Effective as of April 12, 2022.

This “Privacy Policy” describes the privacy practices of ByJehmartinez., and our subsidiaries and affiliates (collectively, “Byjehmartinez”, “we”, “us”, or “our”) in connection with the https://www.byjehmartinez.com/ website, the ByJehmartinez mobile application, any other website or mobile application that we own or control and which posts or links to this Privacy Policy (the “Sites”) as well as our retail stores and related services (together with the Sites, the “Service”), and the rights and choices available to individuals with respect to their information.

We provide important information for California residents in the NOTICE TO CALIFORNIA RESIDENTS section and for individuals in Europe in the NOTICE TO EUROPEAN USERS section below.

PERSONAL INFORMATION WE COLLECT

Personal information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

• Contact data, personal or business contact information such as your first and last name, email and mailing addresses, phone number, professional title and company name.
• Registration data, such as information that you provide to register for an account or sign up for an event, including the day and month of your birth and the event you registered for.
• Data about others for whom you purchase an item or gift, such as name, delivery address and phone number. Please do not purchase a gift for someone or share their contact information with us unless you have their permission to do so.
• Profile data, such as your username and password that you may set to establish an online account with us and your interests and preferences.
• Communications, such as information you provide when you contact us with questions, feedback, survey responses, or otherwise correspond with us,
• Marketing data, such as the email address or contact details that we use to send marketing communications and your preferences for receiving communications about our activities, events, sweepstakes and contests.
• Purchase data, including your order history and information needed to process and fulfill your order, including order details, billing address, and delivery address.
• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Data from other sources.

We may also collect information about you from:

• Business partners, such as advertising and joint marketing partners.
• Data providers, such as information services and data licensors.
• Public sources, such as blogs, forums or social media platforms.

Information we obtain from third party platforms.

If you choose to login to the Sites via a third-party platform, such as Google or Facebook, or otherwise connect your account on the third-party platform or network to your account through the Sites, we may collect information from that platform or network. You may also have the opportunity to provide us with additional information via the third-party platform or network, such as a list of your friends or connections and your email address. You can read more about your privacy choices in the “Your Choices” section.

Automatic collection. We and our service providers may automatically log information about you, your computer or mobile device, and your activity occurring on or through the Sites, such as:

• Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, the website you visited before browsing our site, and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

Cookies and similar technologies. Some of our automatic data collection is facilitated by cookies and similar technologies. See our Cookie Policy for more information.

Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide their contact information to us so that we may contact them.

HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

Service delivery. We may use your personal information to:

• provide, operate and improve the Service, such as to enable you to make purchases of clothing and accessories that we have listed on the Sites;
• establish and maintain your account on the Service;
• communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;
• provide customer support and maintenance for the Service;
• facilitate your login to the Sites via third party platforms, such as Google and Facebook; and
• enable security features of the Sites, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in.

Direct Marketing. If you are an existing customer of ByJehmartinez (for example, if you have placed an order with us), we may use the Personal Data you provided to send you marketing communications about ByJehmartinez products or services, where permitted by applicable law (unless you have opted out). In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us, as well as information from other ByJehmartinez products or services, such as your use of ByJehmartinez’s website and/or apps, to personalize communications and advertisements regarding our products and services that may be of interest to you. For registered users, this may include data collected from your interactions with our website and/or apps that are associated with your account.. You will have the ability to opt-out of our marketing and promotional communications as described in the Your Choices section below.

For research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.

To create anonymous data. We may create aggregated, de-identified or other anonymous data records from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Interest-based advertising. We may contract with third-party advertising companies and social media companies to display ads on our Service and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data and/or geolocation data described above) over time across our Service and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. These ads are known as "interest-based advertisements." You can learn more about your choices for limiting interest-based advertising, in the Your Choices section below and our Cookie Policy

To comply with laws and regulations. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber attacks and identity theft.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

HOW WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information with the following third parties and as otherwise described in this Privacy Policy or at the time of collection:

Affiliates. Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, database management services, returns processing and risk and fraud mitigation).

Advertising partners. Third party advertising companies that collect information about your activity on the Site and other online services to help us advertise our services, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.

Third party platforms. Social media and other third party platforms that you connect to the Service, such as when you use options to access the Service by logging into a social media platform. Please note, we do not control the third party’s use of your personal information.

The public. Other users of the Service and the public, when you disclose personal information for public use. For instance, you may be able review a product that you purchased, and we will display your name along with the content you submit. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.

Professional advisors. Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention and safety purposes described above.

Business transferees. We may sell, transfer, or otherwise share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an insolvency, bankruptcy, or receivership.

YOUR CHOICES

In this section, we describe the rights and choices available to all users.

Access or update your account information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of the email. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.

Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. For more details, see the “Your Choices” section of our Cookie Policy.

Advertising Choices. You may opt-out of interest-based advertising. See the “Your Choices” section of our Cookie Policy for more information.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Privacy settings and location data. Users of our App can disable our access to their device’s precise geolocation in their mobile device settings.

Choosing not to share your personal information. If you do not provide information that we need to provide the Service, we may not be able to provide you with the Service or certain features. We will tell you what information you must provide to receive the Service when we request it.

Third-party platforms or social media networks. If you choose to create an account through or connect the Service with another third-party platform, you may have the ability to limit the information that we may obtain from the third-party at the time you log in to the Service using the third-party’s authentication service or otherwise connect your account. You may also be able to control your settings through the third-party’s platform or service after you have connected your accounts.

OTHER SITES, MOBILE APPLICATIONS AND SERVICES

The Sites may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.

SECURITY PRACTICES

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

INTERNATIONAL DATA TRANSFERS

ByJehmartinez is headquartered in the United States and may have service providers in other countries. Your personal information may be transferred to the United States or other locations outside of your state, province, country, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

CHILDREN

The Service is not intended for use by children under 16 years of age, and we do not knowingly collect information about children under age 16 through the Service. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian as required by law, we will delete it.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Sites. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

HOW TO CONTACT US

Please direct any questions or comments about this Policy or privacy practices to hello@byjehmartinez.com

 

NOTICE TO EUROPEAN USERS

The information provided in this “Notice to European Users” section applies only to individuals in the European Union, the European Economic Area or the United Kingdom (collectively, “Europe”).

Personal information. Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is ByJehmartinez, LLC., 2801 East 46th Street, Vernon, CA 90058.

Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at hello@byjehmartinez.com.

Processing purpose (click link for details regarding processing purposes)	Legal basis
Service delivery	Processing is necessary to perform the contract governing our operation of the Sites or the provision of the Service, or to take steps that you request prior to engaging our services. Where we cannot process your personal data as required to operate the Service on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request.
Marketing Internet-based advertising	Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business, and showing you tailored relevant content.
For research and development To create anonymous data For compliance, fraud prevention and safety	These activities constitute our legitimate interests.
To comply with laws and regulations	Processing is necessary to comply with our legal obligations.
With your consent	Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.

 

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information. Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.

Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it 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.

Your rights. European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct. Update or correct inaccuracies in your personal information.
• Delete. Delete your personal information.
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict. Restrict the processing of your personal information.
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to hello@byjehmartinez.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Cross-Border Data Transfer. If we transfer your personal information out of Europe to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so. Please contact us at hello@byjehmartinez.com for further information about any such transfers or the specific safeguards applied.

BYJEHMARTINEZ COOKIE POLICY

This Cookie Policy explains how ByJehmartinez. (“ByJehmartinez”, “we”, “us” or “our”) uses cookies and similar technologies in connection with the www.byjehmartinez.com website and any other website that we own or control and which posts or links to this Cookie Policy (collectively, the “Sites”), along with the ByJehmartinez mobile application and any other mobile applications that we own or control and which posts or links to this Cookie Policy (collectively, the “Apps”).

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies serve different purposes, like helping us understand how a site is being used, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience. 

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Sites; and (2) third party cookies, which are served by service providers or business partners on our Sites, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third party cookies can be used for a variety of purposes, including site analytics, advertising and social media features.

What types of cookies and similar tracking technologies does ByJehmartinez use on the Sites?

On the Sites, we use cookies and other tracking technologies in the following categories described in the table below.

Type	Description	Who serves the cookies	How to control them
Advertising	These cookies are used by advertising companies to collect information about how you use our Sites and other websites over time. These companies use this information to show you ads they believe will be relevant to you within our Service and elsewhere, and to measure how the ads perform.	Google Facebook Sailthru Horizon Criteo Bounce Exchange Klaviyo	See 'your choices' below.
Analytics	These cookies help us understand how our Service is performing and being used. These cookies may work with web beacons included in emails we send to track which emails are opened and which links are clicked by recipients.	Google Analytics Signifyd Flow.io	Google Analytics uses its own cookies. You can find out more information about Google Analytics cookies here and about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Sites by downloading and installing a browser plugin available here. See 'your choices' below.
Essential	These cookies are necessary to allow the technical operation of our Service (e.g., they enable you to move around on a website and to use its features).	Google Tag Manager	See ‘your choices’ below.
Functionality/ Performance	Enhance the performance and functionality of our Sites.	ThreatMetrix	See ‘your choices’ below.

 

Other technologies

In addition to cookies, our Sites may use other technologies, such as Flash technology and pixel tags to collect information automatically.

Web Beacons

We may also use web beacons (which are also known as pixel tags and clear GIFs) on our Sites and in our HTML formatted emails to track the actions of users on our Sites and interactions with our emails. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of the Sites, so that we can manage our content more effectively.

Mobile Application Software Development Kits (SDKs)

We may use third-party software development kits (“SDKs”) in our Apps. A SDK is third-party computer code that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our Apps, or to facilitate online advertising. SDKs may enable third parties to collect information directly via our Apps.

YOUR CHOICES

Like many companies online, we use services provided by Google, Facebook and others companies that use tracking technology. Your choices for opting out of these companies’ use of your personal information for interest-based advertising include:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org.
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
• Platform opt-outs. The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising:
• Google: https://adssettings.google.com
• Facebook: https://www.facebook.com/about/ads
• Criteo: https://www.criteo.com/privacy/disable-criteo-services-on-internet-browsers/
• Bounce Exchange: https://www.bouncex.com/privacy/your-ad-choices/
• Advertising industry opt-out tools. Some of our business partners that collect information about users’ activities on or through the Sites or Apps may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. You can use the following opt-out options to limit use of your information for interest-based advertising by participating companies:
• Digital Advertising Alliance: http://optout.aboutads.info
• Network Advertising Initiative: http://optout.networkadvertising.org/?c=1
• European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly titled link).
• Users of our Apps may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices.
• Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

For more information about how we collect, use and share your information, see our Privacy Policy.

CHANGES

Information about the cookies we use may be updated from time to time, so please check back on a regular basis for any changes.