Lush Living Privacy Policy

Last Modified: September 20, 2018

This policy covers the treatment of information we collect when you visit or use the online content, software, services and mobile applications that we provide (collectively, “the Lush Living Platform”). The Lush Living Platform is provided by Lush Living, Inc. (“Lush Living” or “us” or “we”). This policy does not describe information collection policies and practices of websites and platforms that we do not provide, including those linked to or integrated with the Lush Living Platform. It also does not cover information you may choose to share with other users of the Lush Living Platform.

Information We Collect

We collect personally identifiable information about you which you affirmatively choose to submit to us, such as your e-mail address, postal address, name and phone number. From time to time we automatically collect certain information that may be considered personally identifiable information such as the IP address of your computer or network connection. We also automatically collect other non-personally identifiable information such as the time and date of your visit, your location, the pages and other content that you access, and the number of times you return to the Lush Living Platform. This information is used in the aggregate for our internal marketing and similar purposes. This process may involve the automatic placement of a small, removable text file (commonly referred to as a “cookie”) on your computer's hard drive. 

We may also integrate into the Lush Living Platform technology provided by third parties (e.g., Google Analytics) to accomplish this information collection. We currently use MemberSpace to manage membership within the Lush Living Platform. We encourage you to review the applicable MemberSpace privacy policy at https://www.memberspace.com/privacy. And we utilize the services of MailChimp to communicate with you by email. You can read MailChimp’s privacy policy at https://mailchimp.com/legal/privacy. 

How We Use the Information We Collect

We use the information collected primarily to improve our site and to learn about how it is used and accessed. We may also use information we collect to analyze user behavior as a measure of interest in and use of the Lush Living Platform, and may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. We may disclose information about you to third parties if we have a good-faith belief that we are required to do so by law or legal process, to respond to legal claims, or to protect the our rights, property or safety or the rights, property or safety of others. 

We may disclose information about you to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion our assets. The successor organization’s use and disclosure of your personally-identifiable information will continue to be subject to this policy unless (i) a court orders otherwise, for example a bankruptcy court; or (ii) the successor organization gives you notice that your personally-identifiable information will be subject to the successor organization’s own policy, along with an opportunity for you to opt out (which may cause you not to be able to continue to use the Lush Living Platform). If you submit personally-identifiable information after such a transfer, that information may be subject to the successor entity’s policy.

As discussed above, certain third parties are provided with access to your information, including MemberSpace, MailChimp and Google Analytics. Your information may be available to one or more third parties who provide assistance to us in web design and development of the Lush Living Platform. 

Social Features of the Lush Living Platform

If you provide information in any social feature relating to the Lush Living Platform (including, by way of example, joining a Facebook group), or to any other party through the Lush Living Platform, you should be aware that your information may then be made available to others.

Right to Opt Out

At any time after we collect personally identifiable information, you will have an opportunity to "opt out" of any use or disclosure of it. You may request to opt out by logging into your membership account. You should be aware, however, that once you opt out, you may no longer be able to enjoy some of the features of the Lush Living Platform. Notwithstanding any request from you to opt-out, we may retain personal information for an indefinite amount of time to preserve our database and to comply with various federal and state laws.

E-mail 

We may contact you from time to time concerning your use of the Lush Living Platform, updates, and regarding other information that we believe may be of interest to you. If you contact us by e-mail, you should be aware that e-mail transmissions might not be secure. Information you send by e-mail could be viewed in transit by a third party. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission.

Children’s information

The website is not directed to children under the age of 13. We do not collect any personally identifiable information from children under the age of 13, and any such disclosure is strictly prohibited. 

Changes to this policy

We reserve the right to change or update this policy, or any policies or practices, at any time without notice to you. Without affecting our rights to change this policy, we will attempt to notify you using the information we have on file of any material changes. Any changes or updates will be effective immediately upon posting to the Lush Living Platform.

Do Not Track

One or more third parties (for example Google Analytics) that have content embedded within the Lush Living Platform may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific location from a certain IP address. 

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. We do not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.

GDPR issues

Certain of this data we collect may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”). 

The following disclosures concerning our compliance with GDPR are presented for informational and compliance purposes only. Nothing in these disclosures constitutes a representation that any particular data or service is governed or subject to GDPR, nor do these disclosures represent or constitute any contract or undertaking with any individual. We will comply with GDPR to the extent applicable.

Utilization of Data

We utilize personal data including the information provided by you during usage of the Lush Living Platform and submission of forms. We process this data for marketing purposes. This data may be used, for example, to send information electronically or physically that you request.

Basis for the Processing of Data

We may seek your consent to send communications (marketing communications). We will seek a separate consent to send these communications in certain cases which may be revoked by you at any time via email to gdpr@katylsh.com or by clicking unsubscribe on the pertinent email communication.

Recipients of Personal Data

Recipients of personal data may include fulfillment providers for physical mailing, email deployers, technical providers of data storage, and back end service providers. All employees of ours who receive or review personal data have received training concerning maintaining the confidentiality of such data and committed themselves to confidentiality. Where appropriate, we will enter into written agreements governing the processing and confidentiality of personal data by third parties.

Storage of Data

We will retain data only so long as is necessary.

Your Rights Under GDPR

If the GDPR applies to retention of your personal data, you have several rights including (i) the right to request access, rectification or erasure of your data, (ii) the right to lodge a complaint with the appropriate European Union supervisory authority, and (iii) to the extent processing of data is based on consent, you have the right to withdraw your consent at any time.

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