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GDPR PRIVACY & SECURITY

Hallmark Babies, LLC (“Hallmark”, “we”, “us”, “our”) is the data processor and we take your privacy very seriously. This Privacy Policy describes how Hallmark uses personal information provided by you as the data controller and data subject within the scope of  Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). Terms used but not defined in this Privacy Policy will have the same meaning as set forth in Article 4 of the GDPR.

This Privacy Policy should be read alongside and is subject to the www.hallmarkbaby.com (“the Website”) Terms of Use and explains how we may use and protect your personal data that you give us when you use this Website. This Privacy Policy, together with the Terms of Use and the Website Terms of Sale, forms the entire agreement between us.

This Privacy Notice explains how we will use your information, including information collected about or from you as a result of your use of the websites we operate. It should be read alongside and is subject to the Website Terms of Use and (where applicable) the Website Terms of Sale, which can be viewed in the footer of the Website.

If you have questions or concerns about this Privacy Policy, please contact us before using this Website.

By using the services on the Website and providing your data to us, you understand that your data may be collected and used in some or all of the ways described below. We reserve the right to change this Privacy Policy at any time by updating this page. We will alert you that changes have been made by indicating at the top of the Privacy Policy the date that it was last updated. Please check this page from time to time for changes to make sure you are aware of our latest privacy practices

What Personal Information Does Hallmark Collect?

Personal Information may be requested whenever you choose to use the services on this Website. The type of Personal Information we may collect will be tied to the type of service you are using but may include:

  • your name and contact information (including e-mail address) and any other details you provide to us;
  • information you provide when you report a problem with our Website;
  • records of any correspondence when you contact us.

We may also collect:

  • details of your visits to the Website including, but not limited to, traffic data, location data and communication data and the resources that you access; and
  • details of your IP address which may be linked to your e-mail address;

We collect this information so that we can administer the Website, optimize it for your use and make sure our Website runs smoothly. We collect this information on the basis of our legitimate interests in providing, operating and maintaining the Website.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

You do not have to provide us with your data but we may not be able to provide our services to you if you do not. This might mean we have to cancel a product or service you have with us but we will notify you if this is the case at the time. Our Website may not work properly on your device without details of your visit to our Website, which may include your IP address, and you may not be able to access all of its features.

How does Hallmark use Personal Information?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

  • Where we need to perform the services for which you are providing personal data;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (such as where it is necessary for the administration of our business, our legal risk management and managing the performance of our website); and
  • Where we need to comply with a legal or regulatory obligation.

 

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. If you withdraw your consent this will not affect the lawfulness of any processing carried out before you withdrew it.

For what purpose will Hallmark use your Personal Information?

We have set out below, in a table format, a description of all the ways we may use your personal data, the types of data that may be involved, and which of the legal bases we rely on to process it. We have also identified what our legitimate interests are where appropriate.

 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of services for you

To manage our relationship with you which may include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of services for  you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

Who does Hallmark share Personal Information with?

We may share Personal Information with third parties in order to provide you with the services you request. Such third parties may include technology providers, our call center operator, the hosting provider of user images (obtained with your permission), the hosting provider for our ratings and reviews services and service providers that process our outbound e-mail communications. Your Personal Information is provided to these third parties solely for the purpose of providing you the services you request from us when you request them. Such third parties do not store, retain, access or otherwise use Personal Information.

Hallmark may also disclose your personal data:

  • In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
  • When Hallmark believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of Hallmark, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and
  • To prospective or actual buyers in the event that Hallmark sells any of its business or assets to be used in the same way.

Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.

How long will Hallmark retain my Personal Information for?

We will only keep your data for as long as is necessary and justified. We take steps to ensure that we only keep the minimum data we need for the purposes of our legitimate interests (in the management of our business and its risks) and in line with our legal obligations.

In some circumstances you can ask us to delete your data: see “Request erasure” below for further information.

 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

If you would like more information about how long we retain specific data, you can contact us using the details set out in this policy.

 What are my Legal Rights?  

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

 

  • Request access to your personal data
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data, including to object to direct marketing.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent

We may provide you with a standard form to help you specify your request. You are not required to use the standard form we provide, but it may be helpful and save time if you do.

If you wish to exercise any of the rights set out above, please contact us by using the "Contact Us" links in our "Customer Service" area.

 

No fee usually required  

 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

What we may need from you  

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Time limit to respond  

 

We try to respond to all legitimate requests as soon as possible and in any event within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. In such cases it may take up to two further months to process your request.

 

Contacting Hallmark and complaints

If you have any questions about our Privacy Policy, the practices of this site, or your dealings with this site, or you would like to make a complaint you can contact us at: the "Contact Us" links in our "Customer Service" area.

You also have a right to complain about the use of your information to the Information Commissioner's Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. www.ico.org.uk or call on 0303 123 1113