Last Updated: 11/16/2021
Introduction
This policy (“Privacy Policy”) describes the practices of Pencil, Inc. (“Pencil” “Company,” “we” or “us”) for collecting, using, maintaining, and disclosing information that we collect from you or that you provide to us when you visit our website beautifulpencil.shop (our “Site”), or use any other products or services made available by us (collectively with the Site, the “Services”).
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. The use of information collected through our Services shall be limited to the purposes described under this Privacy Policy and our Terms of Use located at beautifulpencil.shop (or other relevant customer contracts). By accessing or using the Services, you agree to this Privacy Policy. If you are using the Services on behalf of an entity, you are agreeing to this Privacy Policy for that entity and are representing to us that you have the authority to do so (in which case “you” will refer to that entity). If you do not agree with our policies and practices, your choice is not to use the Services.
This Privacy Policy may change from time to time. If we make any changes, we will post the changes on this page and indicate at the top of this page the date the policy was last revised. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new policy.
Information We Collect and How We Collect Information
The information we collect from you falls into two categories: personally identifiable information (e.g., your name and e-mail address) (“Personal Information”) and non-personally identifiable information (i.e., information that cannot be used to identify who you are) (“Non-Personal Information”). The Personal Information we collect includes your name, e-mail address, mailing address, phone number and credit card information. Below are the various ways in which we may collect Personal Information and Non-Personal Information from you.
Information You Provide
- Purchases: If you purchase our Services, we may request certain Personal Information to facilitate payment and delivery of the products you purchase. Financial information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database. User Accounts: We will collect and store the information you provide to us if you create an account. You do not have to share this information with us, but without it you may not be able to access certain features or participate in certain aspects of the Services.
- Publicly Posted: If you post information on public areas of the Site or on any site through which our Services are offered and sold (e., comments or blog), that information is visible to and may be collected, stored and used by anyone. By posting information, you agree that you have obtained all necessary consents to make such information public and that doing so will not violate any laws. If you remove information that you have made public through or related to our Services, copies may remain viewable in cached and archived pages of our Services or if other users have copied or saved that information. We are not responsible for the actions of any third parties with whom you share Personal Information.
- Contacts: If you contact us by phone, email, instant message, live chat, social media, or by some other means, or if you sign up for our newsletter, we may keep a record of your contact information and the correspondence. When we send you emails, we may also track whether you open them to determine how to deliver more helpful emails and improve our Services.
- Referrals: In addition, if you wish to use our referral service to tell a friend about us, we will ask you for your friend’s name and e-mail address. We will automatically send your friend a one-time email inviting him or her to visit the Site. We will not retain your friend’s information.
Information We Automatically Collect
If you use our Services, we may collect information about how you use and interact with the Services. We and third-party service providers acting on our behalf, which may include third-party analytics service providers and third-party advertisers, may incorporate technology such as “pixel tags,” “web beacons,” and “cookies” that allow us to track the actions of users of our Services automatically.
- Cookies are small bits of information that are stored by your computer’s browser. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain online products, services or features on the Services.
- Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.
For example, we may automatically collect information about your location, your internet connection, your browser, when you access the Services, the website address that linked you to our Site, the website that you visit after using our Services, and details of how you used our Services, such as how often you used our Services and which features of the Services you used.
Text Marketing and Notifications
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 20 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
Third-Party Information Collection
When you use the Services, certain third parties may use cookies or other automatic information collection technologies to collect information, including Personal Information, about you and your online activities over time and across different websites. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics. The information collected and stored by third parties remains subject to their policies and practices. We do not control these third parties’ tracking technologies or how they may be used.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including Personal Information, to measure usage of the Services, to analyze the effectiveness of our Services, to conduct research, to improve and enhance functionality of the Services, to provide support for the Services and respond to requests and inquiries, to provide you with notices, such as updates or changes that we may make to the Services, to provide you with our newsletter and to market and advertise the Services, including through promotional e-mail messages, directly or in partnership with other parties, and by displaying our advertisements on other websites that you visit or use. We may also use this information to offer you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as behavioral advertising).
We may from time to time aggregate information in certain data analysis, reports, or other interpretations of trends for both internal and external purposes.
Personal Information will be retained only for as long as it serves a purpose consistent with the expectations of the reasonable user given the context of the collection. Non-Personal Information may be stored indefinitely.
Disclosure of Your Information
We may disclose your Personal Information and Non-Personal Information to service providers or other third parties, such as vendors, technical agents, subcontractors and consultants, to perform certain business-related functions that help make the Services and our offerings available and functional, including, but not limited to design services, installation services, web site hosting, data analysis and metrics services, maintenance and technical services, customer service and support, email delivery services, payment processing, shipping services, infrastructure services and to help us in our marketing efforts, including managing and delivering contextual and tailored advertisements.
We may also use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. We do not actively share Personal Information with third-party advertisers for their direct marketing purposes unless you give us your consent. In addition, we may disclose your Personal Information and Non-Personal Information to a buyer or other successor as part of a merger, acquisition, change of control or other similar business transfer, to government body or other third party if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, or in specific other cases with your consent.
We may disclose aggregated user statistics and other data with our affiliates, agents and current or prospective business partners. This aggregate information does not personally identify you.
The Services may allow you to post information to various third-party services or platforms, such as social networking services like Instagram, Twitter and Facebook. You acknowledge that if you choose to use this feature, your friends, followers and subscribers on these third party services or platforms will be able to view such activity. The use of the information by such social networking websites will be governed by their privacy policies, and we do not control their use of the shared data.
Required Disclosures of Information
The Company will disclose your information where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of the Company, our users or others.
Disclosures During a Change of Control
We may buy or sell/divest/transfer the Company (including any shares in the Company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other user information related to our Services may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of Company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
Choices About How We Collect, Use and Disclose Your Information
We strive to provide you with choices regarding our collection, use and disclosure of the information you provide to us. The mechanisms listed below aim to provide you with control over such collection, use and disclosure:
- Marketing Communication; Newsletter: If you do not want us to send you marketing or promotional communications, you can opt-out by clicking the "unsubscribe" link in any such promotional emails, checking the relevant box located on the form on which we collect your data or emailing us at [email protected].
- Cookies: You have the option to accept or disable cookies at any time through your browser. You may refuse to accept browser cookies by activating the appropriate setting on your browser. If you choose to disable your cookies, your user experience may be limited.
- To provide the Services, including to operate the Services, provide customer support and to protect the safety and security of the Services;
- To further the Company’s legitimate interests (where those interests are not outweighed by your interest in your Personal Information being protected) – this includes to market and promote the Services, to improve the Services, to protect our legal rights and interests and to comply with our legal obligations;
- With your consent – for example, where you provide information as part of creating or maintaining an account with us or when you buy an product sold by us.
If you wish to access, update, correct or delete any Personal Information in our possession that you have previously submitted via the Services, you may log into your account and make updates. If you wish to make changes not available through your account settings, please contact us at [email protected]. We do not guarantee that any Personal Information can be removed completely.
Third Parties; Links to Third Party Sites
This Privacy Policy applies only to the Services. The Services may contain advertisements or links to other web sites not operated or controlled by us (the “Third Party Sites”), and the policies and procedures described in this Privacy Policy do not apply to those Third Party Sites, even if you access them through the Services. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We encourage you to carefully review the privacy policies of any Third Party Sites you access so you know how they will use and share your information.
Children
Our Services are intended for users who are 18 years of age and older or the age of majority in your province, territory or country. We do not knowingly collect personal information from children under the age of 13 without the consent of the child's parent or guardian. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
Data Retention
We strive to keep your information only as long as we need it for legitimate business purposes and as permitted by applicable legal requirements. If you close your account, we will retain certain data for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our Services or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.
You acknowledge that the Company may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on the Company’s servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
Legal bases for Collecting and Using Personal Information
Personal Information collected through the Services may be stored and processed in the United States or any other country in which the Company or its subsidiaries, affiliates, or service providers maintain facilities. If you are located in the European Union, United Kingdom or another jurisdictions with similar laws governing data collection and protection, we collect and process information about you only where we have a legal basis to do so under applicable law. We collect and use your Personal Information on the following bases:
Where you have consented to our collection and use of your Personal Information, you have the ability to withdraw such consent at any time, but this will not affect any use of your Personal Information that has already occurred. Where we are collecting or using your Personal Information because we have a legitimate interest in doing so, you have the right to object to such collection and/or use.
Subject to any exemptions provided by law, you may have the right to request a copy of your Personal Information, as well as to seek to update, delete or correct your Personal Information. When you make such requests, we may need time to investigate and facilitate your request.
Please contact us at [email protected] with regard to any of the above.
Security
We take reasonable steps to protect the Personal Information provided to us from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Information to us via the Internet. In the event that Personal Information is compromised as a breach of security, the Company will promptly notify our customers in compliance with applicable law.