Privacy Policy

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from Charles David (“we” or “our”) at our website, charlesdavid.com (the “Site”). This Policy also applies to any of our other mobile applications or other mobile applications or websites that post this Policy.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

- “Cookies”- see below “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

COOKIES

Cookies. We make use of cookies to understand how you use our site and improve your experience. Cookies are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. Depending on their purpose, cookies log user-related information such as your preferences, authentication information, security parameters, data concerning the device you use to access the Site and statistical information regarding your use of the Site. When you visit the Site, your Internet browser transmits the cookies including the contained information back to the servers they were initially downloaded from. The analysis and processing of the information allows us to ensure the functionality of the Site, personalize your online experience and improve and optimize the structure and content of the Site. For more information, please see our full cookie policy.

If you do not want to receive Cookies, you can change your browser settings on your computer or other device you’re using to access our services. If you use our website without changing your browser settings, we’ll assume that you’re happy to receive all Cookies on our website and that you have provided consent by such actions or conduct. Most browsers also provide functionality that lets you review and erase Cookies, including our website Cookies. Please note that our website site may not work properly without Cookies.

Web Beacons. We may log information using digital images called Web beacons on our Service or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web beacons to tell if you open or act on our emails.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

- Communicate with you;

- Screen our orders for potential risk or fraud; and

- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

- Facebook: https://www.facebook.com/settings/?tab=ads

- Google: https://www.google.com/settings/ads/anonymous

- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Notwithstanding the preceding, we do not collect or generate neural data.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS IF EU RESIDENT

At present, we do not accept orders from European residents, given shipping costs. If we change and do accept business from EU residents, and if you are a European resident making an order, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident 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 Canada and the United States.

OTHER STATE LAW PRIVACY RIGHTS

Certain states, including California, Virginia, Colorado, and Connecticut require additional information regarding our privacy practices and your privacy rights. Depending on whether you are a resident of those states (“Consumer”), we provide you additional notices about our privacy practices and consumer rights relating to your personal information or personal data, as defined under those laws (“Personal Information”). We provide this additional information to you if you are in one of these states.

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at customerservice@charlesdavid.com. For California residents, please see our supplemental California Privacy Notice.

Colorado Resident Rights

If you are a resident of Colorado, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Colorado’s Privacy Act SB21-190.

If you are a Colorado resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Connecticut Resident Rights

If you are a resident of Connecticut, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Connecticut’s Personal Data Privacy and Online Monitoring Act.

If you are a Connecticut resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Virginia Resident Rights

If you are a resident of Virginia, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Virginia’s Chapter 53 Consumer Data Protection Act § 59.1-575.

Utah Resident Rights

If you are a resident of Utah, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Utah’s Consumer Privacy Act SB 227.

Other States’ Resident Rights

In recent times, the following additional states have enacted comprehensive data privacy laws:

Iowa
Indiana
Tennessee
Oregon
Montana
Texas
Delaware
Florida
New Jersey
New Hampshire
Minnesota
Kentucky
Maryland
Nebraska
Rhode Island

In most instances, we do not believe these laws apply to us, given number of customers in a particular state, the applicability of a particular state’s privacy laws, and other circumstances. For example, Florida’s law only regulates companies that have more than $1 billion in gross annual revenues. To the extent that these laws may operate, and you are a resident of such state, you have the right to opt-out of the sale of certain Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined by the various states’ privacy laws.

We may from time to time as additional states pass comprehensive privacy laws amend this policy, but are under no obligation to do so. Please see note below.

PRIVACY LAWS VARY FROM PLACE TO PLACE AND WE INTEND TO COMPLY

Privacy and data protection laws vary among the individual United States. Our obligations arising under the applicable world’s privacy laws, including U.S. federal and most state laws, are satisfied by our work and compliance with CCPA. In some jurisdictions, however, privacy laws grant you, the data subject, certain specific rights regarding your personal information. We refer to these types of privacy laws as data subject rights-based laws. One example of such a law is the CCPA.

The nature and locations of our business activities may make us subject to the CCPA. As such, when we collect personal information from data subjects protected by the CCPA, we may become subject to, and those data subjects may have rights under the CCPA. We satisfy our CCPA notice obligations to those data subjects and further explain their rights in the California-specific supplement of our Privacy Policy.

We do not believe we have an obligation under the rules of other state or international comprehensive privacy laws to provide notices specific to them. If you live in a jurisdiction with a particular comprehensive privacy law and believe that you have rights, you may contact us at the various means provided for in the Privacy Policy.

Our approach is that we take your privacy rights seriously and to protect your information. We do not collect a significant amount of personal information, but as outlined in our Privacy Policy, we comply with CCPA and other applicable laws. Questions about how other comprehensive privacy laws apply to us can be directed to us through the contact means set forth in our Privacy Policy.

MOBILE HELP/SMS/TEXT MESSAGING

Charles David customers may opt-in to receive marketing SMS messages. Charles David customers can opt-in online. By opting-in via any of these previously stated options, the Charles David customer agrees to receive marketing SMS or MMS messages generated by an automated dialer or otherwise from Charles David to the provided mobile number. The Charles David customer understands that consent is not required to make a purchase. This policy/page is intended to assist Charles David customers with any mobile questions.

How do I opt-out of Charles David’s SMS Alerts? For all mobile campaigns, reply to the SMS message you received with any of the following words and you will be opted out of all future messages. Standard carrier rates apply.

STOP

END

QUIT

CANCEL

UNSUBSCRIBE

Please note: these words are not case sensitive.

Is there another way I can opt-out of Charles David SMS Alerts? Yes, if you prefer to opt-out via phone or email, email us your contact information, including your phone number, at customerservice@charlesdavid.com or call .

Charles David SMS Alerts:

Max 4 msgs/month

Msg&data rates may apply

For help, send HELP to SMS message

To cancel, send STOP to SMS message

Charles David SMS is compatible with all major wireless carriers

If you require clarification of any rules, regulations or procedures relating to your privacy, your rights and the operation of this or any other CharlesDavid.com campaign, please read our Privacy Policy.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

MINORS

The Site is not intended for individuals under the age of 18.

YOUR PRIVACY RIGHTS

Depending on applicable laws or the jurisdiction you reside in, you have certain rights regarding your personal information, which may include the right to:

Access, know about, or confirm processing of your personal information, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about the consumer;
Correct inaccurate personal information we maintain about you;
Delete your personal information;
Receive a copy of your personal information in a portable format, where technically feasible;
Opt-out of the “sale” or “sharing” or “targeted advertising” (as these terms are defined under privacy laws applicable to you);
Appeal, in connection with a decision made regarding your privacy rights request; and
Limit the use and disclosure of sensitive personal information.

Some of these rights may be limited when certain exceptions are provided under applicable laws, including to complete a transaction or to comply with a legal obligation. You will not receive discriminatory treatment for exercising your privacy rights.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at customerservice@charlesdavid.com or by mail using the details provided below:

Charles David

Privacy Compliance Officer

22693 Hesperian Blvd, Suite 220, Hayward, CA 94541, United States (510) 576.1110 Monday thru Friday 9:00 am - 4:30 pm PST

CHARLES DAVID PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: 11/13/2024

Last Reviewed on: 3/25/2024

This Privacy Notice for California Residents supplements the information contained in CHARLES DAVID’s General Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). If you do not reside in the State of California, this notice does not apply to you. We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended from time to time, including as modified by the California Privacy Rights Act of 2020, as amended by SB-1223 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Notice for California Residents.

Information We Collect

The information we collect is as outlined in our General Privacy Notice. It is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal information”). Our collection of Personal information is limited, given our products and services provided. Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA’ s scope, like:
Health or medical information covered by the Health Insurance Portability and Accountability act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial date.

In particular, we have collected the following categories of Personal information from our consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	NO
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you purchase and from information provided to us via SMS consent.
Indirectly from you. For example, from observing your actions on our Website.
Directly and indirectly from activity on our website (www.charlesdavis.com). For example, from submissions through our website portal or website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to prepare a price quote, to ask a question, or to set up a session, we will use that information to respond to your inquiry.
If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide you with information, products or services that you request from us.
To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
To improve our website and present its contents to you.
For testing, research, analysis and product development.
As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

We have disclosed information in any yes categories above with our business partners who have entered into agreements with us.
We disclose your personal information for a business purpose to the following categories of third parties:

Our affiliates.
Our service providers.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your California Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

KNOW what personal information we have collected about you and how we use and share it.

“Personal information” means information that identifies, relates to, or could reasonably be linked to a particular consumer or household.

LIMIT the use and disclosure of sensitive personal information we collect about you.
OPT-OUT of the sale of your personal information, and the right to opt-out of the sharing of your personal information for cross-context behavioral advertising.
CORRECT inaccurate personal information that we have about you.
EQUAL treatment. We will not discriminate against you for exercising your CCPA rights.
DELETE personal information we have collected from you, and require that our service providers do the same (subject to some exceptions).

The Right to Limit Use of Your Sensitive Personal Information

You can direct us to only use your sensitive personal information (for example, your social security number, financial account information, or your precise geolocation data) for limited purposes, such as providing you with the services you requested.

The Right to Know

You have the right to request any or all of the following information relating to the personal information we have collected about you or disclosed in the last 12 months, upon verification of your identity:

The specific pieces of personal information we have collected about you;
The categories of personal information we have collected about you;
The categories of sources of the personal information we have collected about you;
The categories of personal information that we have disclosed about you to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
The categories of personal information we have sold about you, and the categories of third parties to whom this information was sold; and
The business or commercial purposes for collecting or selling personal information about you.

You can make a request to know up to twice a year, free of charge.

The Right to Request Deletion

You have the right to request the deletion of personal information that we have collected from you, and to require that the third parties we have shared it with also delete it, subject to certain exceptions in which we are required to retain such information, including compliance with other laws and court orders. We may maintain a confidential record of deletion requests solely for the purpose of preventing the personal information of a consumer who has submitted a deletion request from being sold, for compliance with laws or for other lawful purposes.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

The Right to Correct Inaccurate Personal Information.

You have the right to request that we correct inaccurate personal information we maintain about you. Once we receive a verified request to correct your inaccurate personal information, we will use commercially reasonable efforts to correct it.

The Right to Opt-Out of Personal Information Sales and Sharing

You as a resident of California or Nevada have the right to direct us not to sell or share personal information we have collected about you to third parties now or in the future.

The Right to Non- Discrimination

You have the right not to receive discriminatory treatment for exercising any of the rights described above. However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner.

“Shine the Light”

We may sell or share information you provide to us to third parties. However, Residents of the State of California may ask us to provide them with a list of the types of personal information that we have disclosed during the preceding year to third parties for their direct marketing purposes, and the identity of those third parties.

ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

- sales, identifying the personal information categories that each category of recipient purchased; and

-disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by means provided for in our main Privacy Policy.

Only you or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of goods or services; or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.