This Policy was last updated on July 7, 2020.
A “controller” is the legal entity which, alone or jointly with others, determines the purposes and means of the processing of personal data. DMM is the data controller for all data described by this policy.
A “processor” is a legal entity or other body that processes data on behalf of the controller, as defined above. DMM uses various data processors with which we have data processing agreements.
INFORMATION COLLECTION, USE, ACCESS, and RETENTION.
We may collect data and personally identifiable information (hereinafter “data”) from you in a variety of ways, including, but not limited to, when you visit our Site, fill out a form, contact us by email or traditional mail, subscribe to our newsletter, make a purchase, and in connection with other activities, services, features or resources we make available in connection with our Site. You may be asked for, as appropriate, your name, email address, birth date, shipping address, payment information, and/or telephone number. You may also visit our Site without providing any information.
When you visit and/or interact with our Site, we collect limited data that the browser you used makes available automatically. This information includes the internet address of the computer or network you used to access our Site, the date, time, and page(s) you visited on our Site, the browser and operating system you used, and the referring page (the webpage that contained the link to one of our Site that you clicked on to get there). Once you leave our Sites, you have the right not to be followed. Please see our section below on cookies, where we identify the digital content we collect when you visit our Sites, some of which is necessary to properly navigate the Sites.
We have a legitimate interest in ensuring that our Site operates correctly and efficiently. To that end, we use the aggregated non-personal data and information from all users of our Site to measure server performance, analyze user traffic patterns, and improve the content of our Site and portions of our Site. We sometimes track the keywords that are entered into our search engines or through our Site to measure interest in specific topics and to improve the visitor experience on the Site.
We have a legitimate interest in communicating with you when you contact us, and will use your data to respond to you, including sending you important non-commercial emails, such as responses to customer service inquiries.
We have a legitimate interest in ensuring that our Site operates correctly and efficiently. To that end, we use the aggregated non-personal data and information from all users of our Site to measure server performance, analyze user traffic patterns, and improve the content of our Site and portions of our Site. We sometimes track the keywords that are entered into our search engines or through our Site to measure interest in specific topics and to improve the visitor experience on the Site. We have a legitimate interest in communicating with you when you contact us, and will use your data to respond to you, including sending you important non-commercial emails, such as responses to customer service inquiries.
With your consent, we will use your e-mail address and/or other personal information to provide you with information we think you will be interested in, including company news and related product or service information, and marketing content. Even after you have agreed to receive such messages, you can let us know at any time if you would prefer not to receive any or all of this marketing/investor information by following the unsubscribe instructions in any email you receive from us or by sending an e-mail to email@example.com that contains the email address you wish us to unsubscribe from our lists. As noted above, even if you opt out of receiving marketing messages, we will still send you important non-commercial messages, such as updates related to your purchases.
Text Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Boyfriend Perfume, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Boyfriend Perfume reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Boyfriend Perfume also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Boyfriend Perfume, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP to our shortcode to cancel. After texting STOP to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Boyfriend Perfume and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Boyfriend Perfume through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email firstname.lastname@example.org.
This message program is a service of Boyfriend Perfume, located at 5670 Wilshire Blvd 11th Floor, Los Angeles, CA 90036.
- General. In the interest of resolving disputes between you and Boyfriend Perfume in the most expedient and cost effective manner, you and Boyfriend Perfume agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Boyfriend Perfume or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Boyfriend Perfume or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND BOYFRIEND PERFUME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Boyfriend Perfume to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Boyfriend Perfume will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Boyfriend Perfume. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Boyfriend Perfume intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Boyfriend Perfume address for Notice is: $CompanyAddress, Attn: Chief Executive
Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Boyfriend Perfume will make good faith efforts to resolve the claim directly, but if you and Boyfriend Perfume do not reach an agreement to do so within 30 days after the Notice is received, you or Boyfriend Perfume may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Boyfriend Perfume must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Boyfriend Perfume will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Boyfriend Perfume for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Boyfriend Perfume agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Boyfriend Perfume made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND BOYFRIEND PERFUME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Boyfriend Perfume agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these
Messaging Terms, if Boyfriend Perfume makes any future change to this arbitration provision, other than a change to Boyfriend Perfumeaddress for Notice, you may reject the change by sending us written notice within 30 days of the change to Boyfriend Perfumeaddress for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Boyfriend Perfume.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of
the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
When you make a purchase, we do not collect your payment information. We used companies specialized in collecting and processing your payment information, including Shopify. Access Pursuant to your reasonable request, we will provide you or a third-party you specify with a list of all of the personal data that DMM has collected, in a form that is portable to you. Depending upon your geographic location, we may charge a small fee to collect this information in a portable fashion. Similarly, upon your request, we will make corrections to our records of your personal data.
As described above, some of the online services available through our Site allow you to provide personal data. This data is stored and processed in the United States. We keep your data only for as long as we have a legitimate business purpose, and only that data required for the particular purpose for which we collected the data. We will retain your data while you have an active relationship with DMM, including if you have signed up to receive our newsletter, opted in to receive marketing content, or affirmatively made requests of us that we, or our data processors are fulfilling. We will maintain your data for one year after that relationship ends, unless you request that we delete your information prior to the expiration of that period, which you may do at any time following the instructions below. If DMM determines that it no longer requires your data for the purposes set forth above, including any legal purposes, it will delete your information without you making a request. If you would like us to delete all of your data (including any personal information gathered by our service providers) and/or place your name on our “do not contact” list, contact us at [email] and request that your information be deleted and/or that you be placed on our “do not contact” list. Please note that because names may be similar, you must include in your request all associated email addresses and phone numbers (if any) that you wish to be deleted in the body of the email. We reserve the right to contact you for administrative purposes to request more information in order to assist us in completing your request. We may also send you a confirmation email, once we have deleted your information. We will make commercially reasonable efforts to delete your information within thirty days from our active files, provided, however, that we may retain—for legal compliance purposes only—your request and associated email in a hashed format so that we do not inadvertently restore your information to our database. Please note that requests to update your personal information may take up to one month. You may also request that we stop processing your information without deleting it, and we will comply within five days of receipt of such a request.
Notwithstanding the above, DMM will retain your information indefinitely if it believes in good faith that it has a legal obligation to do so.
To help us serve you better, we collect information that identifies the computer or browser used to access our Site, as well as the user account associated with that computer/browser if you are logged in. Cookies are pieces of information placed in the settings of your web browser by a website server to identify your computer when you return to a website. Whenever a site welcomes you and tailors data to your specifications, it is reading a cookie left in your browser and identifying information that you may have registered during previous visits, such as your viewing preferences.
Privacy of Children
The Site is a general audience website, intended for adult use. We do not market to, and do not knowingly collect any data from, children under sixteen (16) years of age. Children should always get permission from their parents before sending any personal information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. We encourage you to become involved in your children’s online experience, and to share your knowledge and experience with your young ones. If you’re under 16, please do not register for any of our services or provide us with any personally identifying information (such as your name, email address or phone number). Please contact our customer service department if you are aware of any personal information supplied to the Site by a child under the age of sixteen (16).
Do Not Track
The Do-Not-Track Signal (“DNT”) is used by some web browsers to automatically request that a web application disable site tracking. Because the DNT often does not reflect the actual preferences of an individual consumer, our websites do not respond to the DNT. Instead, and in order to allow you to personalize your experience with our Site, you may elect not to receive marketing messages and/or have certain cookies placed on their browser, as discussed earlier in this Policy.
We take reasonable and appropriate security measures to protect unauthorized access, alteration or destruction of data located on and collected by our Site. Sensitive and private data exchange between the Site and their users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. We exercise reasonable care to protect your non-public personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your nonpublic personal information, we cannot guarantee the security of any information you transmit to us or receive from us while it is in transit. Once we receive your personal information, we maintain physical, electronic and procedural safeguards to protect it.