytics without affecting how you visit our Sites. For more information on how to opt out of Google Analytics tracking across all websites you use, visit: https://tools.google.com/dlpage/gaoptout.
  • Facebook Pixels and Ad Preferences: For more information about Facebook pixels and how to modify your settings to restrict seeing certain types of ads on Facebook based on your activity on other websites, please visit https://www.facebook.com/help/568137493302217 and modify your ad settings.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Site and Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

  • To deliver our Services
  • To provide the information, products or services you requested, and provide information concerning those products or services
  • To provide the information, products or Services you requested
  • To customize our communications to you
  • To fulfill any other purpose for which you provide it or that was provided to us
  • Present the Site and the contents of the Site to you
  • To improve our Site and Services
  • To determine your level of engagement with our Site and Service
  • To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below).
  • To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
  • To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
  • To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.
  • To address or monitor security concerns including in the prevention, detection, mitigation, and investigation or fraud, security breaches, or other potentially prohibited or illegal activities and/or attempts to interfere with the Site or Services or to harm others
  • To comply with governmental regulations or to respond to a subpoena or other governmental, court, administrative, Member State, Supervisory Authority or other legal requirement
  • To monitor and improve the information security of our Site and Services
  • To hire, train and/or manage our staff/employees
  • For any other purpose communicated at the time of collection and if required by law for which consent has been obtained

 

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are an EU or UK resident, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

  • Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Click here to learn more.
  • Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
  • Send users information about special offers and discounts on our products and services
  • Develop and display personalized and relevant advertising content for our users
  • Support our marketing activities
  • Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
  • Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

 

If you are a Canadian resident, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. Click here to learn more.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

  • If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
  • For investigations and fraud detection and prevention
  • For business transactions provided certain conditions are met
  • If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
  • For identifying injured, ill, or deceased persons and communicating with next of kin
  • If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
  • If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
  • If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
  • If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
  • If the collection is solely for journalistic, artistic, or literary purposes
  • If the information is publicly available and is specified by the regulations

 

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, bankruptcy, financing, or acquisition of all or a portion of our business to another company.
  • For business purposes. We may share your personal information with service providers, third parties, including our data hosting and data storage partners, analytics, technology services and support, and data security. We also may share personal information with professional advisors, such as auditors, law firms, and accounting firms. In the event we share your personal information for business purposes with services providers or third parties, we will only do so pursuant to a contract with those service providers or third parties that requires them to protect your personal information in accordance with applicable law.
  • With your direction or consent. We may share your personal information with third parties if you request or direct us to do so. This includes your use of social media widgets on our Site.
  • With affiliates within our corporate group. We may share your personal information with any subsidiaries within our corporate group.
  • Compliance with law. We may share your personal information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.

For other business reasons. We may share your personal information to enforce this Policy or our Terms and to ensure the safety and security of our Site, Services and/or our users.

 

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

 

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 1 year.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

 

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions/states, such as the European Economic Area (EEA), United Kingdom (UK), Canada and California, you have rights that allow you greater access to and control over your personal information. Regardless of where you reside, you may review and change your information at any time.

In some regions/states (like the EEA, UK, Canada, and California), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.

We will consider and act upon any request in accordance with applicable data protection laws.

Your Rights If You Reside in the EEA or UK

If you are an EEA or UK resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal information. In certain circumstances, you have the following data protection rights:

• Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you where we are the data controller and to check that we are lawfully processing it.

• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons, which will be explained to you, if applicable, at the time of your request.

• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal information, which override your rights and freedoms.

• Request that we restrict the processing of your personal information. This enables you to ask us to temporarily stop  the processing of your personal information in the following scenarios: (a) if you have concerns about the accuracy of your information and want to have it rectified; (b) where you believe our use of your information may be  unlawful but you do not want us to erase it; (c) where you need us to hold the information for the purposes of defending or exercising your rights with respect to a legal claim even though we may no longer need it; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to keep it.

• Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• Withdraw consent at any time where we are relying on consent to process personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact details below or click this link and follow the instructions to submit the linked form so that we may process your request.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure designed to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 Additionally, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States.

Also, users in the EU/EEA may object to processing for marketing purposes at any time. If an EEA user does object, we will stop processing personal information for marketing purposes, but will still process for other purposes, e.g., the performance of a contract or other legitimate interest unless otherwise properly objected to.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying “STOP” or “UNSUBSCRIBE” to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/

If you have questions or comments about your privacy rights, you may email us at privacy@seanjohn.com.

Your Rights if You Reside in Canada

This section provides additional information regarding the use of personal information about Canadian residents and the process to be followed in order to send unsolicited electronic communications to them, and our responsibilities under Canada’s Anti-Spam Legislation (CASL).

For the purposes of this section:

• Commercial activity: Any transaction of commercial character, regardless of whether there is an expectation of profit or not.
• Commercial electronic message (“CEM”): CEMs are commercial electronic messages that encourage participation in commercial activity. Even if a commercial message is not sent    with an expectation of garnering profit, it still qualifies as a CEM.
• Electronic address: An address used in connection with the transmission of an electronic message to an electronic mail account, and instant messaging account, a telephone account or similar account.
• Electronic message: A message sent by any means of telecommunication, including text, sound, voice or image.
• Express consent: Permission obtained when a recipient “opts in” to receive CEMs. Consent can be oral or written and could be an unedited audio recording, paper or electronic checkbox on a website. Express consent never expires unless the recipient chooses to unsubscribe. We will maintain records of all contacts for whom express consent exists.
• Unsubscribe: A withdrawal of consent to receive CEMs

By submitting forms to us that provide your electronic address, you are granting us express consent to send you CEMs. You may unsubscribe via the link found at the bottom of every electronic message.

All partners, employees, contractors, vendors and any other person sending CEMs on behalf of us will ensure that all such CEMs contain:

• Full contact information. This includes the sender’s first name, last name, title, company name, company mailing address, direct telephone number, electronic address and company web address.
• Information enabling you to contact us and, if the CEM is sent on behalf of another party, the name of this party and the sender, in addition to the information listed above.
• An unsubscribe link that is clearly visible and that is valid for at least 60 days. The unsubscribe mechanism that will be provided to users via this link will be simple, quick and easy for the user to perform.

Unsubscribe Requests:  All unsubscribe requests will be managed within 10 days of receipt. Partners, employees, contractors, vendors, and any other person sending CEMs on behalf of us will not send an unsubscribed party any further communications by electronic means.
 
When we plan to introduce significant changes to its privacy practices, we will notify Canadian-resident users and obtain their consent prior to the changes coming into effect. Significant changes include using personal information for a new purpose not anticipated originally or a new disclosure of Personal Information to a third party for a purpose other than processing that is integral to the delivery of a service. This Section provides additional information regarding the use of Personal Information about Canadian residents and the process to be followed in order to send unsolicited electronic communications to them, and our responsibilities under CASL.

For the purposes of this section:

• Commercial activity: Any transaction of commercial character, regardless of whether there     is an expectation of profit or not.
• Commercial electronic message (“CEM”): CEMs are commercial electronic messages that encourage participation in commercial activity. Even if a commercial message is not sent with an expectation of garnering profit, it still qualifies as a CEM.
• Electronic address: An address used in connection with the transmission of an electronic message to an electronic mail account, and instant messaging account, a telephone account or similar account.
• Electronic message: A message sent by any means of telecommunication, including text, sound, voice or image.
• Express consent: Permission obtained when a recipient “opts in” to receive CEMs. Consent can be oral or written and could be an unedited audio recording, paper or electronic checkbox on a website. Express consent never expires unless the recipient chooses to unsubscribe. We will maintain records of all contacts for whom express consent exists.
• Unsubscribe: A withdrawal of consent to receive CEMs

By submitting forms to us that provide your electronic address, you are granting us express consent to send you CEMs. You may unsubscribe via the link found at the bottom of every electronic message.

All partners, employees, contractors, vendors and any other person sending CEMs on behalf of us will ensure that all such CEMs contain:

• Full contact information. This includes the sender’s first name, last name, title, company name, company mailing address, direct telephone number, electronic address and company web address.
• Information enabling you to contact us and, if the CEM is sent on behalf of another party, the name of this party and the sender, in addition to the information listed above.
• An unsubscribe link that is clearly visible and that is valid for at least 60 days. The unsubscribe mechanism that will be provided to users via this link will be simple, quick    and easy for the user to perform.

Unsubscribe Requests:  All unsubscribe requests will be managed within 10 days of receipt. Partners, employees, contractors, vendors and any other person sending CEMs on behalf of us will not send an unsubscribed party any further communications by electronic means.

When we plan to introduce significant changes to its privacy practices, it will notify Canadian-resident users and obtain their consent prior to the changes coming into effect. Significant changes include using Personal Information for a new purpose not anticipated originally or a new disclosure of Personal Information to a third party for a purpose other than processing that is integral to the delivery of a service.

Residents of California, Nevada, and Utah

We do not disclose a user’s personal information to any third party for such third-party’s direct marketing purposes. Nevada S.B.220 allows Nevada residents to opt-out of the sale of their personal information now in the event we change our Privacy Nevada in the future.  If you are a Nevada resident we want you to know that, in the event we sell your Personal Information, you will have choices and can opt-out and can effect them by contacting us. This may prevent or restrict your use of the Site or the Services in the future.

Email Communications

You may provide us with your email address for the purpose of allowing us to communicate with you, which may include to send newsletters, surveys, offers, and other materials related to our products and services. You may opt out of receiving these marketing communications from us by following the instructions in those communications (such as by using an “unsubscribe” link in an email you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-marketing communications, such as about our ongoing business relations.

Phone/Text/SMS Communications

With your consent, we may collect text/SMS information to communicate with you via phone, text and/or SMS. Electronic communication is the most effective and timely way to provide the users of the Site and services with any optional or required notifications and disclosures. In some circumstances, however, applicable laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by texting “STOP” in response to a text message you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

For users in the United States, through this Privacy Notice, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, you may contact us. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with internet access and an email account. You may opt out of receiving these promotional communications from us by following the instructions in those communications (such as by texting “STOP” in response to a text message you receive) or by contacting us at the contact information provided above. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

 

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below and include the subject “California Privacy Rights” somewhere in your request.
 You are limited to one request under the Shine the Light law per year.

If you are under 18 years of age and reside in California, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

If there is a “YES” in the “Collected” column, that means we have collected that category of personal information in the past twelve (12) months or at any point since January 1, 2022:

 

Category

Examples

Collected

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name

NO

B. Personal information categories listed in the California Customer Records statute

Name, contact information, education, employment, employment history, and financial information

YES

C. Protected classification characteristics under California or federal law

Gender and date of birth

NO

D. Commercial information

Transaction information, purchase history, financial details, and payment information

NO

E. Biometric information

Fingerprints and voiceprints

NO

F. Internet or other similar network activity

Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements

YES

G. Geolocation data

Device location

YES

H. Audio, electronic, visual, thermal, olfactory, or similar information

Images and audio, video or call recordings created in connection with our business activities

NO

I. Professional or employment-related information

Business contact details in order to provide you our services at a business level or job title, work history, and professional qualifications if you apply for a job with us

NO

J. Education Information

Student records and directory information

NO

K. Inferences drawn from other personal information

Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

YES



We may also collect other personal information outside of these categories instances where you interact with us in person, online, or by phone or mail in the context of:

  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this Privacy Notice.

You may contact us by email at privacy@seanjohn.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

We do not sell your personal information?

We do not sell, rent, lease, or otherwise gain any type of compensation for sharing your personal information with anyone else or any third party and have not in the last 12 months or at any time since January 1, 2022.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers or third parties pursuant to a written contract between us and each service provider or third party. Each service provider or third party is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

Sean John has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Sean John will not sell personal information in the future belonging to website visitors, users, and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know

Depending on the circumstances, you have a right to know:

  • whether we collect and use your personal information;
  • the categories of personal information that we collect;
  • the purposes for which the collected personal information is used;
  • whether we sell your personal information to third parties;
  • 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; and
  • the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA. To submit a request, please click this link, have your designated representative click this link or email us at privacy@seanjohn.com. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the Personal Information on. These rights are also subject to various exclusions and exceptions under applicable laws. 

You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above rights on your behalf.  The authorized agent may submit a request to exercise these rights by emailing us.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13 as we do not collect personal information from any person under the age of 13.

We will respond to your request within 45 days after receipt of a Verifiable Consumer Request for a period covering 12 months and for no more than twice in a twelve-month period.  We reserve the right to extend the response time by an additional 45 days when reasonably necessary and provided consumer notification of the extension is made within the first 45 days.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Other privacy rights

  • You may object to the processing of your personal information.
  • You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
  • You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

To exercise these rights, you can contact us by email at privacy@seanjohn.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

 

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

 

11. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION?

We only collect and process personal information that we need to perform the services, including communicate with you, process an order or as otherwise described in this Privacy Notice. We have adopted policies that require us to delete or anonymize all data that are no longer required for the performance of these functions.

 

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We reserve the right, at our discretion, to change, delete, and update this Privacy Notice and any other policies that govern or relate to the Site and/or the Services at any time, for any reason, and in our sole discretion. We also reserve the right to discontinue the Site, any portion of the Site, any part of the Services, and/or to terminate your access to or use of the Site or our Services. It is your responsibility to periodically review this Privacy Notice for changes. Any amendments and modifications by us will be prospective, and unless otherwise provided in this Privacy Notice, will be effective upon being posted on the Site. This Privacy Notice can be accessed from the link at the bottom of web page accessible at the Site. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

 

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at privacy@seanjohn.com or by post to:

Sean John
9200 Sunset Blvd
West Hollywood, CA 90069 USA

 

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email us at privacy@seanjohn.com submit a request form by clicking here.