Privacy Policy
LAST UPDATED: October 25, 2024
Welcome to Harlem Brands operating as Harlem Candle Co, Harlem Perfume Co and Harlem Design Co.! (collectively referred to herein as “we,” “us,” “our,” or “Harlem Brands”). We respect your privacy and the importance of the information you entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you use our online and/or mobile services, website, and/or place an order for products (collectively the “Services”), how we may use and disclose the information, and how you can control, correct and/or update the information. By accessing or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy. Any capitalized terms not defined herein shall have the meaning as set forth in the Terms of Service.
Please note that this Policy does not apply to your use of third-party sites, services, or applications you may access through the Services. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.
INFORMATION WE MAY COLLECT
- Information You Provide to Us
We collect information you provide directly to us when using the Services. For example, we collect information when you sign up for an account, complete a form, place an order, participate in any interactive features of the Services, request customer support, or otherwise communicate with us (including through our call centers, in-person, online chat sessions, and through social media). The types of information we may collect includes your name, email address, mailing and billing address, payment information, passwords and usernames to authenticate your access to the Services, records of correspondence and other communications including online chats with our customer service, and any other information you choose to provide. For purposes of registering and using the Services, we collect certain information that can identify you, such as your name and contact information (email, address and phone number) (“Personal Information”) We will never sell, rent, or trade Personal Information and will only use it, as needed, to provide the Services and/or fulfill the orders requested by you. If you choose not to provide information that is necessary to provide the Services, you may not be able to use certain aspects or all of the Services. Harlem Brands discloses Personal Information only to those of its employees, contractors and affiliated organizations that (i) need to know the information in order to process it on yours and our behalf, and (ii) that have agreed in writing to non-disclosure restrictions at least as strong as those herein. We also may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account. Depending on the nature of your inquiry or activities on the Services, we may also ask for other information relevant to your use of the Services.
Harlem Brands collects data that you provide on harlemcandlecompany.com by visiting our website or through transactions, email registrations, sweepstakes, contests, or online memberships, or through phone, and mail that you submit.
Harlem Candle Co. may collect and store two types of information: "personal information" and "automatic information."
Personal information tells us who you are such as your name, gender, billing address, shipping address, email address, telephone number, date of birth or age, any personal preferences you choose to provide, transaction details such as style, size, price, discount, date, store, your credit card number and expiration date used for transactions, and an assigned password to protect your privacy.
Automatic information is information that we may collect automatically whenever you interact with this website such as your IP address, the type of computer you use, the web browser you use, and the web page that linked you to our site. An IP address is a number assigned to your computer when you connect to the Internet. Each time you visit this site, our web server may automatically recognize and collect this information. Automatic information also includes "cookies" and "web beacons".
A "cookie" is a small text file that is sent to your browser from a web server and stored on your computer's hard drive. Among other things, cookies provide a means for us to keep track of your online patterns and preferences. By understanding which areas of the site you visit, cookies allow us to present information, products and services that are of personal interest and make our website more efficient. Some of the ways we may use cookies include enabling your log-in, identifying your shopping carts, tracking where you travel on our websites and what you look at and purchase, and for marketing testing and product recommendations.
Most browsers are initially set up to accept cookies but allow you to change your browser so that it will not automatically accept cookies. Various browsers have different ways to inform you when a cookie has been sent to you, limit the kinds of cookies that can be placed on your computer and let you delete cookies. Please refer to your browser instructions or help screen to learn more about these functions. Additionally, if you have a Flash player installed on your computer, flash cookies may be stored. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not necessarily remove Flash cookies. The latest versions of many browsers let you control or delete Flash cookies through the browser's settings. If you use an older version of one of these browsers, upgrade to the most recent version, and set it to update automatically. However, if you delete or remove cookies, it is possible that some portions of the site may not function as intended.
"Web beacons", also known as clear GIFs or single-pixel GIFs, or similar technologies are small image files that we may place on web pages and within web-based email newsletters that we send. Working in conjunction with cookies, web beacons allow us to accurately count the number of unique users who have visited a specific page and the number of times those pages are displayed. We can also use web beacons to let us know how many people opened a web-based email newsletter or message.
We may associate automatic information with your personal information. In the event of such association, such automatic information will be considered personal information.
How does Harlem Candle Co. use this information?
Harlem Candle Co. uses this information to confirm and process sales transactions or to contact you with questions or communications about your order, or to respond to your customer service inquiries.
Harlem Candle Co. also uses this information to enhance and personalize your shopping experience online, to communicate with you for marketing and promotional purposes including via targeted postal pieces, phone messages, or personalized emails, and to improve the effectiveness of our websites and business activities. You may indicate your contact preferences regarding promotional communications either directly to us online or by phone.
How does Harlem Candle Co. protect your information?
Unfortunately, no data transmission over the Internet can be unconditionally guaranteed to be secure. Therefore, any information you transmit to us is sent at your own risk.
However, when you place an order online, we use encryption technology, such as Secure Socket Layer Technology ("SSL"), to protect your personal information during data transport. SSL encrypts your order information, including your name, address, and credit card number, before it is transmitted to us to avoid the decoding of your information by anyone other than Harlem Candle Co..
Does Harlem Candle Co. disclose your information to others?
No, Harlem Candle Co. does not sell, rent or trade with third parties any personal information you provide to us online, nor do we share such information with third parties. We may disclose personal information about you to third parties who provide services to us and who agree to maintain the confidentiality of such information in accordance with this privacy policy and use the information only in connection with the services they provide. These third parties may provide a variety of services to us including, without limitation, hosting our website, assisting us in fulfilling your transactions and customer service inquiries, managing and updating your customer information record in our database, deploying our emails and promotional offers to you, or fulfilling your request to unsubscribe from our email. We also use third party vendors to assist us in better understanding how people use our site, including measuring the effectiveness of our advertising. We and our vendors may place cookies and web beacons on your computer to collect information such as the IP addresses of our visitors' computers, the state and zip code from which our visitors come, which search engine referred you, how you navigated around our site, what you browsed and purchased and what traffic is driven by banner ads and e-mails. We do not authorize those third parties to make any other use of your information except on an aggregate, non-personal basis (in other words, the information will not be identified with you).
We may use and/or disclose to others information about your demographics and use of our website in a manner that does not reveal your identity. We may match information collected from you at our website with information obtained collected from other sources or third parties.
From time to time, we may partner with a co-sponsor to conduct a contest, sweepstakes or other promotional event. In those situations, each of the participating web sites may collect or receive personal information from you and will have the right to use your personal information in accordance with their own policies.
We may disclose personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of our website, or anyone else who could be harmed by such activities.
We may also disclose personal information when we reasonably believe that the law requires it. We might sell or buy subsidiaries, or business units. In such transactions, personally identifiable information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy. Also, in the unlikely event that assets of Harlem Candle Co. are sold, personal information may be one of the transferred assets.
Can I unsubscribe?
Yes. Harlem Candle Co. honors requests to unsubscribe from receipt of emails, not only for promotional emails that Harlem Candle Co. sends, but also for emails about Harlem Candle Co. that we permit other companies to send to their own list of subscribers. Please note that you may continue to receive emails from Harlem Candle Co. until such requests become effective.
*In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/harlem-candle-company/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/harlem-candle-company/privacy_policy).
Does harlemcandlecompany.com have links to other web sites?
While you are using this website, you may be linked or directed to other third party sites outside of the website that are beyond our control. Each of these third parties may have a privacy policy different from ours. For example, you might click on a link or banner ad that will take you off the website. These links and banners may take you to sites of advertisers, sponsors and co-branding partners. Please review the privacy policies of these sites. We are not responsible for any actions or policies of such third parties.
- Information We Collect Automatically When You Use the Services
When you access or use the Services, we automatically collect information about you, which may include the following:
- Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to the Services. Publicly available tools can sometimes provide the approximate location for IP addresses.
- Device Information: We collect information about the computer or mobile device you use to access the Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored in device memory that help us to improve the Services and your experience, see which areas and features of the Services are popular, and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
We also may collect other types of information in the following ways when you use the Services:
- Details of how you used and interacted with the Services, such as your search queries and how you responded to certain questions.
- Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
- Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track your movements around the Services and understand trends.
- Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through the Services. For example, we may collect information about you from third parties who provide services on our behalf, such as maintaining and monitoring usage of the Services and processing payment transactions. We also may receive information about you from the third parties with whom you interact through the Services.
USE OF INFORMATION
We may use information about you for various purposes, including the following:
- Provide and deliver the products and services you request, process transactions, and send you related information;
- Verify your identity and, if applicable, authorization for you to use the Services;
- Process payment for Services;
- Facilitate use of the Services;
- Manage your account and your preferences;
- To prevent or address service, security, technical issues at your request in connection with customer support matters
- Respond to your comments, questions, and requests;
- Send you technical notices and other administrative messages;
- Communicate with you about products, services, offers, promotions, rewards, and events offered by us or others, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage, and activities in connection with the Services;
- Conduct research, analysis, and surveys;
- Personalize and improve the Services and provide content or features that match user profiles or interests;
- Enforce our Terms;
- Link or combine with information we get from others in connection with the Services; and
- Carry out any other purpose for which the information was collected.
This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user of the Services. In other words, information about how you use the Services may be collected and combined with information about how others use the same Services, but no personally identifiable information will be included in the resulting data.
SHARING OF INFORMATION
We may share or transfer information about you as follows or as otherwise described in this Privacy Policy:
- With third party affiliates, contractors, and other service providers in connection with providing the Services;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation;
- If we believe your actions are inconsistent with the spirit or language of our Terms of Service or policies, or to protect the rights, property, and safety of you, us, or others;
- In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company;
- With your consent or at your direction, including if we notify you through the Services that certain information you provide will be shared in a particular manner and you provide this information.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
ANALYTICS SERVICES
We may allow others to provide analytics services in connection with the Services, such as Google Analytics. These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. We and others may use this information to, among other things, analyze and track data, determine the popularity of certain content, personalize the user experience, and better understand your activity.
- To learn more about Google Analytics, please visit https://policies.google.com/privacy.
OTHER WEBSITES
This Privacy Policy applies only to information we collect at and through our website or Services. The website may contain links to or embedded content from third party websites. A link to or embedded content from a third-party website does not mean that we endorse that third party website, the quality or accuracy of information presented on the third-party website or the persons or entities associated with the third-party website. If you decide to visit a third-party website, you are subject to the privacy policy of the third-party website as applicable and we are not responsible for the policies and practices of the third-party website. We encourage you to ask questions before you disclose your information to others.
SECURITY
We work hard to protect your information and take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from loss, unauthorized access, alteration, or disclosure. Our security practices include: encrypting many of our services using SSL; verification for account access; and frequent review of information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. However, and unfortunately, no internet or e-mail transmission is ever fully secure or error free. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Therefore, you should take special care in deciding what information you provide to us.
Harlem Brands does not seek to collect sensitive Personal Information (also known as special categories of data as defined in Article 9 of the GDPR). If we do so we will always collect the data in accordance with applicable data privacy requirements. If you choose to provide us with unsolicited sensitive Personal Information, you will be asked to consent to our processing of such data on a case-by-case basis by using a specific express consent form.
CALIFORNIA PRIVACY RIGHTS AND NOTICES
California law provides California residents (as defined in Section 17014 of title 18 of the California Code of Regulations) (“Consumer”) with specific rights regarding information that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (some of which may also constitute Personally Identifiable Information). The California Consumer Privacy Act of 2018 (“CCPA”) refers to such information as “personal information”. This section describes the rights that California Consumers have and explains how to exercise those rights, subject in all cases to any limitations set forth in the CCPA.
Harlem Brands shall comply with the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq., (“CCPA”), which may be amended from time to time. Per the terms of the CCPA, Harlem Brands is a Service Provider and not a Third Party as described in the CCPA. Therefore, Harlem Brands shall not:
- Sell the Personal Information.
- Retain, use, or disclose the Personal Information for any purpose other than providing the Services or for a Business Purpose. Specifically, Company shall not retain, use, or disclose the Personal Information for a Commercial Purpose.
- Retain, use, or disclose the Personal Information outside of the direct business relationship between Harlem Brands and its Users.
Notwithstanding anything in the Terms of Service or any related order form or other document, the parties acknowledge and agree that a User’s provision of Personal Information is not part of and explicitly excluded from the exchange of consideration, or any other thing of value, between the parties.
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to info@harlemcandlecompany.com.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under the CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.
To exercise the access and deletion rights described above, please submit a request to us by emailing us at info@harlemcandlecompany.com. Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person.
We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.
We do not sell your Personally Identifiable Information.
California Do Not Track (“DNT”) Notice
Under California law, website and online service operators are required to disclose how they respond to web browser DNT signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer's online activities over time and across third-party websites, to the extent the operator engages in that collection. At this time, we do not track our customers' personal information over time and across third-party websites and therefore this requirement does not apply to us.
California law also requires website and online service operators to disclose whether third parties may collect personal information about their users' online activities over time and across different sites when the users use the operator's website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our Services unless you directly provide it to us and we provide it to them with your consent.
CHILDREN UNDER THE AGE OF 18
The Services are intended for users who are eighteen (18) years of age and older. If you are under the age of 18, you are not permitted to submit any Personal Information to us. If you believe we might have any information from or about a child under 18, please contact us at info@harlemcandlecompany.com.
RETENTION
We will retain your Personal Information for the period of time that is necessary to fulfill the original purposes for which it has been collected. Please keep in mind that, in certain cases, a longer retention period may be required or permitted by law or to allow us to pursue our business interests, conduct audits, comply with our legal obligations, enforce our agreements or resolve any dispute.
The criteria used to determine our retention periods include:
- Time needed to provide you with our services or to operate our business.
- Whether your account with us is active. You may contact us to make your account inactive at any time.
- Legal, contractual, or similar obligations to retain your data, such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of contract or litigation.
Please note that we are not responsible for storing any information that you provide to us or for any content or information that we provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the website or Services.
TRANSFER OF PERSONAL INFORMATION; INTERNATIONAL VISITORS
The data that we collect from you may be transferred to, and stored at, a destination outside of the country in which it was originally collected. This may include transfers outside of the European Union and into the United States. It will most likely be processed by staff in the United States who work for us or for one of our third-party providers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
If you use the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. If you are an international visitor, you acknowledge that by providing your Personal Information, you are: (a) permitting the transfer of your Personal Information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your Personal Information in accordance with this Privacy Policy. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this privacy policy and applicable law.
For all non-US customers
By using our Services or providing your Personal Information to us, you expressly consent to the processing of your Personal Information by us or on our behalf. Of course, you still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.
Sometimes we’ll need to transfer your Personal Information between countries to enable us to supply the Services you’ve requested. In the ordinary course of business, we may transfer your Personal Information from your country of residence to ourselves and to third parties located in and outside the United States.
By ordering a product from us, you are giving your consent to this overseas use, transfer and disclosure of your Personal Information outside your country of residence for our ordinary business purposes.
This may occur because our information technology storage facilities and servers are located outside your country of residence, and could include storage of your Personal Information on servers in the United States or in other countries.
We’ll ensure that reasonable steps are taken to prevent third parties outside your country of residence using your Personal Information in any way that’s not set out in this Privacy Notice. We’ll also make sure we adequately protect the confidentiality and privacy of your Personal Information.
YOUR RIGHTS / OPTIONS
Access and Control of Your Personal Information
Subject to local law, you may also have certain rights regarding information that we have collected and that is related to you. For example, if you are located in the European Union with rights under the General Data Protection Regulation (“GDPR”), you have the right to withdraw previously provided consent for our processing of your “personal data” as such term is defined under the GDPR, by contacting us at info@harlemcandlecompany.com. Such individuals also have the following rights:
- Right to access – This right allows individuals to obtain confirmation as to whether or not personal data concerning him or her is being processed and provides access to such personal data. It also allows individuals to request details of the processing of his or her personal data, including, without limitation, categories of recipients to whom the personal data has been or will be disclosed and the purposes of the processing.
- Right to rectify – This right allows individuals to rectify any inaccurate personal data about him or her.
- Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
- Right to be forgotten – This right is also known as the “right to erasure.” It is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
- Right of data portability – This right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
- Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.
To exercise any of the above rights, please contact us at info@harlemcandlecompany.com.
Legal Bases for Processing: We rely on the following legal basis to process your personal data: (i) it may be necessary for us to use and disclose your personal data for the performance and fulfillment of the contract between us and to provide you with our products and/or Services; (ii) if you specifically consent to certain uses of your personal data, we may use your personal data in a manner consistent with that consent; and (iii) we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.
OPTIONS
Your Information
We use reasonable processes to ensure compliance with this privacy policy and periodically verify that the policy is accurate. We encourage you to raise any concerns by contacting us at info@harlemcandlecompany.com, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. Unless legal restrictions apply, you have the right to access the information we hold about you free of charge. You may update, correct or delete your information at any time by contacting us at info@harlemcandlecompany.com. You can help us maintain the accuracy of your information by notifying us of any changes. To avoid delays in obtaining your information, please provide sufficient detail to permit us to identify you and the specific information that you are requesting. We will respond to your request within thirty (30) days of receipt, unless we inform you that it will take longer, as permitted by law under certain circumstances. Please note that there may be instances where access may be restricted as permitted or required by law. We will advise you of the reasons for restricting access subject to any legal or regulatory limitations. In addition, please note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. Please note that we are not responsible for storing any information that you provide to us or a third party or for any content or information that we or a third party provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.
Promotional Communications
By providing Personal Information to us, you expressly consent to receive messaging and information from us. You may opt out of receiving marketing communications from us by following the instructions in those communications or by emailing us at info@harlemcandlecompany.com. In such cases, we will retain minimum Personal Information to note that you opted out in order to avoid contacting you again. Please note that even if you opt out from receiving marketing communications, we may still send you administrative communications, such as technical updates for our Services, order confirmations, notifications about your account activities, and other important notices.
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed thirty (30) a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
Please note that there might be a brief delay between when you submit your request to 'opt-out' and when it is processed and reflected in our systems; accordingly, you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.
For any questions, please text HELP to the number you received the messages from. You can also contact us for more information by emailing us at info@harlemcandlecompany.com. If you wish to opt out, please follow the procedures above.
PRIVACY POLICY CHANGES
Harlem Brands reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt out of such differing uses. Your continued use of the Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to review this Policy regularly.
Non-Discrimination
We will not discriminate against you because you elect to exercise any of the rights related to your Personal Information, including but not limited to:
- Denying you products or Services;
- Charging you different prices or rates for Services, including through the use of discounts or other benefits or imposing penalties on you;
- Providing a different level or quality of Services to you; or
- Suggesting that you will receive a different price or rate for Services or a different level or quality of Services.
HOW TO CONTACT US
If you have any questions about this Policy, or our information practices, please contact us by email at info@harlemcandlecompany.com.
STATE Addendum to the Harlem Brands Privacy Policy
Addendum Date: June 18, 2024
This State Addendum to the Harlem Brands Privacy Policy (“Addendum”) supplements the terms of Harlem Brands’s Privacy Policy and applies to individuals who are residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Virginia, and Utah, as specified below. It describes the rights you may have, depending on the state of your residence, with regard to your personal information, which apply when new or updated laws take effect in these states. This Addendum does not apply to any employees, owners, directors, officers, or contractors of Harlem Brands or its affiliates.
California Privacy Policy
The section relates solely to residents of the State of California, and for purposes of this section, "you" means residents of the State of California. This section will provide you with information about our information practices and your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and applicable regulations (collectively referred to as "CPRA"). Any terms defined in the CPRA have the same meaning when used in this section.
- Personal Information we collect
Harlem Brands collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household ("CPRA Covered Personal Information" or "personal information"). CPRA Covered Personal Information does not include personal information that has been de-identified or aggregated, or that is publicly available information from government records.
In particular, we have collected the following categories of CPRA Covered Personal Information from consumers (as that term is defined in the CPRA) within the last twelve (12) months:
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- Categories of sources from which we collect personal information
You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the WHAT INFORMATION DO WE COLLECT section of our Privacy Policy.
- Our processing of your personal information
You have the right to know how we process and use your personal information. We make this information available to you in the HOW DO WE USE YOUR INFORMATION section of our Privacy Policy.
- Disclosure of Personal Information
You have the right to know if we share your personal information with any third parties and the categories of those third parties. We make this information available to you in the HOW IS YOUR INFORMATION SHARED section of our Privacy Notice.
- No Sales or Sharing of Personal Information
We do not sell personal information for monetary or other consideration, and we do not share your personal information for cross-context behavioral advertising (as defined in the CPRA). We have also not sold or shared the personal information of consumers under 16 years of age.
- Use of Sensitive Personal Information
We do not use or disclose sensitive personal information for purposes other than those specified in section 7027, subsection (m) of the CPRA regulations and we do not collect or process sensitive personal information for purposes of inferring characteristics about you.
- Your CPRA Consumer Rights
- Where we are acting as a business (as opposed to a service provider as those terms are defined in the CPRA), you have the following rights:
- Right to Access. You have the right to request that we disclose 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 your personal information, the categories of third parties with whom we share your personal information; and the specific pieces of personal information we collected about you.
- Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.
- Right to delete. You may have the right to request that we delete your personal information where we act as a business. This right is subject to several exceptions and 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 and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;
- Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.
- Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you.
- Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights under the CCPA, including we will not deny you goods or services, charge you different prices for goods or services, provide you a different level or quality of goods or services, or suggest that you will receive a different price for goods or services or a different level of quality of goods and services.
- Exercising Your Rights
You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by emailing us at info@harlemcandlecompany.com.
- Verification Process
We are only required to fulfill verifiable requests. Only you, you as a parent or a legal guardian on behalf of a minor child, or your authorized agent may make a verifiable request related to personal information. If you submit your request through an authorized agent, we may require you to provide your agent with written permission to do so and verify your identity. We may deny any request by an authorized agent that does not submit proof that the agent has been authorized by you to act on your behalf.
- For requests for access to categories of personal information, we will verify your request to a "reasonable degree of certainty." This may include matching at least two data points that you would need to provide with data points we maintain about you and that we have determined to be reliable for the purposes of
- For requests for specific pieces of personal information (portability request), we will verify your request to a "reasonably high degree of certainty." This may include matching at least three data points that you would need to provide with the data points we maintain about you and that we have determined to be reliable for the purposes of verification. We will also require you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
- For requests to delete, we will verify your request to a "reasonable degree" or a "reasonably high degree of certainty" depending on the sensitivity of the personal information and the risk of harm to the consumer posed by unauthorized deletion.
We will use the personal information you provide in a request only for purposes of verifying your identity or authority to make the request.
- Response Timing and Format
We will respond to a verifiable request within forty-five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. 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. (Note that the law prohibits us from disclosing at any time a consumer's Social Security number, driver's license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an Account password, security questions and answers, or any unique biometric data.) If we cannot comply with a request or a portion of the request, we will include the reasons in our response. If we deny your request on the basis that it is impossible or would involve a disproportionate effort, we will explain our reasons, such as the data is not in a searchable or readily accessible format, is maintained for only legal or compliance purposes, or is not sold or used for any commercial purpose and our inability to disclose it, delete or correct it would not impact you in any material manner.
We do not charge a fee to process or respond to your verifiable 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.
*Please note that in certain cases we may collect your personal information as a service provider (as opposed to a business, as those terms are defined in the CPRA) pursuant to a contract we have with a commercial client (the CPRA business) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the business. Should you direct your requests to exercise your rights to us, we may be required to share your request with the business, who is the party responsible under the CPRA for receiving, verifying and responding to your requests, or we may direct you to make your request directly to the business.
- CPRA exemptions
This section (California Privacy Policy) does not apply to the following data which is exempt from the CPRA, including but not limited to: medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994 (DPPA).
- Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to affiliates and other third parties for their direct marketing purposes. To make such a request, please send an email to info@harlemcandlecompany.com.
- Notice of Colorado, Connecticut, Montana, Oregon, Texas, Virginia and Utah Privacy Rights
The section relates solely to residents of the States of Colorado, Connecticut, Virginia and Utah, and provides you with information about your privacy rights under the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CDPA), the Montana Consumer Data Privacy Act (MCDPA), the Oregon Consumer Privacy Act (OCPA), the Texas Data Privacy and Security Act (TDPSA), the Virginia Consumer Data Protection Act (VCDPA) and the Utah Consumer Privacy Act (UCPA).
This section shall be effective for the residents of those States on the dates set forth below:
- Effective January 1, 2023, for residents of the State of Virginia
- Effective July 1, 2023, for residents of the States of Colorado and Connecticut
- Effective December 31, 2023, for residents of the State of Utah
- Effective July 1, 2024 for residents of the State of Oregon
- Effective July 1, 2024 for residents of the State of Texas
- Effective October 1, 2024 for residents of the State of Montana
For purposes of this section, "residents", "consumers" or "you" means individuals of those states who are acting in their individual or household context. This section does not apply to individuals acting in their commercial or employment context.
- Personal Information we collect
You have a right to know the categories and types of personal information we collect about you. We make this information available to you in the WHAT INFORMATION DO WE COLLECT section of our Privacy Policy.
- Categories of sources from which we collect personal information
You have the right to know the categories of sources from which we collect your personal information. We make this information available to you in the WHAT INFORMATION DO WE COLLECT section of our Privacy Policy.
- Our processing of your personal information
You have the right to know how we process and use your personal information. We make this information available to you in the HOW DO WE USE YOUR INFORMATION section of our Privacy Policy.
*For residents of the State of Virginia, to the extent that we maintain de-identified data, we take reasonable measures to ensure that de-identified data cannot be associated with a natural person, we publicly commit to maintaining and using de-identified data without attempting to re-identify the data, and we contractually obligate any recipient of the data to comply with the same obligations.
- Disclosure of Personal Information
You have the right to know if we share your personal information with any third parties. We make this information available to you in the HOW IS YOUR INFORMATION SHARED section of our Privacy Policy.
- No Sale of Data or Use of Data for Targeted Advertising
We do not sell your personal information and we do not use your data for targeted advertising (as that term is defined by your applicable state law). We may send you advertising in response to your request for information or feedback or based on your activities with our Services, including your search queries and visits to our Services. However, we will not send you targeted advertising based on your activities across non-affiliated websites, applications or platforms to predict your preferences or interests.
- Your Rights
- Where we act as the Controller of your personal information (as opposed to a Processor as those terms are defined in your applicable State law), you have the right to submit a request to us for the following:
- Right to access. You have the right to know if we process your personal information and have access to such information and certain details of how we use it.
- Right to correct. We take reasonable steps to ensure that information we hold about you is accurate and complete. However, you have the right to request that we correct any inaccurate personal information that we have about you.
- Right to delete. You may have the right to request that we delete your personal information where we act as a controller. This right is subject to several exceptions and we may deny your deletion request if retaining the information is necessary for us or our processors to:
- Complete the transaction for which we collected the personal information and take actions reasonably anticipated within the context of our ongoing business relationship with you or our client;
- Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information as permitted by law or that are compatible with the context in which we collected it.
- Right to restriction of processing (opt-out). You have the right to opt-out of processing your personal information for purposes of profiling in furtherance of any automated processing of your data that produce legal or similarly significant effects concerning you. (This right only applies to residents of the States of Colorado, Connecticut and Virginia.)
- Right to data portability. You have the right to obtain a copy of your data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to a third party.
- Right to non-discrimination and no retaliation. We will not discriminate or retaliate against you for exercising any of your rights, including but not limited to, by denying you goods or services, charging you different prices for goods or services, or providing you a different level or quality of goods or services.
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Right to restrict the processing of sensitive information
Unless we are processing your sensitive information pursuant to any of the legal exemptions listed in Section 8 (Exemptions) below or as otherwise allowed by law: - For residents of the States of Connecticut, Virginia and Colorado, we will not process your sensitive information without first obtaining your consent; and
- For residents of the State of Utah, we will not process your sensitive personal information without providing you with notice and an opportunity to opt out.
- Exercising Your Rights
You may exercise your rights to know, delete and correct as described above by submitting a verifiable request to us by emailing us at info@harlemcandlecompany.com
- Authentication Process
We will only fulfill request when we can verify your identify and confirm that you have authority to make such a request. Only you, you as the parent or legal guardian on behalf of your minor child, or your authorized agent, guardian or conservator may make a request related to personal information. If an authorized agent, legal guardian or conservator submits the request, we may require your written permission to do so and may require additional information to authenticate your identity. We may deny a request by an authorized agent, legal guardian or conservator who does not submit proof of authorization to act on your behalf. We will only use the personal information you provide in a request to verify your identity or authority to make the request.
- Response Timing and Format
We will respond to an authenticated request within forty- five (45) days of its receipt, and will notify you within those forty-five (45) days if we require more time to respond and the reasons for the additional time. 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. If we cannot comply with a request or a portion of the request, we will include the reasons in our response.
*For residents of the States of Colorado, Connecticut and Utah, you may make one request within a twelve-month period at no charge.
*For residents of the State of Virginia, you may make a request up to two (2) times within a twelve (12) month period at no charge. We reserve the right to charge a fee to process or respond to any request that we consider 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.
- Right to Appeal
You have the right to appeal our decision within a reasonable period of time after receipt of our response. You may appeal our decision by sending us an email at info@harlemcandlecompany.com. We will respond to your appeal within 60 days of receipt (45 days of receipt for residents of Colorado) and will inform you of any decisions and the reasons for such decisions.
* Please note that in certain cases we may collect your personal information as a processor (as opposed to a controller, as those terms are defined in your applicable state privacy law) pursuant to a contract we have with a commercial client (the controller) to provide a service. In such a case, we are required to collect and process your information only based on the instructions received from the controller. Should you direct your requests to exercise your rights to us, we may be required to share your request with the controller, who is the party responsible under your applicable state privacy law for receiving, authenticating and responding to your requests.
- Exemptions
This section (Notice of Colorado, Connecticut, Montana, Oregon, Texas, Virginia and Utah Privacy Rights) does not apply to certain entities and data that are exempt from your applicable state privacy law, including but not limited to the following: covered entities, business associates and protected health information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); financial institutions and personal information subject to the Gramm-Leach-Bliley Act (GLBA); and personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act, the Farm Credit Act and the Driver's Privacy Protection Act of 1994 (DPPA).