This privacy and cookie policy (“Policy”) describes how Kerry Benjamin collects, uses and shares personal information about users of www.Kerry Benjamin.com (the “Site”). By accessing or using the Site, you agree to this Policy.

 

WHAT INFORMATION DO WE COLLECT?

We automatically log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We collect information when you register on the Site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or use another Site feature. When ordering or registering, we collect your name, e-mail address, mailing address, phone number and credit card information. You may, however, visit our Site anonymously. We also collect the name, address and phone number of gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

 

HOW DO WE USE YOUR INFORMATION?

We use information to:

Personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested.

Allow us to better service you in responding to your customer service requests.

Quickly process your transactions.

Administer a contest, promotion, survey or other Site feature.

Operate, maintain, and improve our Site, products and services.

Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

If you have opted-in to receive our e-mail newsletter, or you are an existing customer, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, or have not previously ordered products from us, you will not receive these e-mails. Visitors who register or use other Site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

HOW DO WE PROTECT VISITOR INFORMATION?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases.

 

DO WE USE “COOKIES”?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser) that enable the Site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are used to understand your preferences based on previous or current Site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers may not use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your settings. If you turn cookies off, you won’t have access to many features that make your Site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

 

INTEREST-BASED ADVERTISING/ONLINE ADVERTISING

We participate in interest-based advertising. In doing so, we use third-party advertising companies to display ads tailored to your individual interests based on how you browse and shop online. We may allow third-party companies to collect certain information when you visit the Site. This information is used to advertise our products or services or the products or services of other companies. These companies may use information such as click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie/session ID, and IP address, during your visits to provide advertisements about goods and services likely to be of interest. These companies typically use a cookie or web beacons to collect this information. Web beacons are electronic images (generally, single-pixel .gif images). Web beacons allow our advertising partners to monitor and collect  information about the viewer of the web page, web-based document, e-mail message or other communication, such as the type of browser requesting the web beacon, the device identifier of the device that the web beacon is sent to and the time the web beacon was viewed. Web beacons are used to count web browsers, visits, page views, monitor traffic and conversion patterns, to personalize your experience, including advertising and content, and to determine whether or not messages were opened, links were clicked or notifications/offers were acted upon. 

To learn more about online interest-based advertising, including how to opt out, visit the Network Advertising Initiative website at www. thenai.org. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. This Site does not currently respond to such browser “do not track” signals, but we do provide you the option to opt out of online interest-based advertising via the NAI opt-out mechanism described above.

 

TEXT MARKETING AND NOTIFICATIONS

By consenting to Kerry Benjamin’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

For any questions, please text HELP to the number you received the messages from. You can also contact us at hello@Kerry Benjamin.com for more information.

 We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

 

DO WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?

We share information with credit card companies, our website host, our SMS provider and our shipper. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses. We may release your information when it is appropriate to comply with the law, enforce our Site policies, or protect ours or others’ rights, property, or safety.,

 

HOW CAN YOU OPT-OUT, REMOVE OR MODIFY INFORMATION YOU HAVE PROVIDED TO US?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the “My Account” section of our Site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

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 considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

 

THIRD PARTY LINKS:

To provide you with increased value, we may include third party links on our Site. These linked sites have separate and independent privacy policies. We have no responsibility or liability for the content and activities of these linked sites. We seek to protect the integrity of our Site and welcome any feedback about these linked sites (including if a link does not work).

 

DATA RETENTION:

We will retain your personal information for no longer than is necessary for the purposes for which the personal information was collected, including to fulfill our interests in providing our products and services to you. We may also retain your personal information as necessary to comply with our legal (including tax and accounting) obligations, to resolve disputes, and to enforce our agreements.

 

INFORMATION RELATING TO CHILDREN:

Our Site is not designed for or aimed at children. We do not knowingly collect information from anyone under the age of 13. If we learn we have collected or received personal information from a child under 13, we will delete that information.

 

INTERNATIONAL TRANSFERS:

Our Site is maintained in the United States. If you are located outside the United States, you agree that we may transfer, retain and process your personal information in the United States. The United States may not have data protection laws that are as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your personal information will at all times be in accordance with this Policy.

 

EUROPEAN UNION PRIVACY RIGHTS

If you are located in the European Union, you have certain additional rights with respect to your personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the rights:

Of access to your personal information.

To rectify your personal information if it is incorrect or incomplete.

To have your personal information erased (“right to be forgotten”) if certain grounds are met.

To withdraw your consent to our processing of your personal information at any time (if our processing is based on consent).

To object to our processing of your personal information (if processing is based on legitimate interests).

To object to our processing of your personal information for direct marketing purposes.

To receive your personal information from us in a structured, commonly used and machine-readable format, and the right to transmit your personal information to another controller without hindrance from us (data portability).

You may contact us by using the Contact Us link below to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances we may charge a reasonable fee for access to your personal information. Furthermore, if you believe that our processing of your personal information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country. For purposes of the GDPR, we are a “controller” and you are a “data subject.”

 

CHANGES TO OUR POLICY:

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the change.

 

CONTACT AND EFFECTIVE DATE

You may contact us about this policy by using the Contact Us link below.

This policy is effective February 27, 2023.